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Former Traffic Court Judge Serving New York and New Jersey

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New York And New Jersey Traffic Violations Blog

Full-stop traffic light prevents pedestrian deaths in New Jersey

Motor vehicle accidents are a reality of life in high-traffic areas, such as cities and major highways. Collisions are often minor and result in nothing more serious than car damage, but there is little more dangerous to pedestrians than to be hit by a car.

The National Highway Transportation Safety Agency reports that more than 5,300 pedestrians were killed in 2015, up about 8 percent from 2014. A small town in New Jersey, just across the Hudson River from New York, suffered a pedestrian fatality and decided to make a change.

Can speeding tickets result in jail time or other penalties?

Speeding tickets are certainly not uncommon. Because of this, many people may not think they're a big deal. The truth is that they can have some serious implications, depending on why you've received a ticket and how fast you were traveling. Besides raising the cost of your insurance policy, a speeding ticket can actually land you in jail.

One of the reasons you could end up in jail is if you were driving recklessly while speeding. Going 20 or 30 mph over the speed limit would be considered reckless driving and willful or wonton disregard for the safety of yourself and others.

License revocations versus suspensions: Know the difference

A suspension and revocation are not the same. In the case of a suspension, you lose the right to drive for a period of time before it is returned to you. Sometimes, the courts require you to pay a fee before the suspended license will be returned to you and your driving privileges restored.

If you're told you're having your license revoked, that's different. It means you're losing the right to drive, having your license taken away and your privilege voided. In that case, to get a new license, you have to reapply for a license at the local Department of Motor Vehicles. You must wait until the revocation period is over. If you don't meet the DMV's standards or have a poor driving record, the DMV can refuse to issue you a license.

Refusing a Breathalzyer in New York can cost you $500

Just because you're able to do something, doesn't mean you should. Perhaps, you heard this saying when you were growing up, similar to the if-your-friends-jumped-off-a-cliff statement parents often make. There are many situations in life where you may have a right to do something, but you need to weigh the possible consequences of your choice before deciding what to do.

For instance, if you get pulled over in a traffic stop in New York, and a police officer asks you to step out of your car, you will likely need to make several decisions in the moments that follow.

You can face heavy penalties for driving drunk in New Jersey

If you've been stopped for driving under the influence, you now have a few problems to address. You may have problems getting to work or school, between your family members because of your actions or simply fear the charges you face. Fortunately, your attorney can help you work through this situation and toward the best possible outcome.

Driving under the influence is certainly not the best idea, but mistakes happen. If you're stopped and the police take a Breathalyzer test, it's important that the test is performed accurately. If you burp or have indigestion, for instance, the test may not be accurate.

What is a standardized field sobriety test?

A field sobriety test is used to determine if you're intoxicated. Not all tests are created equal, which is why it's vital that you pay attention to the test being given and the way in which it's given. If it is given incorrectly or produces a number of differing results, the test itself may not be admissible in court.

The Standardized Field Sobriety Test has been used since the 1970s. There are actually three tests performed during the SFST. The three tests include one-leg standing, walk-and-turn and horizontal gaze nystagmus. The three tests combined help police officers determine if you are intoxicated, whether or not it's from alcohol.

Driving without insurance: An extreme risk in New York

No one should ever drive without insurance. Driving without insurance is an incredible risk. If you get into an accident, there's a potential for you to face a lawsuit. If you're stopped by police for another traffic issue, you could face the loss of your license and other penalties.

Part of maintaining your vehicle is keeping car insurance on it. If you do not have insurance, you are required to turn in your registration and license plates before your insurance expires, according to the New York Vehicle and Traffic Code. Your vehicle registration is immediately suspended when your policy lapses, and the insurer does send an electronic notice to the Department of Motor Vehicles.

New device could detect a driver's text messages, activities

If you've been accused of texting behind the wheel, then this new tool might be of interest to you. Nicknamed the textalyzer, the technology has been created to determine if a person has been using his or her phone illegally while driving. Now, there could be proof that you were paying attention instead of having allegations thrown at you.

The tool would allow the police to crack phones, opening the programs to see if someone had sent or received texts recently. Lawmakers in New York, one of the cities considering the devices, say that too many people text and drive without facing penalties for doing so.

Mom of man who allegedly left accident scene says he's innocent

"We are grieving -- we lost one son, and we have one son that's wanted for something he didn't do," said a Queens mother, whose 19 year-old son is accused of crashing his 2008 Acura and leaving his mortally injured brother, 22, behind in the car as he fled the scene.

"My son will be at the precinct today with a lawyer, giving his side of the story, and we have video showing that my son wasn't driving the car," she added.

Sometimes, a breath test is full of hot air

A New York City police officer pulled you over and suspected you of drunk driving. He or she administered a breath test that indicated you had a blood alcohol concentration level at or above .08. For the officer, this might conclusively prove your impairment and provide probable cause (a legal reason) to arrest you. However, to a criminal defense attorney, it's far from conclusive.

Questions about the machine

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