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.
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.
Different offenses can result in different types of criminal charges. This can be particularly confusing for a New York resident who has not had the need to understand the rules of driving beyond testing to get their driver's license. For example, different speeding offenses may be charged differently, depending upon the alleged actions of the driver.
Under the law, a New York driver is speeding if they operate their car above the posted speed limit in a particular area or zone. Therefore, a person driving 27 miles per hour in a 25 miles per hour zone is speeding, but it is a stretch of logic to suggest that this person should face the same penalties as someone who drove 90 miles per hour in a 45 miles per hour speed zone.
One of the few places that a New Yorker can legally drive 65 miles per hour is on a controlled highway, and only then if the location where they are operating their vehicle is posted as having such a limit. In the state of New York, highways and interstates can have different speeds in different places and it is up to drivers to know and recognize when speed limits change.
A person's driving record is the list of traffic offenses and citations that they have amassed over time when behind the wheel of a car. A person who is convicted of speeding, failing to yield, running red lights or other traffic offenses may have a number of items included on their New York driving record. As a person collects offenses on their record, points against them will accumulate.
Many times, often due simply to the flow of traffic, a person in New York may drive above the posted speed limit. While they may feel justified in doing so, the fact remains that speeding is against the law in New York and those who violate the speed limit can be ticketed.
Last time, we looked briefly at New York law concerning the use of mobile telephones while driving, including the presumption concerning holding a mobile telephone and exceptions to the rule. In addition to prohibiting talking on cell phones while driving, New York law also prohibits the use of portable electronic devices while driving, which refers to texting, surfing the Internet, checking email, and so on.