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Traffic Violations

You have the right to remain silent, and should exercise it

You may have seen by now on the Internet references to a law firm in another state that offers flyers that you can print out and use when you encounter a police DUI checkpoint. The idea is that you can just put one of these pieces of paper up to your window for a police officer to read, and that is it: no talking, no consent to search. The flyer that is specific to New York even states that you do not have to roll down your window at the checkpoint, you can simply show your driver’s license, vehicle registration and insurance information by holding them up against the glass.

Can I refuse to take a chemical test?

In just about every state, if you are pulled over under suspicion of driving while intoxicated, you will be subjected to a chemical test to determine your blood alcohol limit. In New York, the most common test is a breath test, commonly known as a Breathalyzer. While you can refuse to take the test, New York statutes set rigid consequences for doing so.

Knowing what questions to ask is key to drunk driving defense

The process of building a strong defense to a drunk driving charge begins when you are pulled over by a New York police officer and continues throughout all stages of what happens thereafter, from scrutinizing the foundations of the officer's observations to the accuracy and reliability of the technology he uses to the arrest and overall police investigation. In all of these aspects, knowing what to look for and what questions to ask are important considerations for your defense attorney.

Buffalo police accused of issuing too few tickets

For drivers to see driving laws as merely guidelines, finding areas in which few traffic tickets are issued may seem like a boon. But for others in that same area, knowing there are reckless drivers on the road who will not be punished for their traffic violations can be a source of fear and anger. Residents in one such area, North Buffalo, are tired of it.

Are the police allowed to search my vehicle?

Under the Fourth Amendment, as well as various New York state laws, the police cannot search your car just because they feel like it. Generally, there must be a warrant presented to do any kind of search, much like in a home setting. But, there are circumstances in which a warrant is not necessary. Even if these criteria aren’t exactly met, the courts may still side with the officer, as there is less expectation to privacy when you are driving.

What is New York’s Zero Tolerance policy?

The state of New York does not tolerate drunk driving from any motorist. Adults over 21 can have a blood alcohol content of 0.08 percent. But for minors, nearly any detectable BAC is a crime under the Zero Tolerance policy. You are allowed 0.02 percent to account for substances like mouth wash and cough syrup, as well as small amounts of alcohol from religious functions.

Red light laws in New York

Traffic lights are intended to direct the flow of cars efficiently and, above all, prevent accidents and save lives. As such, the New York Police Department tends to take any kind of red light violation very seriously. Of course, this does not mean New Yorkers follow traffic signals like they should. However, there are serious penalties you may face if you are caught running a red light.

Long-term consequences of a criminal conviction reach White House

An invitation to the White House turned into an embarrassing situation for the former vice-president of the New York-based Fortune Society who now leads a nationally recognized group advocating for the rights of people with criminal records. What was supposed to be a meeting with officials about criminal justice reform almost resulted in his being barred from entering because of his prior criminal conviction.

Drug charges might present opportunities to challenge evidence

Drug trafficking and drug distribution are serious criminal offenses with serious consequences including lengthy prison sentences and fines. Police and prosecutors spend considerable time and money to investigate drug crimes and prosecute those individual against whom drug charges are brought.