VTL 1170(c)(2) – Drove Through/Around/Under Railroad Barrier Causing Physical Injury | New York Traffic Defense Lawyer
Charged under VTL 1170(c)(2) for driving through, around, or under a railroad barrier and causing physical injury?
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VTL 1198(7)(b) Knowingly Renting Vehicle Without Ignition Interlock in New York
Facing charges under VTL 1198(7)(b) for knowingly renting a vehicle without an ignition interlock? Learn the penalties and how our New York traffic lawyers can help.
VTL 1198(7)(b) Knowingly Renting Vehicle Without Ignition Interlock in New York
Facing charges under VTL 1198(7)(b) for knowingly renting a vehicle without an ignition interlock? Learn the penalties and how our New York traffic lawyers can help.
Commercial Motor Vehicle Drivers Facing DWAI Charges in New York
Motorists operating commercial motor vehicles must be aware of the strict standards under New York Vehicle & Traffic Law § 1192(5). Even a minimal level of impairment can lead to a Driving While Ability Impaired (DWAI) charge, carrying severe consequences for both driving privileges and professional licensing.
Canadian Residents With Speeding Tickets In New York
Canadian residents need to ensure that they are calculating the kilometers per hour while driving in New York.
Will Police Contact ICE When They Pull Over Undocumented Drivers?
There have been numerous reported cases of local police calling ICE down to pick up undocumented drivers.
VTL 1163 (e) Failed to Use/Improper Use – 4 Way Flash
A ticket for failure to use your hazards when required is a 2 point violation in New York State.
Impact of Traffic Tickets on Low Income Motorists
A recent Princeton University study entitled “Speed Trap or Poverty Trap” was conducted on the impact of.
What is the Move Over Law (VTL 1144AA)?
If there is an emergency vehicle on the right shoulder with its lights on, you must move to the center lane or left lane.
NY HUT (Highway Use Tax) Laws: Vehicle Status & Payment Requirements
Highway use tax (“HUT”) is complex and not following its specifications can result in hefty fines and possible loss of license.
VTL 1170(c)(1) — Driving Through, Around, or Under a Railroad Barrier with a Passenger Under 18
If you are charged under VTL § 1170(c)(1), prosecutors allege that you drove through, around, or under a lowered or closing railroad gate or barrier while carrying a passenger under the age of eighteen.
VTL 1198(9)(d) — Circumventing Ignition Interlock Device
If you are charged under VTL 1198(9)(d), prosecutors will allege that you circumvented or attempted to circumvent a court-ordered ignition interlock device. This statute covers any effort to bypass, disable, or trick the device.
VTL 1192(4-a) — DWAI by Combined Influence (Alcohol & Drugs)
If you are charged under VTL 1192(4-a), prosecutors will allege that you operated a motor vehicle while your ability was impaired by the combined influence of alcohol and one or more drugs.
Town and Village Court Justices
It is a little known fact that most town and village justices in New York are not attorneys.
Stopping a Motorist Twice for Same Violation
In a decision out of Michigan, a federal court ruled a police officer is not allowed to stop a motorist more than once for the same violation.
Motion Coram Nobis
A Coram Nobis Motion is an old common law motion in New York State that can often be utilized to vacate a guilty plea.
In New York, does a Defendant Have to Appear in Court to Fight a Traffic Ticket?
New York law allows for an attorney to go to court instead of their client.
Reckless Driving - VTL 1212
Reckless driving is a Misdemeanor and if you plead guilty or are found guilty you are subject to thirty days jail.
How does the New York State Driver Responsibility Assessment Fee Work?
The Driver Responsibility Assessment (DRA) is a fee for obtaining six points or more in the span of 18 months.
VTL § 1174-A - Owner Liability (School Bus Stop‑Arm Camera) | New York Traffic Ticket Defense
Received a VTL § 1174-A owner‑liability school bus camera ticket in New York? Learn penalties ($250 first offense; $275 second; $300 third within 18 months), why there are no points, and defenses to fight it.
VTL § 1251(c) — Carrying Articles / Both Hands Not on Handlebars (Motorcycle)
New York prohibits riding a motorcycle while carrying any package or article that keeps you from maintaining both hands on the handlebars. A § 1251(c) ticket typically carries 2 points plus fines and a mandatory surcharge.
VTL § 1192-A – Driving After Consuming Alcohol (Under 21) | New York Zero Tolerance Defense
New York enforces a strict Zero Tolerance Law for drivers under the age of 21. Under VTL § 1192-a, a motorist under 21 can be charged for operating a vehicle with a Blood Alcohol Content (BAC) of just .02% to .07%.
VTL § 1192(6) – Commercial Motor Vehicles DWI (Level II) – NY DWI & Traffic Ticket Lawyer
A DWI charge under VTL § 1192(6) is a criminal offense in New York that applies to commercial drivers operating with a blood alcohol concentration of 0.04% or higher. Convictions can result in steep fines, CDL suspension or revocation, and potential jail time.
Driving While Intoxicated (VTL 1192(3)) – NY DWI & Traffic Ticket Lawyer
A DWI charge under VTL § 1192(3) is a criminal offense in New York that can be prosecuted even without a breath test, carrying penalties such as heavy fines, license revocation, and possible jail time, making it critical to have an experienced attorney on your side.
Out-of-State Motorists Unaware they are Suspended in New York.
It happens often that an out-of-state driver does not know that their New York privileges are suspended. They get pulled over, a police officer runs their record, and they are arrested for driving with suspended privileges.
