Can Speeding Violate a New York Conditional Discharge?

The most common New York sentence is the conditional discharge. It is most commonly given for one year, and has a specific set of terms and conditions. A CD in NYS is like no other, so don't try to compare CDs from anyplace else. It happens after you are convicted. Think of it like probation without a probation officer to check up on you. You monitor and supervise yourself to complete and perhaps provide proof of completion of obligations.



For a DWI CD, it may mean you need to complete the Impaired Driving Program, have an IID (ignition interlock device) on your car, and stay out of trouble for the year.



If people get into trouble in that one year they can be brought back to court and re-sentenced on their charge. The new sentence can include jail and/or real probation (with a probation officer).

But what does it mean to stay out of trouble with a NY CD?

NO new arrests (legal arrests)

NO new criminal charges (misdemeanor or felony)

NO new charges relating to higher level violations (harassment, disorderly conduct)

NO new charges relating to drugs and/or alcohol (Unlawful possession marijuana, public intoxication)



By itself a moving violation or speeding ticket will NOT usually violate a CD in NY. But if you receive along with that moving violations other charges, these may violate.



Reckless driving is a misdemeanor (crime) in NYS

AUO (aggravated unlicensed operation) is a misdemeanor or felony level offense as well



These will violate a CD. Discuss your situation with a local lawyer to weigh your options with any conditional discharge violation.

Ithaca DWI Lawyer: Demons, Hellcats, and Speeding Tickets

0 to 60 mph in 2.3 seconds!!
from autoblog.com

I'm a car guy from way back and these days the cars are absolutely amazing. Ford, Chevy, Audi, Porsche, and the rest are in a HP (horsepower) competition. One after the other keeps upping the ante.
We now have the 707 HP (Hellcat) and 840 HP (Demon) cars, with 300 HP cars becoming the norm in mom and pop motoring. My 2004 Honda mini van had a 240 HP V6.

Are all these super horsepower cars causing more speeding tickets?

Ithaca DWI Lawyer: New York Police Use Concealed Identity Traffic Enforcement

This Ain't a CITE? 

I love acronyms and cars, so when the New York State Police rolls out their CITE vehicles I get excited. The state police are on a crack down this summer for texting, calling, ipod-ing, gps-ing and driving. In other words hunting down distracted dangerous drivers.

So what's a CITE vehicle?

How is it being used to get those violating the law?

Ithaca DWI Lawyer: Can the Police Change My Ticket?

Sometimes people are surprised to learn that the police can increase your charges, add charges, decrease charges, and even issue new tickets after the stop of your car. This discretion to charge lies with all members of law enforcement. Prosecutors use it (charging discretion) when plea bargaining.

If a cop tells you, hey "I'm cutting your break," that might really be the case. 

What if you want to contest the charges? What if you believe the break you got wasn't really that great? Should you be afraid of police or prosecutorial retribution?

Ithaca DWI Lawyer: Can You Get Tickets Expunged from Your Driving Record?

The amount of scrutiny people receive these days before being offered a position is staggering. Not only are they doing drug screens but they are requesting fingerprint criminal background checks as well. Many companies and organizations are also checking driving histories as part of a pre-employment background check.

Do you have traffic tickets on your history? Is it possible to clean up your New York State driving history? Can you get tickets or charges removed after a period of time passes?

Ithaca DWI Lawyer: Can You Get Jail for a New York Traffic Ticket?

Is this Reckless Driving Legally?

Generally speaking people do not go to jail or get sentenced to jail time for a New York State traffic ticket. But there are instances where your traffic ticket is more than a normal moving violation. Sometimes a ticket is really a criminal level offense that a judge would be compelled to sentence you to a term of jail. On the ticket itself the box marked misd means misdemeanor. Misdemeanors and higher are criminal level offenses. Now legally speaking in New York State a town, village, or city court judge could sentence you up to 15 days in jail for a violation level offense. Offenses like disorderly conduct, DWAI alcohol, or even speeding could receive up to 15 days in the local county jail.

So what situations or traffic violations could bring a short term of jail in New York State?

Ithaca DWI Lawyer: New Law Mandates Inspection for Car Window Tint

Police Officer Using Tint Meter Enforcer

New York State has long had law that cars and trucks cannot have window tint that is blocks light transmittance of greater than 30%. An amendment to that law has just taken effect on January 1, 2017 that makes checking window tint light transmittance part of every yearly car inspection. New York State like many jurisdictions has a mandatory annual car inspection forever.

This new window tint inspection amendment has been proposed every year since 2003, and the amendment has failed for 13 years running.    

                                 Why the New York Tint Inspection law passed this year is the question?  

Ithaca DWI Lawyer: Elmira Deputies Can't Make Traffic Stops for Temporary Inspection Stickers

CAN THE POLICE IN NEW YORK 
LAWFULLY PULL YOU OVER FOR A TEMPORARY INSPECTION STICKER?

Ithaca Cortland Lawyer How Do the Police Know if YOU were Speeding?

Speeding tickets and upstate New York are kinda like franks and beans, they just go together. Wide open spaces with two lane roads make for easy speeding. Coming from the cityscape to the country scape sometimes doesn't allow for a real slow down.

What a dichotomy of sorts?"city folk" in the country

from http://readingandwriting3udenar.wordpress.com/

Slow down your speech, your thinking, and most of all SLOOW down your car. Whenever I visit the big city it amazes me how fast people drive. It's all relative, this fast and slow stuff. But cars on the New Jersey and Pennsylvania turnpike just haul a-- and I guess the cops can't keep up with them all.

Well on our big interstates like I-17/ I-86 and smaller state routes like 96 and 79 they do keep up with it and they love to pull people over especially those from the "big" city. Teach-em a country lesson, be safe in these here parts, ya hear?

Police Use Three Methods the Gauge Speed Upstate

1. Pacing

This is really Simple, they follow you or at least try to follow and keep up with your car. Hopefully they have an accurate speedometer in their car. If they need to go 90mph to catch up to you then you are going too fast.

2. Visual Estimation

They just look at your car, and they can tell how fast you are traveling based upon their experience and training. The best method is to pre-measure distances between local landmarks like light poles, trees, and signs. Then they clock your time from one landmark to another landmark. Remember miles per hour, speed is to distance.

Big Take Away: SPEED is a RELATIONSHIP!

The Easy Math of Speeding Tickets

5,280 feet in a mile
3,600 seconds in an hour

45mph = 66 feet per second
55mph = 80 feet per second
65mph = 95 feet per second

So the police officer/trooper/deputy testifies to it taking you X seconds to travel from this pole/sign to this tree and he knows that is a distance of Y means you are traveling = faster than the speed limit.

3. The Big Gun: RADAR

Usually any speed estimate by Pacing and/or visual estimate will be backed up by the gun (the Dual Stalker) is our latest upstate Trooper toy. Is RADAR always accurate and correct, no but often it is.

I'll save that for my next blog and video, challenging the dreaded RADAR gun.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews 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

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.