Ticket Defense Law Blog

Recently, a man on a motorcycle was clocked going 170 miles per hour on the New York State Thruway.

After being pulled over for speeding, he was anything but respectful to the officer.

The officer proceeded to explain to him just how fast he was going, but the driver did not want to hear it.

According to the trooper who pulled him over, the driver responded that his motorcycle could easily have topped 190 miles per hour.

The driver, who was 25, was first found heading south on the Thruway around 1:00 p.m. in Ravena, NY.

A trooper saw the driver’s excessive speed, which at that point was 166 miles per hour, and took note of the license plate number of the Suzuki motorcycle.

However, after the driver began to increase his speed, the trooper did not pursue him. Instead, he radioed a description of the driver and his motorcycle over the air.

Eventually, the driver was clocked again by other troopers in different locations going between 150 and 170 miles per hour.

About twenty minutes later, in New Paltz, NY, troopers were finally able to stop the man when he was forced to slow down in traffic.

During the stop, he claimed to have been low on gas and was bragging about the speed that his motorcycle could have been traveling at.

The driver was arrested and charged with speeding, reckless driving, operating out of class due to no having a motorcycle license, and fleeing police.

Currently, he is being held on $20,000 bail in the Albany County Correctional Facility. His fine and potential for jail time will be determined at his arraignment.

Remember, if you are ever pulled over and given a NY speeding ticket, be sure to learn from the mistakes made by this driver and never act foolishly or arrogantly in front of the police.

Speeding in NY

Many drivers get traffic tickets, but most of them have no idea what to do in order to prepare for their traffic court appearance or what to do when they show up.

To make matters worse, there are tons of people willing to give unsolicited and unsubstantiated “advice” that only serves to hurt most drivers.

To help clear up some of the misinformation circulating around the Internet, and to provide you with a lawyer’s perspective on the issue, we have constructed a list of the top 10 things you need to know before you go to traffic court.

1. Dress Appropriately

You wouldn’t go on a date in your gym clothes, so don’t show up to court in them either. Many drivers fail to understand just how important it is to dress nicely to court.

They think that dressing up is the job of the lawyer, so they can get away with wearing a t-shirt and jeans. This couldn’t be further from the truth.

Whether we like it or not, our clothing makes an impression on prosecutors and judges. It can subtly say, “Hey, I took the time to put on a tie because this matters to me.” On the contrary, it can scream out, “Let’s get this over with already! I am too busy to take this seriously!”

We have found that a well-dressed driver will be taken more seriously when presenting his case, whether before a prosecutor in order to try to get a favorable plea bargain or to a judge if pleading not guilty.

Although a suit is certainly not necessary, it is highly advised that you dress in business casual attire. Trust us on this one.

2. Be Respectful

It is extremely important to be cordial and respectful to everyone you encounter in the courthouse. This applies to everyone you meet, not just the judge and prosecutor.

Whether you are checking in with a receptionist or speaking with the security officer by the metal detector, make sure to talk only with the utmost respect.

Besides the fact that this is simply good manners, it actually could impact the outcome of your case.

Remember, municipal courthouses are not that large. Only a few staff members, prosecutors, judges, security officers, and receptionists work there. As a result, they generally will all interact with one another on a regular basis and share stories about their day.

This means that there is a high likelihood that anything disrespectful that you say or do will bounce around the courthouse without you even knowing it. It might even make its way to the judge.

The last thing you want is to make a bad first impression before you even approach the counsel table. Therefore, err on the side of caution and be respectful to everyone.

It also goes without saying that you should never be gruff, argumentative, or nasty to a prosecutor (since you are asking him to do you a favor that is not required) or a judge (since you are implicitly asking him to side with you over an officer of the law).

3. Be Prepared

To put it bluntly, being unprepared will kill your chances of getting a favorable plea bargain and winning your case.

You have to be able to explain your side of the story in a clear and concise fashion. Remember, this is not the time to point the blame or pretend that you are on the debate team.

After waiting on a very long line, a prosecutor will give you literally three minutes of his time. They have a knack for picking out those who are lying, making excuses, and just plain unprepared.

However, they also have a keen ability to pick out those who know what they are talking about, can concisely articulate a cogent point, and brought their “A” game.

Usually, instead of dealing with the latter group of people at trial, the prosecutor will cut them a deal. Make sure you are in this category.

In the event you do not get a favorably plea, you must be ready to make a case in front of a judge. This is not the time to make a “You Can’t Handle the Truth” style speech. Any judge will see right through you.

Calmly and succinctly explain your side of the story, but never argue. Lastly, be sure to stop speaking if the judge cuts you off.

