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Victimless crimes can still lead to serious charges

The charge of reckless driving in New York can invoke mental images of accidents and injuries, and sometimes those visualizations are entirely accurate. Recklessness is a more serious accusation than negligence, and generally means that the accused not only is aware of an unreasonable risk of harm to others, but elects to engage in it anyway.

Implied consent: Losing your license over a breath test refusal

If you are stopped by a police officer in New York on suspicion of DWI, the officer may administer a field sobriety test to determine if you are exhibiting signs of being intoxicated or operating under the influence. Failing to properly perform the tests will usually result in an arrest.

What is a conditional license following a DUI?

The consequences of a conviction for driving while intoxicated in New York go beyond the fines, probation supervision or incarceration that judges may impose at sentencing. For many people facing drunk driving charges, the license suspension or revocation that are required under the law can be more than just an inconvenience. Being unable to drive can affect an individual’s home life and, depending upon the availability of public transportation, it can result in the loss of employment.

Can I use plea bargaining in New York traffic court?

If you have been accused of a traffic violation in New York, you have to decide which path to take when it comes to how to respond. The path of least resistance may be to simply pay the ticket in a simple traffic violation matter; or you can contest the charges against you in court.

New York seat belt laws, and your obligations under those laws

Those of us who are old enough to remember the days before seat belt laws may recall public service announcements on television imploring people to wear their seat belts. Eventually, state governments in New York and elsewhere finally decided that encouraging people to do the right thing did not always lead to people doing the right thing. Now the government goes beyond encouragement: wearing a seatbelt in a moving vehicle today is no longer a matter of discretion.

Lack of signs could be defense to school zone speeding ticket

Motorist complaints have local legislators questioning the school zone speed camera program that the state of New York authorized for Nassau County and New York City. Some Nassau County lawmakers are calling for suspension of the program following reports that signs warning motorists that they are entering a school zone are obscured, missing or inadequate.

No More NYC Marijuana Arrests, Are Marijuana Charges going up?

As I read today's headlines on about there being no more NYC Marijuana Arrests, I ask myself, will the Marijuana charge go up? Many police officers do not want to book offenders for carrying small amounts of Marijuana, and therefore New York City maintains a modest charge rate of only 50,000 Marijuana charges a year. However now that officers will not be obligated under NYC policy to arrest and book such offenders, I suspect that Marijuana pink tickets will be on the rise.

Watch your speed! New York City speed limit decreased to 25 mph

One of the most common arguments for fighting a speeding ticket is to say that you did not know the speed limit in that area or see a speed limit sign. Be forewarned: as of Nov. 7, the speed limit on New York City streets will be reduced from 30 mph to 25 mph.

New York judge gets caught by traffic camera

In the technological age we live in, where it seems that everyone has a phone that is capable of recording an event at a moment’s notice. It is increasingly difficult for a people to conceal their actions, with websites like Google Earth allowing people to zoom in on neighborhoods from satellite cameras. Nowhere is this more prevalent than with red light cameras recording motorists throughout New York.