Pennsylvania License with New York Cell Phone Ticket

What happens if you have a PA (Pennsylvania) Driver's License with a New York cell phone Ticket?

New York’s Vehicle and Traffic Law (VTL) contains two different sections related to use of ANY portable electronic devices while driving:

VTL 1225(c) Use of Mobile Telephone

VTL 1225(d) Use of Portable Electronic Devices (includes texting while driving)

A ticket for VTL 1225(c) is entirely different than a VTL 1225(d) ticket. 1225(c) is a cell phone ticket (“c” for cell phone) while 1225(d) is an electronic device ticket (“d” for device), more commonly known as a texting while driving ticket (even though it covers more than texting).

A 1225(c) ticket means the officer is claiming that the driver was engaged in a phone call at the time he observed him/her operating a car. For 1225(d) tickets, it is doesn’t matter whether the driver was making a phone call. A driver who is merely holding their phone, infers that they were texting or using an app (including GPS navigation) can be issued a 1225(d) ticket.

What many people don’t realize is that a 1225(d) ticket can also be given for devices other than phones. A GPS, iPad, phone camera, or other hand-held electronic device also counts under the 1225(d) law.

Will the points transfer back to PA?

Will my car insurance go up?

Will this appear on my PA driving record (abstract)?

Police Radar Not Calibrated DWI Dismissed!

This is a New York DWI case (People v. Clayton) where the driver got pulled over for speeding. The cop testified that he only used radar and that he had not calibrated the unit for six months! Speeding charge dismissed and DWI Dismissed!!

What is RADAR? = A Radio Transmitter and Receiver

Sends out a signal and receives back a signal. RADAR has limitations, and there are two sources of potential problems or error:

1. The Unit itself (was it working/functioning properly)
2. The Operator (any machine is only as good as it's user)


Remember as in all Police Testing if we can't trust the process we can't trust the result!

This video highlights on big problem area: Calibration of the Unit.

There are a great many other areas of shall we say "Inquiry."

1. Vehicle Interference Error

Did they target and focus only on your car, and no other car or moving object? Was there "traffic" on the road besides your car?

2. RFI (Radio Frequency Interference) Error

Car fan blades and moving car parts (heater or air conditioning unit), also known as mechanical interference error.

Radio signals from police radio, CB, walkie talkie, cell phones, radio, and/or any other electronic device.

Poor connections with any electronics in the car or the unit can cause electrical bleeps and shorts.

Lights in or out of the car can bring on a false reading as well.

3. Calibration by Tuning Fork

The RADAR unit should be calibrated (checked for accuracy) both before and after a speeding ticket is issued. Many law enforcement officers only check the unit at the start of their shift and at the end of their shift. This does not ensure that the unit was properly working at the time of a specific ticket (driving infraction).

If the tuning forks are too hot or too cold they will not accurately calibrate the RADAR unit either.

There are a great many areas to challenge with any ticket but in particular with a speed related infractions. In New York State the standard is for the police to prove that you were speeding beyond a reasonable doubt.

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

607-229-5184

http://www.ithacadwi.com

Dangers of Representing Yourself for a New York Traffic Ticket

Self representation or going "Pro Se" can be dangerous with any legal matter. Here Mike Cyr, a traffic attorney in Upstate New York gives the three main reasons why this is so.

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: College Stickers on Your Car May Give Police Reason to Stop You

Most Cornell University and Ithaca College students are proud of their schools. They like so many these days display their school pride on shirts, hats, and even their cars. I have a license frame for    my daughter's school on my car.

So is having a rear window college decal on your car against the law? 

Can the police legally stop your vehicle for having a sticker on your rear window? 

Ithaca DWI Lawyer: Why You Can't Use Affidavits as Testimony?

Notarized Affidavits Can't Be Used in Court

Someone recently contacted me about a traffic violation. He thought it might be  good idea to have his relatives send in notarized affidavits to the judge. They were in his car as witnesses to his driving.

They wanted to avoid having to come to court, he also wanted to avoid having to come to court, and he also wanted to have a trial on his tickets. What people want might not always reconcile with what the law demands.

People need to know their rights. That is not just a blanket statement but is the truth. Because if you know your rights then you will have a better understanding of legal process. With that understanding can come a deeper knowing about making decisions.

Many people often just do what a lawyer says is best. Because they just don't know how things work people don't make informed legal decisions.

Can you use a affidavit as testimony at a New York trial?

Can you use an affidavit (notarized) statement at a New York traffic ticket trial?

