Avoca Lawyer New York's High Proof Level for Speeding Tickets

People come to the Finger Lakes region from New York city and New Jersey where traveling at speeds of 85 mph and 95 mph are an everyday occurrence. This is not so where I live and practice. Most of the roads (not the interstate) are set statewide at 55mph. Going through small villages and towns the speed limits are 30 mph. People move slower here. Up here, Only I-17/86 and I-90 have the upper limit of 65mph. It is easy for city dwellers to break our limits.

As a lawyer that handles lots of speeding tickets in the boonies (let's call it what it is) of Upstate (really upstate- NOT Poughkeepsie) New York, we do have a big positive when it comes to getting a speeding ticket here: The proof level is the criminal level of "beyond a reasonable doubt." Meaning that the prosecution must prove that you were in fact speeding based upon some or all of the following:

1. A police officer must testify that s/he has experience and training with estimating speed by visual confirmation. He gauged your speed, was able to see your car clearly, explain physical markers used (a confirmed distance), timed you (clocking), and then made out an estimated speed.

2. If he used his car's speedometer, to track you and you car, that his car's speedometer was calibrated and checked prior or right after the citation was given.

3. Lastly, if he used RADAR (Upstate Troopers and Police use the Stalker Dual) then the following must be shown for a successful prosecution:

- The officer must have adequate training (this is pretty minimal-hours) and experience in the operation of the RADAR unit.

- The officer must testify as to how the unit was set up and the conditions the unit was operated under.

-  It must be shown that the unit operated with a minimum possibility of distortion from external interference.

- The unit must be tested with an external source, such as a tuning fork (s) or an actual test run with another vehicle that has an accurately calibrated speedometer. Usually they have two tuning forks, 25 mph and 40 mph, they may even check with an 80 mph one.

NOTE: One primary New York State case established the use of a tuning fork to check RADAR before and after a speeding ticket is given. In New York v. Perlman (1977) the Suffolk County District Court ruled that a RADAR device was NOT proven accurate because NO tuning fork (external) test had been performed either before or after the arrest.

A successful prosecution may also include testimony from the officer/trooper on the following:

1. Location of the perpetrator (offender) or as I like to quip, the violator, ie. the target vehicle.
2. Location of the patrol car at the time of the observation and/or RADAR.
3. Other cars/trucks/vehicles on the road or near the target vehicle.

Many states place the prosecution's level for traffic infractions with a civil standard of proof, "preponderance of the evidence," meaning a little more likely than not (a pretty easy standard).

There are also some negatives to upstate speeding tickets:

1. Part time courts with part time judges with part time staff (clerks), did I mention they are part time, it might be awhile to get your trial.
2. Night court, 7:00 or 7:30 Court begins, until ?  In many of these small towns and villages your trial may be at 9:00, or 10:00PM.
3. Judge (bench) trial that tends to favor (give credibility) to the local police/deputy/trooper.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 425 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Understanding the Dangers of Challenging the New York Roadside Reduction

The New York Roadside Reduction happens more than most people realize. The police (trooper, deputy, cop) may give you a lower level ticket, not write you up for all of your conduct, or may not give you a citation (violation) for exactly what they observed.

A speeding ticket of 86 in a 65 (six point ticket) at 21 mph over the limit may be written up as a 20 mph over (four point ticket). A speeding stop of a car may be written as a failure to obey a traffic signal. I was recently consulted by a person stopped for speeding that was not written but an unlicensed operator violation was.

You have to look at the original supporting deposition to see the potential exposure. Because they can RE-FILE the original observed violation (s) against YOU. Yes, they CAN!

I have seen people try to contest the reduction only to have one of two things happen:

The DA says no deal, plead to charge or have a trial on it OR
The DA says that the police will re-file the original speed level or the ticket (s) and now you have more charges or increased charges to deal with.

This is not to say that tickets (violations) can't or shouldn't be challenged, quite often they should be, only that they need to be evaluated by someone experienced in that area.

Larry Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com

It's Apples and Oranges: Comparing the Costs of Traffic Infractions in New York and Florida

Making the Mistake of Comparing an Apple with an Orange

 These scales will never truly balance from uskowioniran.com

I was recently asked by a family friend to help him clean up his Florida tickets (traffic) so he could get back his license to drive. I do this regularly for New York drivers but had not within the state of Florida. Being licensed in a state (I am licensed in Florida), and actually practicing a specific area of law are two wildly different things. Many people are under the mistaken impression that having passed a state bar exam, getting a license, and knowing how to practice there is the way it is. It is not. I have practiced other areas there, just not traffic.

Florida is Fairly Simple: One County Courthouse for Everything

Every Florida county has a grand Courthouse. Florida is old but it's legal system is fairly new and progressive. I like to look at states as either a "Common wealth (NYS) or a Statutory State." Statutory states have set numbers (fees, fines, costs), and many commonwealth jurisdictions have wide ranges. Wide ranges, give Judges wide latitude (read discretion) on punishments and punishing.

You can do everything from a speeding ticket to a murder case in this one structure. Upstate New York has thousands of little town and village courts. In my area (the Fingerlakes region of NYS) I handle a few hundred Courts within a hundred square miles. 2/3 of our judges are non-lawyer justices/judges. They go to judge school (a couple of weeks), and then receive further training courses. They preside over misdemeanor and violation cases. They can place you in jail for up to year and/or three years of probation.

So many little courts over this land mass from fingerlakestravelny.com

I began my legal help (services) online in Florida. With the person's private information (DOB, social, license number) I could freely access all their information. All their outstanding tickets came up, and where, and how to take care of them (on hyperlinks). I was in heaven, so organized and simple. All the phone numbers are listed. They have people there 9:00 to 4:00, everyday, and they are helpful. Afterall they want to get your money. I called them all, and for the most part was pleasantly surprised!

Well, in a place like Jacksonville, FL (Duval County), with 870,000 people, and growing, it has to be well managed and highly organized. With a commiserate number of traffic tickets that requires serious management. They could not do what we do upstate, one ticket at a time. The back log, and lash would be brutal.

In New York State I need to go to the DMV, and fill out paper forms, get a printout and then look up the Court addresses and phone numbers. NYS s very old school. Some courts don't even have websites or listed numbers. I can then try to call them but they are usually part time courts, with part time clerks, with part time prosecutors, and with part time judges. Some don't even have voicemail (or allow/accept voicemail). Did I mention they are part-time? How frustrating it can be to resolve anything here at times.

Back to my Florida experience. I contacted three counties, a collection agency, and the DMV all in less than 2 hours. I got to the bottom of 6 tickets, how much, where, when, and how to pay in that time. The total cost of all of these tickets: Less than $600, and that is with fines, fees, and the collection agency adding 40%. Mind you these tickets went back over 7 years.

In Upstate New York State, similar stuff would be in the thousands of dollars, hell one court for one old ticket could easily be over $600? Our fines, surcharges, and fees are high (like New Jersey) compared to good old Florida.

Is Florida better? Yes and No, just much easier and cheaper when it comes to this area of practice/law. Many people and lawyers doing Florida traffic tickets would be surprised by the New York experience. I got a call from a Florida guy once asking me to handle a Upstate New York ticket, when I told him my fee he balked but you guys (attorneys) do a dozen tickets all at once (like Florida), not true. Not easy or simple, not 9 to 4, we have night court as well, some Courts have Saturday court only.

So before you think every state or place is the same, get the real picture. Apples and oranges are both fruit but they are very different from one another.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184