Operation Hang Up - Part 2: April 23-29, 2012

Last November, New York's Governor's Traffic Safety Committee initiated "Operation Hang Up", a campaign targeting motorists operating a cell phone or other mobile device while driving. Over the Thanksgiving weekend 2011, over 800 tickets were issued for distracted driving and the traffic violation was promoted to a 3 point violation (previously 2 points). This week, beginning Monday April 23 through Sunday 29, 2012, NY State Troopers will be enforcing Part 2 of Operation Hang Up as Governor Cuomo tries to send the message about the dangers of distracted driving:

Operation Hang Up is designed to send a strong message to motorists across New York State that driving and using a hand-held device simply do not mix. We hear too many heartbreaking stories about how distracted driving leads to tragic consequences, and we must do everything in our power to ensure more lives are not unnecessarily lost because someone took their eyes off the road to use a phone. 

governor.ny.gov/press/042412operationhangup 

The National Highway Traffic Safety Administration attributed more than 3,000 deaths nationwide last year to distracted driving. This year alone, over 65,000 tickets have been issued in New York state for distracted driving which is now a primary offense. This means you can be pulled over for distracted driving alone whereas, last year, you could be ticketed for distracted driving but only if you were pulled over for speeding or another violation in the first place.

We always hope you are careful and considerate while driving, but we expect many, many calls in the next few weeks for driver's seeking representation in the most active regions. You can view total numbers of tickets issued by county on the Governor's website. You'll see that Albany and New York are among the worst offenders.

If you get a ticket for distracted driving anywhere in the Upstate area or Hudson Valley this weekend, please give us a call for assistance. (518) 465-2211.

CA Professor Beats Traffic Ticket With Math

This story has gotten a lot of buzz lately, especially after being featured on Yahoo's home page. If you haven't already read about it, it's a fun story about a University of California Physics professor using mathematical equations to dispute the validity of the stop sign ticket he received. The paper is available on the Cornell University Libary website if, for some reason, you want to take a look. But don't count on using this as a template for the next time you get a speeding ticket or other VTL citation. Remember, that there is no excuse for exceeding the speed limit in New York state unless you are in an authorized emergency vehicle with the appropriate lights.

If you feel you were ticketed falsely and have proof, you can go to the court on your scheduled pretrial or trial date to face your accuser and/or the prosecuting attorney. Remember,  however, that the town, city, or village where you will answer your ticket rely on local law enforcement and State Troopers to protect the citizens of their jurisdictions and uphold the law. They generally trust their judgment and integrity.  So, if it's possible that you really are guilty, the best way to approach your case may be to seek a plea bargain reduction. Most courts in New York state are willing to grant consideration to good drivers who seek a reduction. This can be an easy way to save a lot of time, money, and stress.  If you come to fight and question the integrity or character of local law enforcement, they will be ready to affirm the accuracy of the traffic stop and attest to the level of their expertise and experience. Looking for a fight when you really were breaking the law, regardless of the reason, is usually not a good idea.

If you need an experienced trial lawyer for a traffic ticket case in New York state, feel free to contact attorney Randall Kehoe's office. He has been representing clients for over 20 years from serious murder trials in the Appellate Division to traffic trials in local courts.  You can also contact us to discuss your options of reducing charges (and thereby fines and points) by plea bargain. This method can save you a trip to court and a lot of money in fines, Assessment Fees, and insurance prices. It can also help to keep your driving history clean of serious convictions in case you get stopped again in the future.

New York Speeding Tickets: How Much Do They Cost???

**UPDATE: NySpeedingTicketFines.com has posted a Fine Chart that shows fine ranges and points for many New York VTL violations and misdemeanors.**

TRAFFIC VIOLATIONS FINE CHART

Even drivers who have lived in New York state their entire lives are confused when they see no fine amount in dollars and cents on their ticket. We get calls every day that start something like this:

"Hi, I just got a ticket in Albany (or whatever local court) but it doesn't say how much I have to pay ... can you tell me how much the fine will be ?" 

The answer to this question is not very simple and can be difficult to explain, as fines are not assessed until the accused driver is convicted of a particular offense and the amount of the fine will depend on the violation or misdemeanor conviction entered in the local court. If that doesn't clear anything up, an article at NySpeedingTicketFines.com does a good job, I think, of explaining that the price you pay for a speeding ticket depends on a number of factors.  So, if you recently got a speeding ticket or some other traffic ticket in New York state and are pulling your hair out trying to figure out what to do, this will hopefully clear up some of the questions you have.

Photo credit: mas abie

Study: SPEEDING FINE COMPARISON FOR CONNECTICUT, NEW YORK, PENNSYLVANIA, AND VIRGINIA

This one is an oldie but a goodie with some useful comparison charts. Keep in mind fines quoted are from 2008 and have increased in many cases since. Also, there will be no reference to new laws like the 1144a "Move Over" law (FLD TO MOVE TO OPEN LANE TO EMERG VEHICLE), a 3 point violation, as well as cell phone (OP MOBILE PHONE), and electronic device. Otherwise, it is a very interesting look into how fines for traffic violations like speeding compare across these neighboring states as well as what penalties are assessed.

One interesting point, and something that most people don't realize, is that speeding even 11mph over the posted speed limit is punishable by 15 days in prison! Maybe one good reason to hire a lawyer.

To see realistic fine amounts for speeding convictions and reductions to 1201a and other generic violations. in New York courts, visit our resource at NY Speeding Ticket Fines.

1144a "Move Over" Law Updated

As of January 1, 2012 the Ambrose-Searles "Move Over" Law (section 1144a of NYS Vehicle & Traffic Law) has been updated to include tow and service vehicle operators and other maintenance workers stopped along roadways while performing their duties.

New York's Division of State Police have a statement about the changes on their website along with a downloadable brochure linked to below. The 1144a is still punishable by a fine and 3 points. 

1144a Brochure (.pdf)

Deadly School Bus Crash in Clifton Park (Saratoga County) NY

Today, YNN and Times Union are reporting a head-on collision in Clifton Park between a school bus and an SUV. Fortunately, there were no passengers on board the school bus but the drive of the SUV was killed. On a narrow highway with no visible traffic and light mist, is it possible this is occurred as a result of texting/distracted driving?

Ever since the National Transportation Safety Board called for all 50 states to ban the non-emergency use of portable electronic devices (other than those designed to support the driving task), this has been a hot-topic. In fact, the NTSB's recommendation came as a response to a fatal wreck last year in Missouri between two school buses, a bobtail, and an SUV. Thirty-five people were injured and two died in that incident.

Currently, texting/distracted driving is a 3 point violation in New York state. Operating a mobile phone is a 2 point violation.

Distracted and Aggressive Driving Enforcement Detail - 11/9/11

Today, the New York State Police will be conducting a Distracted and Aggressive Driving Enforcement Detail on Interstate I-87. State Troopers will be handing out informational pamphlets along with tickets issued for speeding, reckless driving, unsafe lane changes and cell phone/mobile device violations (OP-Mobile Device), as well as other tickets.

Those passing by the city of Albany and towns of Colonie, Guilderland, Malta, Halfmoon, Saratoga, and others will likely notice an increased presence of Troopers. Please drive safely and contact our office if you need legal advice, representation, or counsel.

(518) 465-2211