VTL 401 No Registration/Expired Registration
A ticket for no-registration (VTL 401) is a frequently issued ticket. Most of the time, the no-registration comes about from a failure to renew an expired registration.
Cell Phone Tickets, General
While most people know (or should know) that you cannot text and drive, the parameters of what you can and cannot do on your phone are not well understood.
Speeding Ticket, General
At some point in your life, you will probably receive a speeding ticket. There are a variety of factors that influence how much you will be affected by this ticket.
2022 NYC Traffic Tickets Statistics
The days before the New Year are always a time for reflection. As we prepare to enter 2023, it’s nice to look back on the most frequent traffic stops and citations in New York City in the 2022 NYC Traffic Tickets Statistics.
Fix it Tickets in New York
A “fix-it ticket” is pretty much what it sounds like. An officer will pull you over for some type of problem with your vehicle- this can range from an unsatisfactory license plates to significant mechanical problems.
Speeding Ticket Conviction Reversed in Ovid Town Court (Seneca County, NY)
A county judge reversed a speeding conviction from Ovid Town Court after the lower court failed to provide the required appeal materials. The ruling, based on People v. Feltes, cleared the client’s record, refunded the fine, and reinforced that missing appellate records can void a conviction under New York law.
VTL § 1252(a) – Interfered with Motorcyclist’s Use of Lane
New York gives motorcycles the full use of a lane. A VTL § 1252(a) ticket alleges your driving deprived a rider of that space. Penalties can include fines (up to $150 / $300 / $450 for 1st/2nd/3rd within 18 months), up to 15/45/90 days jail, 2 points, and surcharges ($88 other courts / $93 town & village)...
VTL § 1198-7(a) – Use of vehicle without ignition interlock
Although a charge under New York Vehicle & Traffic Law § 1198-7(a) may seem like a minor violation, motorists should not dismiss it as insignificant. Operating a vehicle without a required ignition interlock device carries escalating fines, mandatory surcharges, and the possibility of jail time...
VTL § 1194(1)(b) – Refusal of Breath Screening Test in New York
This statute applies when a driver declines to submit to a roadside breath test (also known as a preliminary breath test or PBT) requested by a police officer.
Speeding Ticket Dismissed in Malone Town Court
Malone Town Court dismissed a speeding ticket after the prosecution’s paperwork was unsigned and unsworn. The Benjamin Goldman Law Office secured a full dismissal.
VTL § 1192(4) – DWAI (Drugs) in New York
Under VTL § 1192(4), it is illegal to operate a vehicle while your ability is impaired by drugs, whether prescription or illegal substances. A conviction can result in fines, license suspension, and even jail time. These charges are taken seriously across New York and often require strong legal defense.
THREE QUESTIONS TO ANSWER WHEN YOU RECEIVE A TRAFFIC TICKET | Benjamin Goldman Esq.
When motorists are given a traffic ticket they are often faced with a three step dilemma.
Certificate of Disposition for a Traffic Ticket
This official piece of paper will indicate the final result of the charge(s) you were facing.
Does Your Traffic Court Waiver Need to Be Signed Before a Notary?
New York State law allows defendants to “waive” their personal appearance in traffic court, meaning your attorney can go to traffic court in your place.
FEES & EXPECTATIONS: HIRING A TRAFFIC LAWYER IN NY
Experienced traffic ticket attorneys can maximize your opportunity while you stay at home, at your job, or in school.
Four Justice Courts with Ballston Spa Address
There are four New York State justice courts with a Ballston Spa address.
How do New York Traffic Tickets Impact a New York State Probationary License?
After a New York driver obtains their full time driving privileges they are placed in a six-month probationary period.
VTL § 1252(b) — Improper Passing (Motorcycle) | Long Island Traffic Lawyer
Ticketed for VTL § 1252(b) (Improper Passing — Motorcycle) in New York? Learn what the statute prohibits, typical penalties (3 points; escalating fines; possible jail on repeat offenses), and common defenses. Consult a New York traffic lawyer.
VTL § 1251(d) — Interfered with Cycle Operator’s View or Control (Motorcycle)
Cited under VTL § 1251(d) in New York for interfering with a motorcycle operator’s view or control? Learn the elements of the charge, penalties (2 points, escalating fines, possible jail on repeat offenses), and defenses. Speak with a New York traffic lawyer today.
VTL 402-b Obscured & Obstructed License Plates – NY Traffic Ticket Lawyer
Driving with your plate covered is a traffic violation, even if the plate numbers are completely visible. If you are convicted with this violation 3 or more times in 5 years, you can have your license suspended.
Aggravated DWI With Passenger Under 15 (VTL 1192(2-a)(b))
Driving under the influence with a child passenger is one of the most serious DWI charges in New York, carrying harsh penalties under VTL 1192(2-a)(b), also known as **Leandra’s Law**.
VTL § 511-a(1) “Facilitating Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree”
(1) A person is guilty of the offense of facilitating AUO 3rd when such person consents.
Cell Phone Tickets on Long Island
New York State is one of the toughest jurisdictions on cell phone tickets.
Does the Court need an Original Waiver Form to Allow my Attorney to Appear in Court on my Behalf?
Some town court judges require that attorneys produce a waiver with an original signature.
Can I Use a Cell Phone At a Red Light?
The answer to this question remains a point of disagreement with police officers.
Registering a car out-of-State to Save on Insurance
New York City residents typically pay higher car insurance rates. The increased rates are due to a number of reason.
Seat Belt and Car Seats in Taxis
Up until 2017 taxis were exempt entirely from any seat belt laws. Meaning the taxi driver or any of its passengers did not have to wear a seat belt.
