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April 2015 Archives

New stats show rise in distracted driving violations in New York

When law enforcement efforts coincide with an increase in traffic citations, New York citizens and criminal law experts alike often begin to question the correlation. Could an increase in offenses be resulting in a higher number of citations and arrests, or are focused efforts leading to more identified violations? These types of questions were being asked in response to evidence suggesting that texting-while-driving traffic violations are on the rise in the Big Apple.

Do I have to speak to law enforcement at a DUI checkpoint?

Knowing your rights when entering a DUI checkpoint is a valuable tool. Though such checkpoints are actually banned or not used in 12 states, the Governors Highway Safety Association points out that they are in legal use under New York traffic law.

Field sobriety tests in New York are not always reliable

The National Highway Traffic Safety Administration has guidelines for three types of field sobriety tests. According to the NHTSA, law enforcement members in New York and across the country are trained to use these tests when they suspect someone of drunk driving. Those tests include the following: 

Understanding the New York driver responsibility assessment

Certain traffic offenses in New York automatically enter a motorist into the state’s responsibility assessment program. The fee associated with the program is tacked on to any fines or penalties that are already owed as part of the violation. At Martin A. Kron & Associates, LLP, we know that these fees can be costly and cause even more financial hardship for those accused of a traffic offense. Understanding the implications of certain tickets may encourage drivers to fight the charges. 

New York DUI costs more in auto insurance than any other big city

A drunk driving conviction anywhere typically means temporarily losing driving privileges, having to pay a fine and even facing time in jail. Motorists will also see a spike in their auto insurance premiums as a direct result of the DUI. A new study has found that in New York City, that increase is actually more expensive than in anywhere else in the country.

How do you reinstate a revoked driver's license in New York?

As previous posts have discussed, there are any number of reasons why New York drivers may have their licenses revoked. Driver's license revocations are generally for a set period of time. However, a license is not automatically reinstated once the period has ended. Therefore, it is important for motorists to understand the process for reinstating their license. This may help them to avoid further penalties for driving with a revoked license.

Understanding the consequences of New York traffic violations

From improper lane changes or speeding, to texting and driving or alcohol-impaired driving, there are a number of traffic violations in New York City. If convicted of these types of charges, motorists may face a range of penalties. It may behoove people to understand these consequences, to ensure they are aware of their rights in the event they receive a traffic ticket.

Driver in fatal crash charged with failure to yield

Most people in New York City are aware that the mayor enacted the Vision Zero program in 2014. In general, the program is aimed at reducing traffic-related deaths in the city. However, the program has made what were previously minor traffic law violations serious offenses for drivers. As such, motorists could face harsher penalties for convictions of New York traffic law offenses.

Can you get a New York speeding ticket if you are not speeding?

Most drivers in New York, and elsewhere, are aware that the posted speed limits indicate the maximum speed they are allowed to drive. Furthermore, they are generally cognizant of the fact that exceeding those limits can result in them receiving a speeding ticket. Many motorists, however, do not realize that they can also be ticketed for speeding, even if they are not driving faster than the limit. In order to avoid getting speeding tickets, it behooves people to understand the state’s laws regarding the maximum speed limits.

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