Articles Posted in Traffic Law

Antonio always left too late for work.  His job was exactly 12 minutes away on a good day. He knew this because he had timed the commute.  His shift started in 10 minutes and he frantically sped towards the Ritz Carlton in White Plains, NY. Two blocks from work he encountered stopped cars. He angrily muttered, “Why are they stopped?!” He made the split-second decision to pass them in the left turn lane. What he did not know or see, but soon realized, was that the cars had stopped for a stopped school bus.  Had the children been any closer to the middle of the street, he would have plowed through the group of them. Many years have passed since this incident, but a sick feeling always overwhelms Antonio when he recalls how he could have killed those children.

As another school year is scheduled to begin, it is important to refresh our memory of the traffic law regarding school buses.  These laws keep our children safe as they travel to and from school.  Keep in mind that most injuries and deaths occur when children are crossing the street after exiting the bus. Please slow down until you have passed them.  Violations of traffic laws regarding school buses carry a steep penalty.  A conviction for failing to stop for a school bus carries a 5-point penalty, maximum fine of $1,000 after a third offense in three years, and your driver license will be revoked for a minimum of 6 months after a third offense in three years.  Additionally, the Driver Responsibility Assessment fine is charged when convicted of 6 points or more within an 18-month period. 

What then are the traffic laws regarding stopped school buses, and what vehicles are considered school buses?  A school bus is painted yellow-orange, has red lights on top, and a “SCHOOL BUS” sign.  Included under the protection of school bus traffic laws are vehicles that transport disabled persons. On all roadways in New York State, when a stopped school bus flashes its red lights, traffic that approaches from either direction, even if it is on the opposite side of a divided highway, must stop at least 20 feet away from the bus. This applies even in front of the school and in school parking lots. When the red lights stop flashing or when the bus driver or a traffic officer signals that you can begin driving again. 

A vacation was just what Liza Peeza needed after finishing her first semester at PACE University in Manhattan, New York.  Her ambition in life had always been to become a lawyer.  The reality of long days of school, studying, and temporary jobs had taken their toll.  Liza met her sister AJ and they were headed for home. A road trip with her sister would be nice, but the drive to California would be a killer — over 1,000 miles. As Liza roared through the open road, her hair blew in the wind and she smiled at the fact that home was just 50 miles away. Oh, home sweet home! Flashing lights and a blaring police siren jolted Liza from daydreaming of home. This could not be happening! Noooooooo! Liza was being pulled over for speeding – allegedly going 75 mph in a 55-mph zone.  How would this out of state ticket affect Liza’s NYS driving record?

Liza worried about the ticket on her spotless driving record.  Her worries were soon put to rest when she learned that virtually all out of state traffic convictions do not add violation points to your New York State driving record.  The exception to this is traffic offenses committed in Ontario and Quebec in Canada. 

She was even more delighted to learn that New York State will not suspend a person’s driver license if he or she fails to answer a California traffic violation (scoff). In fact, California is one of six states in which a NYS drivers license will not be suspended for failing answer a traffic violation.  The other states are Alaska, Michigan, Montana, Oregon, and Wisconsin.  In all other states, your New York State driving privileges will be suspended until you submit proof to the NYS DMV that you have resolved your outstanding ticket. 

That morning had just been bad from the moment Liza Jane opened her eyes, awakened by the sound of her cell phone being hurled off the dresser by Toby, the cat. A slight headache from the stressful day she had yesterday still lingered. The silver lining of Toby waking her up was she forgot to set her alarm, and now had 45 minutes to get to her super important appointment in Mt Vernon, NY. Thankfully the roads were not slick this morning, but the other drivers were so slow!!! With teeth clenched, Liza Jane sped and weaved in and out of traffic. A mile from her destination, Liza Jane rear-ended grandma Emily. Witnesses later told police about her aggressive driving.

What does New York State define aggressive driving as? How does it differ from road rage?  Aggressive driving may include speeding, tailgating, frequently changing lanes while not using your signals, passing on the shoulder of the road, running stop signs, and/or red lights, passing a stopped school bus, and being a nuisance to others who are in a vehicle, on a bicycle, or on foot.

