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New York Traffic Violations Legal Blog

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.

Drivers must often yield to pedestrians in New York

Individuals who drive in New York know well how difficult it can be to negotiate the busy streets and intersections of the city. Not only do many cars, trucks, and other automobiles clog the roadways with traffic, but drivers must also move around bicyclists and pedestrians. In the chaos of driving, it can be confusing for drivers to remember just when they have the right of way when it comes to encountering pedestrians.

Pursuant to Title VII of the Laws of New York, drivers must yield to pedestrians in crosswalks. Yielding means that a driver must either slow down or stop depending upon which action is appropriate given the circumstances. However, in signal-controlled intersections, pedestrians must follow their signals and yield to vehicles when they have the right of way.

Helping you to fight a speeding ticket

Driving is a privilege that many New Yorkers enjoy, but it is also one that many need to keep their lives moving forward. The ability to use one's own car to get to their job and transport family members to school and other locations is important to those who enjoy their independence, but it can also be vital for many who must be able commute to work to provide for themselves and their family. As readers of this blog know, tickets and other sanctions can threaten drivers' rights when it comes to maintaining their licenses.

One of the most common violations that drivers may be charged with is speeding. Speeding involves operating one's vehicle over the limit of the area where they are. Depending upon how fast a driver is operating their vehicle and how far over the speed limit they are alleged to have been driving, a driver can face fines, the suspension or loss of their license, and, potentially, other consequences if they are convicted.

What can happen if you drive without a license?

Individuals who are accused of traffic violations that involve driving without a license are encouraged to discuss their case with traffic defense attorneys. This is because different factual scenarios will have very different strategies that may help New York residents avoid the costly penalties that can accompany these types of charges.

For example, if a driver is stopped and does not have their license on them because they simply forgot it, they may have an opportunity to later prove they hold a valid driver's license and avoid a penalty for operating without a license. However, individuals who drive without valid drivers' licenses issued to them can face more serious consequences.

Drivers may have more points taken away the faster they speed

When playing a video game, a person may wish to drive as fast as possible to get the most points they can. However, drivers in New York are probably aware that fast driving and points are not good for their driving records. In fact, when a driver accumulates too many points on their license, they may lose their driving privileges.

Under the New York State Driver Point System, points are assigned to drivers' licenses for illegal actions. Speeding is one action that is penalized with points and the amount over the speed limit that a driver is alleged to have driven will dictate how many points are assigned. For example, while allegedly driving one to ten miles per hour over the speed limit will result in three points assigned to a driver's license, allegedly driving 21 to 30 miles per hour over the limit will result in six points being assigned.

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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