4. Show Up Early

The biggest complaint that we hear from drivers is that they had to wait in an extremely long line. Some say they waited all day and missed work.

However, the dirty little secret that most drivers don’t seem to know is that showing up early may even secure you a spot ahead of an attorney.

We all know that attorneys get to cut the line, but if you are earlier than the attorneys, you will be the first one the prosecutor hears.

Aside from being able to avoid the long wait, you will get an opportunity to talk with the prosecutor straight out of the gate and before his patience has worn thin.

This sometimes translates into a favorable plea bargain when you, under different circumstances, would not have gotten a plea at all.

5. Be Honest

If you try to pull a fast one in traffic court, you will not get very far. Judges are trained to see through liars and will ask questions that even the best hustler couldn’t answer.

Thus, it is always best to be honest, truthful, and straightforward. Sometimes what we think is detrimental actually turns out to be harmless.

Do yourself a favor, stop shooting yourself in the foot and just tell the truth.

6. Expect the Unexpected

Sometimes your traffic court date will inexplicably be changed, the room that you are supposed to show up doesn’t seem to exist, or you are first in line and then five attorneys cut you.

No matter what happens, keep cool and try to expect the unexpected.

Doing anything else will cause you unnecessary stress that will not allow you to focus on the task at hand: beating your traffic ticket.

7. Listen to Other Cases

Instead of calling Aunt Sally or playing Angry Birds on your cell phone, listen up.

Hearing other cases that come before yours will allow you to do a number of things to help improve your chance of success.

First, it allows you to get a feel for the judge’s personality. Is he more sympathetic to certain arguments? Is he relaxed, reserved, surly? Knowing this ahead of time will be able to save you the hassle of finding out when it’s too late.

Second, it allows you to see what the process is like, which is invaluable for decreasing your nervousness.

8. Turn Off Your Cell Phone

Although this should be a no-brainer, you might be surprised. In this high-paced, digitally connected world, certain people might as well glue their phones to their ears!

Make sure not to be one of these individuals. Not only is it rude to the other people around you in the courthouse, but they are also prohibited in the courtroom.

Unplug. It will do you and others a world of good.

9. Call the Judge “Your Honor”

Although it might not seem like it, this is a formal proceeding where a judge, who deserves our respect, is presiding over your case.

Do not say “Mr.” or “Mrs.” Make sure to say “Your Honor.” Not only is this more respectful, but it also makes you sound more eloquent.

10. Hire a Lawyer

We can’t stress this enough: don’t try to be a hero. The old saying goes, “The person that represents himself has a fool for a client.” Traffic court cases can get very complicated, and it is best to hire a well-trained traffic ticket attorney who can help you every step of the way.

The price of an traffic ticket attorney is well worth not having points on your license or having to deal with the fallout of car insurance hikes.

The United States Supreme Court recently ruled that police officers can strip-search individuals who are arrested for any offense, regardless of how minor, before admitting them to prisons.

This ruling applies even if the officer does not have any reason to suspect that the arrested person possessed contraband.

This truly unprecedented decision directly affects you in more ways than you think, even when it comes to New York traffic violations.

Not too long ago, the Supreme Court held in Atwater v. Lago Vista that failing to wear a seat belt was an arrestable offense.

In that case, the Court explained that even minor criminal offenses are crimes that police officers can arrest you for.

If you put both of these cases together, you get a striking result.

Imagine, there you are driving down the New York Thruway without your seat belt on (or perhaps with a broken tail light that you did not know about). A police officer sees you, pulls you over, and arrests you for this minor infraction.

Then, he puts you in the back of his patrol car and takes you down to the local police station where you are forced to undergo a strip-search before you are introduced to the prison population. Although hard to believe, this is now legal.

Supporters of the Court’s ruling are lauding this new tool for apprehending criminals who truly are dangerous. After all, they may be carrying weapons that can be utterly harmful. Also, they argue, police officers can be trusted not to abuse this new power and to use it with the utmost discretion.

Opponents of the outcome are shocked and outraged by what they call the sweeping nature of the ruling. They claim that this power should be limited to those who are known to be dangerous or where the officer has reasonable suspicion that contraband or a weapon might be found.

Ultimately, regardless of whether one agrees or disagrees with the Court’s decision, it is now the law of the land.

As such, make sure to drive extremely carefully and avoid doing anything that may be considered criminal. The last thing you want is to have to be arrested and then strip-searched for something as minor as a New York traffic offense.

Strip-Searches for NY Traffic Violations

In Adam H. Rosenblum’s new e-book, How to Fight a New York Cell Phone Ticket, he explains everything from proper procedure for responding to a NY cell phone ticket to making the right arguments on the day of your court appearance.