Road rage, however, is an escalation of aggressive driving. Road rage incites a driver to either attempt, or to actually cause damage, to another driver. A driver acting out of road rage also makes others fearful by his or her angry hostile behavior. The two can also be thought of this way: aggressive driving generally involves a traffic safety law violation; whereas, road rage usually involves criminal actions or attempts of violent behavior.

The Unsuspecting Victim. Marie knew it was personal, that officer always stared her down when she dropped her kids off at the elementary school. Officer Smith had always held a grudge against her husband for losing the baseball championship game in junior college. And that morning had been one of those mornings when your ask yourself, “What else can go wrong?” So, when Officer Smith ticketed Marie for a cell phone and child safety restraint violation, it was no surprise. Giovanni seemed to be a natural born thrill seeker and it was no surprise that he once again got out of his car seat and wave happily to Officer Smith.

What was a surprise was the bill that came from the DMV after all Marie’s fines had been paid. Marie felt her face turning a shade of reddish purple as she read the words “Driver Responsibility Assessment” and “three-year penalty”. WHAT? WHY? Before her incident with Officer Smith, she was very prideful of her perfect driving record and often boasted about it.

The DMV Driver Responsibility Assessment. What is a Driver Responsibility Assessment and when does a driver get charged this fee? There are three instances where this fine is charged. First, a driver assessment fee can be earned by a traffic-related alcohol conviction. Likewise another way to wrack up a DMV assessment is by a traffic-related drug conviction; and the last way to activate a Driver Responsibility Assessment is by accruing to your driving record 11 points within an 18-month period. 

As the New York State Trooper’s bright flashing lights shone through Daniels back window, he felt his heart pound and a wave of nausea. By the time the officer got to his window, his face was covered in a cold sweat. The day had started off bad, and had progressed to worse. It was one of those days he should have cancelled all appointments and stayed in bed. But, sometimes being home and tending to its responsibilities was worse than dealing with clients. It was the call from home that had caused him to speed. He normally was so cautious about speed limits, but when he saw an opening to pass the car that had him boxed in on 1-87 just north of Yonkers, NY, he hit the gas in his 580 horse power twin turbo engine sports car and flew past the other car.  

He heard the officer, but it sounded like background noise because he was too upset to focus. Forty miles over the speed limit is what the officer clocked him at when he passed that old timer on the interstate near Greenburgh, New York. Daniel could imagine the problems the ticket would raise at home. Plus, this would be an expensive fine.

A ticket for going forty miles plus over the speed limit will accrue eleven points on your driving record if found guilty or you plead guilty. One possible penalty is suspension of your driver’s license. And that is not to mention the increase in your insurance, which can cost thousands of dollars over the course of years. Although taking a DMV approved Point and Insurance Reduction Program (PIRP) course can mitigate four points that have accrued for suspension purposes. The points however, do not literally come off your driving record. Moreover, the NY DMV charges a driver a responsibility assessment fee for various infractions. One such infraction is accruing 6 points or more in an 18-month period. The fee is charged over a period of years, and its total ranges from $300 to $750. BUT, just because you accrue 11 points in an 18-month period, does not mean you have to lose your license. What you need is to hire the right attorney to handle your case.

The following is a true story:

At 8:33a on April 25^th 2014, Courtney Ann Stanford posted on Facebook: “The happy song makes me HAPPY!”  Friends and family also state she was posting selfies.

This would be Courtney’s last post, and last feeling she expressed.  At 8:34a, one minute after her last FB post, the 32-year-old crossed the median on Business 85 in High Point, NC. She drove head-on into oncoming traffic and collided with a truck. Courtney did not survive the accident. Sadly, her story ended in a human life taken so early because of distracted driving. Courtney’s story is more common than it should be.

It happens more often than you think. If it has not happened to you, you probably know someone who it has happened to:

Monique works in Hastings-on-the-Hudson, New York. After a long day at work, she is driving home to Mt. Vernon, NY. Monique is a good driver and has never received a traffic ticket. Driving south on the Saw Mill River Parkway, Monique quickly checks her rearview mirror. Her eyes dart back to the parkway just in time to see the Honda Civic in front of her at a dead stop. Unable to stop in time, she barrels into the rear of the Honda with a deafening “BANG!” After the initial shock of the collision she looks for the other driver and his passengers. Thankfully neither she nor the driver or passengers in the Honda are seriously injured. The Yonkers police are called and the officer issues Monique a traffic ticket for following too closely (VTL § 1129-a). Not fair! The officer was not there when the accident happened. Can he issue Monique a ticket for a traffic infraction he did not witness?

