Former Traffic Court Judge Serving New York and New Jersey

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Only 1 of 2 New York drivers involved in fatal crash, charged

Everyone understands that there are traffic laws and there are consequences for breaking those laws. Questions and complexities can occur when, for one reason or another, all motorists are not held to the same standards. In some cases, it could help drivers fight a traffic ticket or possibly even win criminal or traffic court appeals.

The attorney representing one New York City driver has questioned why his client was charged with vehicular homicide while the driver who actually caused the death was not. Authorities allege the client caused two accidents while driving under the influence of alcohol, the second of which resulted in the death of a law enforcement officer. The officer was hit by an SUV as he was checking on the man.

The driver whose vehicle struck the officer has not yet been charged with any violations or criminal counts for his role in the incident. That is not to say that charges against the driver of the SUV will not be filed at a later date, however. If there no charges brought against the SUV's driver, it could help the man to convince a court that authorities are targeting him because of his earlier actions. This could be of benefit in the initial trial itself or for traffic court appeals, if he is found guilty.

Traffic violations can be very serious. While most motorists understand there are consequences for disregarding traffic laws, they do expect that all drivers on the roads be held to the same rules and penalties. People who are charged with traffic violations or more serious charges stemming from traffic related incidents might find it useful to consult with an attorney who can represent their interests.

Source: Long Island Press, "Driver Faces New Charges in Crash That Killed Cop", Timothy Bolger, April 10, 2013

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