You can download a free copy of Adam’s e-book How To Fight A New York Cell Phone Ticket by liking his facebook page, or you can buy it on amazon.com.

The book lays out the history of New York’s cell phone law along with insights about up and coming changes to it that all drivers should be aware of.

For example, Mr. Rosenblum reveals that the United States and the state of New York have proposed banning the use of all electronic devices while driving. This would include the hands-free devices that we have all come to rely on (like Bluetooth headsets).

He also details what it really means to “use” an electronic device while driving, what never to tell a police officer when pulled over, and what to do in the event you lose your ticket or forgot where to go for your court appearance.

Moreover, Mr. Rosenblum’s e-book will help you better understand how to conduct yourself if you choose to take your case to trial on your own. He tells the reader how to properly address the court, what supporting documents to bring, and how to make persuasive arguments that generally help a judge rule in your favor.

The e-book is being offered completely free of charge and is available for the Kindle, iPhone, Nook, and in .PDF format.

Mr. Rosenblum’s primary area of practice involves fighting traffic tickets, but he also has a great deal of experience defending individuals who have been charged with crimes, representing those who have been personally injured in accidents, and handling denials of disability benefits.

Whether you need a good criminal defense attorney, personal injury lawyer, or an advocate to help get you out of a NY traffic ticket, Adam H. Rosenblum of The Rosenblum Law Firm is the first person you should turn to. Call him today at 888-815-3649.

Cell Phone Ticket in NY

Most people rely on their automobile to get to work everyday. However, if you are a holder of a commercial driver’s license (CDL) and drive a truck for work, your livelihood depends on your CDL.

Since CDL drivers are usually driving large, heavy trucks, New York traffic law holds them to a much stricter standard than regular drivers when facing DUI or DWI traffic violations.

In New York, when you have a driver’s license, you automatically give consent to be tested by a law enforcement officer for drugs or alcohol through a breathalyzer or blood test. Refusal to do the BAC test results in revocation of your driver’s license for one year and a substantial fine.

Difference in Blood Alcohol Content (BAC) Levels:

According to New York law, the BAC limit for drivers over 21 is .08. However, for commercial drivers, the BAC limit is .04%.

Difference in Penalties Between Regular and CDL Drivers for DUI/DWI:

If you are the holder of a regular NY driver’s license, your first offense of a BAC of .08% or more is a misdemeanor. It may result in jail time of up to one year and a fine of $500 – $1,000. In addition to points on your driver’s license, your driving privileges will be revoked for six months. Depending on the circumstances, you may be eligible to drive using the Restricted Use or Conditional License.

If you are a holder of a CDL and you are convicted for DWI and having a BAC higher than .04% for the first offense, you may have your driving privileges revoked for one year in addition to the criminal penalties faced by other drivers. If your BAC is lower than .04%, you will be issued an “out-of-service order” for 24 hours. If you are a CDL driver transporting hazardous materials and your BAC is higher than .04%, then your license will be revoked for three years.

A motorist with a regular New York driver’s license that is convicted of a second offense of BAC .08% or more faces a Class E Felony which carries a prison sentence of up to four years and/or a $1,000-$5,000 fine. In addition, points will be added to the driving record, and your driving privileges will be revoked for one year. You may be eligible to apply for a restricted use license and you may have to do community service for 30 days.

A third offense of BAC .08% or more for a holder of a regular license is a Class D Felony that carries a prison term of up to seven years and a $2,000-$10,000 fine. In addition, the driver faces license revocation for one year.

For a holder of a CDL, a second DWI offense results in permanent revocation of his driving privileges in addition to fines and possible imprisonment.

Generally, the penalties for CDL drivers are more severe than for regular license holders. If you are convicted of two “serious traffic violations” involving a commercial vehicle within three years, you will lose your CDL for 60 days. If you are convicted of three “serious traffic violations” in three years, then you lose your CDL for 120 days. The convictions of the “serious traffic offenses must not arise from the same incident.

Your CDL will be revoked for a minimum of one year if the driver commits a major traffic offense (MTO).  Here is a list of possible MTOs:

• Leaving the scene of an accident.
• Refusal to submit to a breathalyzer test.
• Conviction of driving while impaired because of alcohol or drugs.
• Felony conviction involving the use of an auto or truck.

A DWI/DUI charge is very serious. When you are the holder of a CDL, the seriousness of the charges is multiplied. If you drive a truck and you have been charged with DUI or DWI, you should call The Rosenblum Law Firm immediately. Handling DWI cases is one of our specialties. Email or call 888-883-5529 to speak to a New York CDL traffic attorney.

DWI Charges More Serious for CDL Drivers