Traffic Law

New York State DWI Chemical Test Refusal

November 18, 2016 | The Claro Law Firm

get together You are at a social event and the night lasts longer than you planned. Although you have been drinking, you feel fine and decide to drive home. A block from home you see bright colored flashing lights in your rear view mirror and your stomach feels like you are in a free fall as you realize that you are being stopped by a police officer. You fear the worst as you pull the car to the side of the road. The officer asks you if you have been drinking. Of course you deny it, but he asks you to perform a field sobriety test anyway. Then it happens. He arrests you for Driving While Intoxicated. The officer reads you something about the consequences of refusing to submit to a chemical test and then he asks you to take one. To submit or not to submit is the big question. But, with no one there to help you or tell you what to do, you refuse. What happens now?

This scenario frequently happens. Everyday motorists are issued DWI in Yonkers and White Plains and counties throughout New York State, including Westchester County. The real question, however, is what happens next?

DWI Criminal Charge And Department Of Motor Vehicles Hearing

New York City to Add 75 Miles of New Bike Lanes, Increasing Right of Way Traffic Tickets

November 4, 2016 | The Claro Law Firm

bike lane sign In September 13, 2016, Mayor of New York City Bill de Blasio and the Department of Transportation unveiled a plan to add 75 miles of bike lanes to NYC streets. Extending among the five boroughs, 18 miles of these new bike lanes will be fully protected. This initiative is part of the Vision Zero plan, which will likely be completed at the end of the year.

Once completed, the plan will result in the installation of more miles of exclusive-use bike lanes than in any preceding year. In preparation for these new lanes, the Department of Transportation has provided a document showing where they will be located. Some areas of particular interest for NYC motorists include Queens Boulevard between Eliot Street and 74th Street, Jay Street between Fulton Street and Sands Street, and Amsterdam Avenue between West 110th Street and West 72nd Street.

Imprisonment for Passing A Stopped School Bus in New York?

October 21, 2016 | The Claro Law Firm

stopped school-bus

Passing A Stopped School Bus in New York, also known as New York Vehicle and Traffic Law section 1174 (“VTL § 1174”), is one of the more serious violations a driver can be accused of and it can have hefty consequences if not handled correctly.

The elements to this violation are found in VTL §§ 375(20) and 1174 and must be proven by the People before a driver be convicted of this violation.

Passing A Stopped School Bus is among the more serious VTL violations because of its potential consequences. No only does this violation assess 5 points to the driving history of a New York State motorist who is convicted, but the fines are hefty. Depending on the number of previous Passing A Stopped School Bus convictions a motorist has, the fine assessed by a judge can range from $250 to $1,000. Or, at the Judge’s discretion, he or she may sentence the driver to imprisonment as part of the sentence. Imprisonment can range from up to 30 days to 180 days. Additionally, a driver may possibly face a license suspension. Conviction of VTL § 1174 can also trigger an automobile insurance increase that can cost thousands of dollars over a period of years. If that is not enough, the DMV can assess a fine to a driver which starts at $300.00. To sum up, being convicted of, or pleading guilty to Passing A Stopped School Bus can mean huge fines assessed by the court, possible imprisonment, thousands of dollars in automobile insurance increases, license suspension and a DMV assessment.