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Traffic Violations

Do I have the right to refuse to take a breath test in New York?

Motorists in Rockland County who are stopped by law enforcement on suspicion of driving while intoxicated will usually be asked to submit to a chemical test to measure their blood alcohol content level. A commonly used method is a breath test in which the person blows into a Breathalyzer, or other testing device that analyzes a breath sample.

What are the ways that my driver license can be suspended?

Driver license suspensions in New York are a frequent consequence of becoming entangled in the state's legal system in connection with traffic violations. These suspensions are not something that can be handed out arbitrarily by a traffic court judge. How they can be issued is controlled by law, and the circumstances of a license suspension fit into well-defined categories.

Even simple traffic violations can have serious consequences

Driving a car can be, in some ways, similar to getting into a relationship: at the beginning, you try to do everything right, and are always on your guard not to make a mistake that might cost you. But later, as you become more familiar, the temptation grows to become less cautious, and sometimes giving in to that temptation can have regrettable consequences.

New York City traffic accidents often do not lead to convictions

A recent news story covered a number of tragic cases regarding pedestrians who were killed in traffic accidents in New York City. Although the story angle was about the alleged injustice of situations in which drivers who were involved in fatal accidents were often not charged with crimes or had the charges against them dropped, there is another way to look at the story that can offer hope to those who have been accused of lesser traffic infractions.

Drug charges based on traffic stop error upheld by Supreme Court

Have you ever been stopped by police because you had a taillight out? Perhaps you pulled off to the shoulder of the road to check on a child in the back seat, or pulled to the curb to confirm directions and make sure you had not missed your exit, when a police car pulls up behind you to assess the situation.

Can I lose my license before I am convicted of a DUI charge?

The consequences of drunk driving charges in New York begin almost immediately for a motorist taken into custody by a police officer. Judges in Rockland Coumnty and other communities throughout the state must order a license suspension when a driver accused of driving while intoxicated appears in court for the first time. The suspension remains in effect until the case is concluded either through a conviction or dismissal of the charges.

Traffic infractions and misdemeanors in New York: an overview

When you receive a ticket from a police officer in New York, that individual may explain to you the nature of the charge and what you will need to do to properly respond to it. But if for some reason you are still wondering what you should do after the police officer departs, this post will provide some relevant information.

Plea bargaining eliminates possible criminal record

The guilty plea by a reality TV star following his arrest for driving while intoxicated demonstrates how plea bargaining can work toward protecting your future. As we discussed in a recent post about, how plea bargaining might benefit a person charged with traffic violations in New York traffic court, instead of a misdemeanor conviction, the plea negotiation allowed the driver to avoid a criminal record by pleading guilty to a noncriminal violation.