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New York Traffic Violations Legal Blog

Drivers may be sanctioned for passing stopped school buses

Many New York children ride school buses to get to school. From kindergartners to high school students, many youths rely on school buses for their safe passage to and from their homes. Therefore, drivers throughout the state are likely used to seeing them in their communities and on local roads.

School buses are unique vehicles in many different respects. They are large and their color makes them distinctive; they also have mechanical arms that hold out illuminated stop signs. These signs are displayed when school buses are loading or discharging passengers.

Does New York have a hands-free cell phone law?

Texting is an important form of communication in today's busy world. It is often the way that parents stay in touch with their kids, how bosses reach out to their employees, and even the way that schools communicate with the families in their districts.

However, there is one place in particular that individuals should not text: behind the wheels of their cars. New York effectively prohibits all cell phone use that requires a driver's hands when a person is driving a car. That means that the state has enacted laws that prohibit texting and driving, using the internet, making phone calls, sending emails, and other functions that can be performed on a cell or smart phone.

Protect driving rights with strong defense

Not long ago, this blog discussed using an emergency as a defense to a speeding allegation. While some defenses may give drivers the option of pleading down or overcoming the legal claims against them, others may not be effective in protecting their right to drive. Therefore, having a defensive strategy before going to court can be important if one wants to maintain their driving privileges.

At the Law Office of Craig Bondy, all clients are treated with respect and provided with the knowledge they need to understand what their options are for addressing their legal dilemmas. Choosing how to move forward on a legal matter can be difficult, and attorney Craig Bondy works with each of his clients to make sure they are comfortable with the defense path they have chosen.

A review of New York's drunk driving laws

The state of New York takes drunk driving seriously and imposes significant penalties on individuals accused and convicted of driving with alcohol in their systems. It is important that drivers understand the laws if they are charged with drunk driving, but this blog does not provide legal advice and readers are asked to discuss their own cases with their personal attorneys.

Drivers in New York are considered drunk per se if their blood alcohol concentration is at or above 0.08%. If a person is able to perform some coordination-based assessments but has a BAC of 0.08%, they can still be arrested for drunk driving. A person who exhibits intoxicated driving behaviors but has a BAC lower than 0.08% may also be arrested for a DUI crime.

Is an emergency a good defense to a speeding ticket?

When a person exceeds the posted speed limit, they may be considered speeding. Speeding is punishable under the law, and when a New York driver accumulates too many points based on speeding, they may lose their driving privileges. While an individual may believe that their need to address or avoid an emergency is a good justification for speeding, they should understand that it may not always be accepted as a valid excuse.

Speeding emergencies can come in all shapes and sizes. A nervous father-to-be may speed down the road with his laboring partner to get to the hospital before the arrival of their child. A person fleeing a natural disaster may exceed posted speed limits to avoid being hurt by the pending disaster.

Legal options for texting and driving tickets

New York residents should take their tickets seriously. Whether they are incurred for allegedly driving too fast, driving while distracted, or driving in violation of local traffic laws, tickets can add up and mean big trouble for individuals who depend on the use of their drivers licenses. The more tickets and points a driver accumulates, the longer they may lose their driving privileges.

Texting and driving tickets are issued often in the city of New York and can quickly become problems for drivers who pick up multiple alleged offenses in a short period of time. A driver who needs their car to get to work or to provide support for their families may be left without driving rights if their license is suspended or revoked due to too many alleged violations.

How do a moving violation and a nonmoving violation differ?

There are a number of different driving infractions that New Yorkers can be charged with. While these infractions can be classified into different types of actions, one of the most basic groupings that vehicle-based violations can take is either a moving violation or a nonmoving violation. This post will discuss the basic difference between these, but readers should seek the advice of their own attorney when it comes to preparing their traffic violation defenses.

A moving violation occurs when a driver is actually operating their car, truck, or other vehicle. It can involve speeding, such as when a driver is operating above the posted speed limit. Or, it can happen if a driver makes an illegal turn on a red light. Moving violations require motion in order to be alleged.

New York works with other states to catch speeding drivers

A speeding ticket is a nuisance at best and a serious legal matter at worst. New York drivers who have been stopped for allegedly speeding on New York roads understand the stress and financial strain that accumulating tickets may have. Too many speeding tickets can lead to the loss of one's driving privileges, financial penalties in the form of fines, and even time in jail.

New York takes speeding and traffic infractions seriously, so much so that it has partnered with surrounding states to crack down on allegedly problematic driving practices. Recently, state officers from New York and Vermont worked together to catch allegedly law-breaking drivers who were operating on the Route 4 corridor.

New York penalties for texting and driving

Texting and driving is an ambiguous term. People may believe that only sending text messages while driving is prohibited under New York law, when, in fact, many types of cell phone use are considered illegal when a person is behind the wheel. Talking on a cell phone, sending emails, surfing the Internet, and engaging in other phone-based activities while driving are all considered texting and driving for the purposes of imposing fines and points on drivers' licenses.

Engaging in one of these activities can be expensive. For example, a person caught texting and driving for the first time may be fined up to $200. If they amass three or more texting and driving violations in a three-month period, then their fine may rise to $450.

Is "driving the speed of traffic" a defense to speeding?

Controlled highways throughout New York have posted speed limits that reach up to 65 miles per hour. However, anyone who has spent time on the highways of the state will know that traffic is often moving well in excess of that established ceiling. Some people believe that it is far safer to speed to keep up with other vehicles when in traffic than it is to drive the speed limit or lower and be the slowest vehicle on the road.

Whatever truth there may or may not be to this belief, it will likely not do a driver any good as a defense if they offer it as an explanation to why they were caught and ticketed for speeding. Guidance offered by the Governor's Traffic Safety Committee clearly states that a speed limit is just that - the top end of the safe speeds a driver should reach on a certain road. Just because others are electing to violate the speed limit a driver will not be justified in doing so.

Call 212-257-8321 to receive a free, no-obligation ticket evaluation from The Law Office of Craig Bondy or reach us by email.

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