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Does reasonable suspicion justify a drug search and seizure?

Searches and seizures of evidence by police in New York generally require probable cause and a search warrant under the Fourth Amendment to the United States Constitution. Warrantless searches are permitted, but police must be able to prove that probable cause existed before the search was initiated.

New right of way law applies to everyone in New York City

Not long ago we posted on the topic of the Vision Zero law that now applies to motorists in New York City. The law is actually a combination of laws and initiatives that include revised speed limits, street improvements and other ordinances intended to make the city streets safer for cars and pedestrians alike.

Making a U-turn in New York City

At some point in nearly everyone's driving experience the need will arise to turn around and go in the opposite direction. Making a U-turn may seem like the most convenient option to reverse your direction of travel, but it poses special dangers to you and to others not only from a safety standpoint but also in terms of increasing your risk of being cited for a traffic violation. Here are some specific things to remember to minimize the risk of being pulled over for making an illegal U-turn.

What is a traffic control device violation?

Of all the ways that you can find yourself being pulled over for a traffic violation in New York City, including speeding, or talking on a cellphone, or any manner of illegal turns or lane change violations, the most common reason has to do with violations concerning "traffic control devices". But what is a traffic control device

Can police use a traffic stop as a ruse to search for drugs?

As a general rule, police need probable cause to conduct a search or to make an arrest for drug offenses. Generally speaking, a search or an arrest that is not accompanied by probable cause is a violation of the Fourth Amendment to the U.S. Constitution and could result in the evidence that was seized in the search or the arrest being thrown out of court.

Getting help from a New York traffic violations attorney

No one enjoys getting a traffic ticket. Fines are expensive, and if you get too many points on your license your driving privileges could be taken away from you. Besides, a moving violation such as a speeding ticket, failing to yield, a drinking and driving charge, reckless driving or following too closely can make your car insurance rates go up.

Can police use checkpoints to catch drunk drivers in New York

One of the protections people have from government intrusion into their lives is the U.S. Constitution. The Constitution protects your right to drive without being stopped by a police officer, unless the officer has reason to believe that you have broken the law.

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

In late December of last year we addressed some of the different ways that your New York driver license can be suspended as a result of traffic violations. This post will cover the more serious penalty of license revocation: what can trigger it and what you can do to restore your driving privilege.

What to do if you are charged with an emergency vehicle violation

In New York, there are two ways in which a police officer may cite you for a traffic violation based on your driving behavior in the presence of an emergency vehicle. One is to accuse you of failing to pull over for an emergency vehicle when its lights are flashing and its siren is audible. The other relates to a charge that you did not give the emergency vehicle sufficient room when passing as it was stopped on the side of the road with its emergency lights flashing.

Traffic tickets in the City of Buffalo NY

Traffic tickets in the City of Buffalo NY are currently adjudicated in by a DMV administrative law judge or ALJ in a system called the Traffic Violation Bureau. You may recognize the term from New York City's TVB or Traffic Violations Bureau. These DMV are appointed (not elected) judges do not have jurisdiction (ability) to allow the reduction of traffic tickets to a lesser violation. Therefore all tickets in the Traffic Violations Bureau go to trial. In addition, traffic tickets issued in the Traffic Violations Bureau do not need to include supporting depositions