Ticket Defense Law Blog

Last month, Steven Rivera, a 25-year-old Ossining, New York resident was arrested for his participation in a fatal drag racing accident on June 26, 2011.

Reportedly, Rivera and his friend Travis Clark were racing on Interstate 287 in Yonkers.  While reaching speeds over 100 mph, Clark lost control of his car and slammed into a signpost, ripping it out of the pavement.  Clark and a passenger in his car, Jillisa McCarthy, were killed.

Initially, Rivera claimed he was simply a witness to the accident disavowing any involvement in the deadly crash.  Now, he is facing three misdemeanors: Unauthorized Speed Contest (New York Vehicle and Traffic Law 1182), Reckless Endangerment and Falsely Reporting an Incident.

New York Vehicle and Traffic Law (VTL) 1182 makes it illegal to stage races, exhibitions or contests of speed or to participate or aid in any speed contest of motor vehicles.  The law includes simple exhibitions of speed even if it is not a race.

The text of the law follows:

Speed  contests  and races.   1. Except as provided in section

eleven hundred eighty-two-a of this article or section  sixteen  hundred

thirty,  sixteen  hundred  forty,  sixteen  hundred forty-two or sixteen

hundred sixty of this chapter, no  races,  exhibitions  or  contests  of

speed  shall be held and no person shall engage in or aid or abet in any

motor vehicle or other  speed  contest  or  exhibition  of  speed  on  a

highway.  Such  event, if held, shall be fully and efficiently patrolled

for the entire distance over which such race, exhibition or contest  for

speed  is  to  be held. Participants in a race, exhibition or contest of

speed are exempted from  compliance  with  any  traffic  laws  otherwise

applicable  thereto,  but shall exercise reasonable care.

To fully grasp the details of what is considered a speeding contest, it is advisable to contact a New York traffic attorney such as Adam Rosenblum.

Violation of New York VTL 1182 is a misdemeanor and/or may be punishable by a maximum 30 days in jail and a fine of up to $525.  A second conviction in 12 months is punishable by up to 60 days in jail and/or a maximum fine of $750.

In addition, the New York State Senate recently passed a bill designed to enact tougher penalties for reckless driving and create a new crime called Aggravated Reckless Driving.  Sponsored by Senator Charles J. Fuschillo, Jr., the new legislation would include travelling 30+ mph above the speed limit while racing another vehicle as Aggravated Reckless Driving.  Under the recently passed bill, Aggravated Reckless Driving would be a Class E felony.

If you have been charged with New York VTL 1182 or any other NY traffic violation, call The Rosenblum Law Firm.  Our team of experienced and aggressive New York traffic lawyers can help you.  Email or call 888-883-5529 for a free consultation.

VTL 1182 racing in New York

Michelle and Jordan’s Law Stiffens the Penalties for High Speed Drag Racing

The New York State Senate recently passed “Michelle and Jordan’s Law”, which is legislation to stiffen penalties for unlawful high-speed drag racing.  The legislation is in response to recent tragic automobile crashes involving suspected drag racing at high speeds.

Senator Andrew Lanza, the bill’s sponsor, says that automobiles driven by reckless drivers become deadly weapons.  “This bill will protect and save the lives of our young drivers, their friends and the innocent bystanders who are often harmed or even killed by unlawful high-speed car racing,” declares Lanza.

In 2008, five-year old Jordan McLean of Queens was riding in a car driven by her Aunt Claris Edwards.  Travelling on 109^th Avenue in Queens, a drag racing hot spot, Edwards was confronted with two cars racing at her.  Their car was struck by one of the suspected drag racers and Jordan was thrown from the car and died.  The suspected drag racers fled the scene.

A year earlier, 17-year old Michelle Arout was in the backseat of a Honda Accord being driven by friends.  They entered into a race with other friends driving a Ford Mustang.  Reaching speeds of 95mph, the driver of Michelle’s car lost control, slammed into the Ford Mustang and then smashed into a metal post.  Michelle was ejected from the car and died.

Michelle and Jordan’s Law would make high-speed racing a misdemeanor with a maximum sentence of 30 days in jail.  A second offense would be a class E felony with a maximum sentence of one year and one day in prison.  On a second offense, a $750 fine may be levied.

Studies have shown that the faster a vehicle is travelling, the less time the driver has to react to a hazard.  This drastically increases the likelihood and severity of a crash.

The Senate passed the bill 59-0; it now heads to the New York State Assembly.

If you have been issued a NY traffic ticket or a New York Speeding Ticket, email or call the Rosenblum Law Firm today.  Our team of experienced attorneys are available to assist you.