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A summary of Leandra's Law in New York

Occasionally a law will be passed with a name intended to memorialize a person whose circumstances gave rise to its passage. This is the case with Leandra's Law in New York, which was enacted in 2009 to strengthen penalties for drunk driving convictions in this state. Leandra Rosado, for whom the law is named, was an 11-year-old girl who was killed in a drunk driving accident.

What is a misdemeanor?

A subtle, rarely mentioned purpose for lawyers is their ability to communicate the seeming complexities of the law to a layperson -- such as a client or juror -- in a user friendly manner. Like accountants need to explain the tax code and doctors need to explain the intricacies of the human anatomy, a large part of an attorney’s value is found in helping his or her clients understand the challenges before them and laying out their options.

What are the penalties under the New York Driver Point System?

If you have a New York driver’s license, you have probably heard of having "points" if you are convicted of traffic offenses. But what exactly are points? How are they calculated? What are the penalties for accumulating too many of them? This post addresses these questions.

Police and breath test evidence may be questioned in DUI cases

Charges of driving while intoxicated or driving under the influence are taken very seriously in the legal system. For that reason a police officer may sometimes be overzealous in his or her position and unjustifiably stop a driver who has had very little to drink, perhaps even under the legal limit and without being involved in an accident. At times, without intention, an individual may overestimate his or her ability to drive after consuming some alcohol and underestimate the amount they have actually had to drink.

Bumpy start for automated speeding ticket system

The use of cameras at strategically placed locations to issue tickets for speeding and red light violations has increased. When New York Governor Andrew Cuomo signed legislation authorizing the use of speed cameras in school zones, officials speculated that the communities installing them would reap $25 million in fines from the traffic tickets they generated. One thing that is known about the new program is that it is off to a bumpy start.

Unmanned Aircraft Systems (UAS) in New York

There is currently a bill on the New York State Assembly floor (Bill number S07639) to regulate the use of Unmanned Aircraft Systems (AUS or "Drones"). You can read the bill here http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S07639&term=2013&Summary=Y&Actions=Y&Votes=Y&Text=Y. Currently the FAA is regulating the use of drones, and their option is usually: you can't. See http://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=14153 .

If you disagree with the ticket you were given, you can fight it

You never thought that it would happen to you. You've been a good driver, even a defensive driver. You don’t drink and drive. You pay attention to your surroundings. But one day, something changes when you are behind the wheel. It could be anything: your cellphone rings, and for once you answer it; you reach for your sunglasses, they fall to the floor, and while you reach down to get them you cross a solid line on the road; you are leaving a party late at night, and in you are in a hurry to get home, but you lose track of how fast you were going.

Cell Phone Tickets

As an attorney, I get all kinds of calls from people who received tickets for talking on a cell phone and driving. However not every one who gets a ticket is actually talking on a cell phone or texting (or driving for that matter). I have had calls from people who were scratching their ear and the officer thought that they had a cell phone in their hand. I have received calls from people who had a Ipod classic in their hand (which is legal because an Ipod classic does not transmit information remotely nor does it receive information from remote sources.) I have had calls from people who were holding a phone in their hand, but were actually using a blue tooth, and people who have had both hands on the wheel which received Cell Phone Tickets.

Rules for driving with New York school buses

There are many potential offenses to commit as a driver, especially as so many people are often rushing to get to work or run errands. Failing to pull over for an emergency vehicle, failing to yield, reckless driving and following too closely can all be problematic. However, one of the most potentially dangerous traffic violations can take place when children getting onto or off of a school bus are involved.

What are the penalties for using a cellphone while driving in NY?

Cellphone use has become so prevalent throughout our society, and viewed as a necessary tool for living and functioning in a modern world, that it is not uncommon to hear a person consider a lost cellphone or a low battery as a personal crisis.