These are excellent questions and why you should consult a knowledgeable traffic ticket lawyer if you received a traffic violation from a police officer who did not witness the alleged incident. At The Claro Law Firm, we will fight your ticket and fill you in on your rights, which can be the difference of having your ticket dismissed or accruing points to your driving history. The traffic ticket attorneys at The Claro Law Firm know what law firms who do not concentrate in traffic law do not know: a police officer cannot write a motorist a traffic ticket for a violation that was committed outside his presence. The law says that in order for an officer to have authority to issue a motorist a traffic ticket, the violation must have been committed in the officer’s presence. Even so, police officers often write tickets for following too closely or for an unsafe lane change (VTL § 1128-a) after they are called to the scene of an accident. However, if the offense you are charge with was not committed in the police officer’s presence, this can be a basis for having your traffic ticket dismissed. The questions, however, remains: “Is this the best way to handle my ticket?”

Traffic tickets are unexpected and can be confusing, and like mosquitos, they can be annoying. They can blemish a clean driving record or be the nail in the coffin for a driver with points on his driver’s license. The looming question every driver asks who has received a traffic infraction or traffic violation is, how do I make a traffic ticket go away?

The truth is, every rarely will a traffic offense “go away,” but there are different ways to handle a traffic violation. Some ways involve going to court and others avoid court altogether. The ways to resolve a traffic ticket in New York State are:

• To plead guilty

Excitedly, Esther walks to her mailbox eager to get her new cell phone case she ordered from Amazon. Flipping through her mail, she sees a letter from the New York State Department of Motor vehicles (DMV). Curious to see what the letter says, she drops everything and rips it open. WHAT?! A Notice of Driver’s License Suspension? How can this be? Quickly she thinks, I have only gotten two tickets, one New Rochelle NY Speeding ticket and one Cell Phone ticket in Bedford NY. What now?

You may have heard people say that after a certain amount of time points come off, or fall off your driver license. This is not true. The reality is that points stay on your license, or driving history FOREVER. Yep, once accrued, those bad boys are there to stay as a big ugly smudge on your pristine driving abstract.

Points accrue to your driving record through traffic violations. Each traffic violation, or traffic ticket, if you will, has points assigned to it. The New York State DMV is responsible for assessing points to the violation and is referred to as the NY Driver Violation Point System. It gives the NYS DMV a way to identify and take action against high-risk drivers.

It was not your lucky day. You were in Yonkers, New York driving on I-87 southbound to the Bronx, NY to eat at your favorite Spanish restaurant when you got pulled over by a police officer. Even though you were very nice and respectful to the officer, he gave you not one, but TWO tickets – a speeding ticket and a not wearing a seat belt ticket! To make matters worse, hiring a traffic ticket attorney to fight your speeding and no seatbelt ticket is not within your budget. You have to handle the tickets in court yourself. Before going to court, you did a quick Google search and found out that your speeding ticket carries 4 points and the no seat belt ticket carries 0 points. During your plea bargain or negotiation with the police officer, he tells you that he wants to help you out because you have a clean driving record. He says that if you plead guilty to the not wearing a seat belt ticket he will recommend the judge dismiss your speeding ticket. All you have to do is say yes and you will go from 4 points to 0 points. This is a fantastic deal! Or is it? Every day drivers are faced with the decision to plead guilt to a New York State no seat belt ticket. The million dollar, and outcome determinative question is “How much is a ticket for no seat belt in New York?” 

A No Seat Belt Ticket in New York Cost How Much?!

The simple answer is “Thousands of dollars.” Yep, you read that correctly. Pleading guilty to a New York State Vehicle and Traffic Law Section 1229 (VTL § 1129) No Seat Belt – Driver ticket can cost you thousands of dollars. True, the ticket itself carries no points, but what most drivers fail to realize is that a no seat belt ticket will trigger an auto insurance increase. Car insurance companies are based on an Insurance Demerit Point or Merit Rating Plan and convictions of certain NYS VTL infractions and violations means an auto insurance surcharge. Each insurance company determines the amount of the car insurance increase and the increase can be for a period of years.