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New York Traffic Violations Legal Blog

What is inattentive driving?

Distracted driving is the general term that New Yorkers may use to refer to any activity that takes a driver's attention off of the road. Often times, distracted driving is caused by cell phone use. Texting and driving, making phone calls, checking email and surfing the web are all common ways that drivers become distracted by their technology. Those who are suspected of distracted driving can be sanctioned for their alleged actions.

However, the state of New York also targets drivers who engage in other allegedly dangerous behaviors while driving. Any of these activities may make a driver inattentive to their driving responsibilities, and therefore, those drivers are considered inattentive drivers when they do them. Inattentive behaviors can include, but are not limited to, driving while tired, driving while distracted and driving with one's eyes off of the road.

Special rules apply at train crossings

Many goods are carried through the state of New York on trains. These massive vehicles are an efficient way to haul large loads over long distances. Because trains travel on tracks that may cross the roads that readers drive on, individuals should be aware of just what is legal to do at such intersections.

New York drivers are expected to abide by all railroad crossing signs and indicators that show a train is approaching an intersection. It is not always possible to tell how fast a train is moving and it can therefore be dangerous to vehicles and their passengers to attempt to cross tracks when trains are near. Additionally, drives should not cross train tracks if they cannot fully clear the tracks on the other side or may get stuck on the tracks because of forward traffic.

Passing at crosswalks can result in traffic violations

In cities like New York, pedestrian traffic can be as heavy as roadway traffic. The streets and sidewalks of the city can clog with individuals walking and jogging to their destinations, often while talking on their phones, listening to music, or otherwise distracting themselves from their surroundings. This combination of elements can create dangerous situations for both drivers and pedestrians when they cross paths.

New York has strict crosswalk laws. When a crosswalk is controlled by a signal, pedestrians must abide by that signal to safely and legally cross the road. However, where there is no controlling signal or when the signal is not working, drivers must yield to pedestrians in crosswalks and allow them to safely get to the other side of the street.

NY law enforcement officials steps up efforts for holiday week

The Fourth of July is a celebratory time of year when New Yorkers come together with their families and friends for food, fun, and fireworks. As they celebrate the independence of the nation, partygoers may indulge in tasty treats and special drinks. When they decide that it is time to head home from their gatherings, they should be aware that someone may be watching.

The Superintendent of the New York State Police has announced that state and local law enforcement agencies will increase their patrols and efforts to identify and apprehend drunk drivers over the Fourth of July week. In addition to having more officers out on the streets, sobriety checkpoints may be set up to catch drivers who officers believe may have been drinking.

Can a driver refute an officer's claim of speeding?

Law enforcement officials have many ways of catching speeding drivers in New York. They may sit on the sides of roads with their laser guns at the ready, prepared to catch speeders in the crosshairs of their devices. Or, they may drive along highways and visibly witness what they believe to be speeding vehicles on the road. These are only some of the tools and techniques that officers may employ to catch drivers who are breaking the law.

However, police officers do not always correctly identify the speeds at which drivers are operating their vehicles. When a police officer chooses to pace a vehicle they believe is driving too fast, they may erroneously record their speed instead of the speed of their suspect. Officers who use laser devices and radar to catch speeders may not use their devices correctly and may, therefore, have bad speed readings on which they have based speeding tickets.

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.

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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