Blog

Town and Village Court Justices

It is a little known fact that most town and village justices in New York are not attorneys.

Stopping a Motorist Twice for Same Violation

In a decision out of Michigan, a federal court ruled a police officer is not allowed to stop a motorist more than once for the same violation.

Motion Coram Nobis

A Coram Nobis Motion is an old common law motion in New York State that can often be utilized to vacate a guilty plea.

In New York, does a Defendant Have to Appear in Court to Fight a Traffic Ticket?

New York law allows for an attorney to go to court instead of their client.

Reckless Driving - VTL 1212

Reckless driving is a Misdemeanor and if you plead guilty or are found guilty you are subject to thirty days jail.

How does the New York State Driver Responsibility Assessment Fee Work?

The Driver Responsibility Assessment (DRA) is a fee for obtaining six points or more in the span of 18 months.

100+ MPH Speeding Ticket

In general, courts deal with 100+ mph speeds differently than other speeding violations.

VTL 1180(D) Speeding Ticket

VTL 1180(D) is the default speeding violation statute.

Roadside Reduction

The term “roadside reduction” refers to a situation where the police officer that pulled you over decides to issue a lower-level ticket than what they could have issued.

VTL § 1124 Limitations on Overtaking on the Left

This is a statute concerning the limitations of passing in oncoming traffic.

VTL § 1144(a) - Operation of Vehicles on Approach of Authorized Emergency Vehicles

This statute is about the requirement to move out of the way when an emergency vehicle is behind your vehicle.

PNG SUBMSN TO CRT-OS

You received a ticket in another state and failed to answer the ticket with a Guilty plea or Not Guilty plea.

Notice of Drivers License or Driving Privileges Suspension

A court in New York State has determined that you either failed to answer a ticket, failed to appear at a court date, or failed to pay a fine for a plea-bargained disposition.

Out of State Drivers with New York Traffic Tickets

If you are an out of state driver that has received a New York Traffic Ticket, there is no need to worry.

VTL 1140B, Failed to Yield Right Away

If two cars approach an intersection around the same time, the vehicle on the right has the right of way.

VTL 1151B

Proper yielding depends on both the driver and the pedestrian

VTL 1160D, Failed to Turn as Required

When there are specific signs directing traffic, a driver must obey them.

Probationary Period for New Drivers in New York State

After a New York driver gets suspended they are placed in a six-month probationary period.

The Best Time for a New York Driver to Take a Defense Driving Course

If you are a New York driver that is paying car insurance, it is a good idea to take a defensive driving course. In general, you are entitled to a discount on your insurance rates upon completion of a defensive driving course.

VTL 509-1-a, CDL Driver Without Proper Endorsements

For all commercial motor vehicles, there will be specific endorsement that reflects the type of person allowed to operate it, or the cargo being transported.

VTL 509-3 “Operating in Violation of Restrictions”

Operating a motor vehicle in a manner that is not in compliance with a specific restriction is a traffic violation.

VTL 509 (4) “Permitting Unlicensed Operation”

If you are the holder of a license with specific endorsements or restrictions, it is a violation to allow someone else to drive your specific vehicle

VTL 509-5 “Holding More Than One New York State License”

This statute concerns holding more than one active New York State Driver’s License.

Key Takeaways from NHTSA Radar Manual: Cosine Effect

Radar devices will only measure the exact speed of a target vehicle when it is traveling directly at or straight from the radar device.

VTL 1144-a-d, Failure To Move Over for Vehicle Parked on Shoulder

VTL 1144-a-d requires motorists to move over for any vehicle parked on the side of the highway

Speedy Trial Rights for Traffic Tickets

For a traffic ticket, a prosecutor has to be ready for trial within 30 days of the commencement of the case.

Analyzing a Traffic Ticket

For any traffic ticket to proceed, the ticket must meet a certain standard of facial sufficiency, or it may be dismissed.

VTL 1111(a)1 Failed to yield right of way/green light

This VTL means you likely did not yield to oncoming traffic when making a turn at an intersection.

VTL 1113-a, Passed Flashing Red Light

Basically, a flashing red-light is to be treated like a stop sign

VTL § 1120-(b) “Failed to keep right (Slow Moving Vehicle)”

Vehicle & Traffic Law § 1120-(b) is a rarely issued traffic ticket

VTL § 1121 “Failed to Yield one Half of Roadway”

VTL 1121 can be issued when a motorist was driving in the opposite lane of traffic

VTL § 1125(a)1 - Drove to Left at Hillcrest/Curve

VTL 1125(a)1 puts requirements on motorists to stay away from the left-hand lane when a curve or a hill limits the driver’s view

VTL § 1125(a)2 “Drove to Left on Railroad Crossing”

The violation relates to the general requirement that with multiple lanes in one direction motorists keep to the right

VTL § 1129(c) “Failed to Leave Sufficient Space (Caravan/Motorcade)”

VTL § 1129(c) concerns the appropriate conduct of cars in a motorcade

VTL § 1142(b), “Failed to Yield Right of way at Yield Sign”

VTL 1142(b) concerns the proper conduct of motorists at a yield sign

VTL § 1146(a) “Failed to use due Care for Bike/Pedestrian or Animal”

VTL 1146(a) is a violation about not exercising “due care” around pedestrians, cyclists, or farm animals.

VTL § 1146(c), “Causes Serious Physical Injury by Failing to use due Care”

VTL 1146(c) concerns incidents where the failure to exercise due care resulted in a serious physical injury

VTL § 1163(d), “Improper/No Signal” or “FLD SIGNAL LANE CHG”

The failure to signal when changing lanes can result in a 1163d ticket

Vehicle & Traffic Law 1166(c), “Improper left turn (One-Way Roadway)”

VTL 1166-c concerns making a left turn from a one-way street to a driveway

Genesee County Court Vacates Coerced Guilty Plea in Pavilion Town Court

After the court accepted the guilty plea and imposed fine, the attorney for Mr. Singh filed an appeal in the Genesee County Court