Friday, January 3, 2014

Cortland Lawyer Why You Can Run But You Can't Hide from Your New York Violations?



Life like law has a great many layers. Changing your perspectives, angle, or viewpoint of the same situation may depress or elate you. Laws, rules, and statutes come in different varieties and levels. We have Federal laws, State laws, and local (municipal) laws. In fact, you may be brought up on charges across the board (all three) in some cases. Sometimes violations are segmented (isolated to one area), sometimes they may spill over into multiple jurisdictions.

The Feds and Federal Law

The old expression, "are you making a Federal case out of it?" refers to the complex, harsh, and conservative Federal (government) regulations. Bringing a claim in Federal Court or being brought to a Federal Court (IRS, FBI, NSA) on criminal charges is not fun. Federal cases and Potential Federal influence must always be considered with any state criminal or even non-criminal charge.

Federal Influence on New York State Traffic (ie. speeding) Violations


National Driver Registry (the NDR) and Federal law, 23 CFR 1327.5(b)(1)

They (any state) will eventually find out about any outstanding traffic offenses in any other state, upon either your application for a driver's license or your renewal of a driver's license.

What is the NDR? 

The National Driver Register (NDR) is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied.
Remember, any untaken care of traffic violations will default to a license (privilege) suspension in New York State. This is not a maybe, it is a fact. License = a privilege to drive in that state whether you have a license there or someplace else.

How it works: 

When a person renews or applies for a driver's license in a state the MVA must check to see if the name is on the NDR Problem Driver Pointer System (PDPS) (as required by federal law--see 23 CFR 1327.5(b)(1)

All Motor Vehicle Associations must check you under Federal Law 23 CFR 1327.5(b)(1).

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c...

btw the state that gave you any license "privileges"  only has jurisdiction/authority over your "privileges" in that state but if you drive in any other state during that time (of driving) you have an assumed driving privilege in that state.
KEY TAKEAWAY: 

Violations, even these non-criminal offenses can have a long and deep Federal impact upon your life, whether to your ability to complete your education, your ability to drive a car, and/or your ability to get a job.


Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

Reviews and Endorsements of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

newman.lawrence@gmail.com