Ithaca DWI Lawyer: Can The Police Cherry Pick Speeders?

Police can and do Cherry Pick

Most people have this thing about stuff being fair. As in, that's not fair or that is fair or the latest expression "fair enough." Is anything really fair enough? Isn't fairness really arbitrary? Is there any set level or standard for fairness?

We in the business of criminal law and the defense of those charged with crimes and violations have people ask us about fairness. Is the prosecutor being fair? Is the judge being fair? Or are they generally speaking fair with fines, punishments, and how they treat people?


When it comes to police charging people fairness moves into a whole other category.

Can the police decide who gets charged with a crime and who does not?
Can the police "cherry pick" their speeders out of a bunch of cars?
Can they write down a lower speed or even a non-speed ticket for a speed stop?

Ithaca DWI Lawyer: How Do Police Prove It Was Your Car Speeding on Radar?

Our Upstate New York law practice puts out lots of videos and blog posts about the defense of tickets and DWI. I think understand the legal process and how things work practically helps people make "informed" decisions. Because of that we get lots of questions concerning speeding ticket defense.

A recent inquiry went like this, Hi, my name is Ryan.

I saw your video called "How Do Police Prove You Guilty of a New York Speeding Ticket?"

It is a great video that helped me better understand the laws, good job!

However, I am curious about something.

When an officer uses a radar gun to determine your speed, how do they prove that they were measuring your vehicle's speed and not of another nearby? (emphasis mine)

Ithaca DWI Lawyer: The Truth About New York Reckless Driving

There is a great deal of mis-information on the internet. The first thing on Google that pops up when searching New York Reckless Driving is this:

Which states that in New York, speeding is automatically considered reckless driving once you're 30 mph over the posted limit. Is this really the case in New York State?

If you are 30 mph over the posted limit are you driving recklessly in New York State?

Is that all they need to prove to find you guilty of the criminal misdemeanor of New York Reckless Driving?

Ithaca DWI Lawyer: Can Foreign Students Legally Drive with an International License?

Driver's License from Another Country Confuses
from life in Saudi Arabia.blogspot 

Cornell University is one of many excellent colleges in New York State which attract thousands of students from countries all over the world. These students come for doctoral and post-doc programs in the fields of science, hotel management, architecture, and engineering. Most have a specific time period for their stay in the United States. It could be for years but most are not intending for New York to become their permanent home or place of residence.



Can these students legally drive on their international driver's license? 

Do these students have to get a New York State driver's license?

Can police ticket them for driving with an International Driver's License?

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: Are Modern Cars Causing More DWIs?

Idiot Lights on a Dash, Throwing Codes Sucks!
Thank you BMW

I am a car enthusiast, always have been and always will be. Maybe that's one of the reasons I love defending drivers of everything from speeding to DWI. People who love cars and who love to drive get into trouble at times. Doug DeMuro is a auto journalist, and writes a column for Autotrader. He recently wrote about a phenomenon where many people are driving at night without using their head lights. I have seen an uptick of people being stopped for this offense in our practice.



How does driving without your lights lead to increased DWI arrests? 

Is driving without your lights a crime in New York State?

Ithaca DWI Lawyer: Michigan License with a New York DWI Charge

Michigan Got a Little Piece at the Top as Well
from carnegiemnh.org

First, I want to thank Michigan DWI lawyer Gary Wilson for his help in answering the question of what happens with a New York State DWI charge with a Michigan driver's license. Gary is one of the best in his state at defending DWI or what Michigan calls "DUI" charges.

So what does happen with a New York State DWI (driving while intoxicated) charge back in Michigan?

Can they hit you with double penalties both in Michigan and New York?



Can you do anything to decrease the Michigan penalties of a New York State DWI charge or charges?

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: Does My Arrest Ever Go Offline?

David Cassidy, BTW I Loved the Partridge Family

We get calls from concerned parents about their kids Ithaca DWI arrests all the time. After being arrested, dealing with the consequences of a DWI begins the process of closure.

But what about the online and public arrest information? Does the DWI arrest, my mugshot, and my name ever go away? Is there a way for me to get it taken down from Google?

Ithaca DWI Lawyer: Just How Safe is Your Social Media?

Whenever we have someone charged with a drug and/or alcohol related offense we ask that they take down their social media accounts. This is for a number of reasons but the main one being do you want the government looking at your Facebook page? Are there pictures or comments online that you would rather not have misinterpreted. Many people these days post pictures of themselves smoking marijuana, using drugs, and partying. Even posting talk (truth or fiction) about how messed up YOU got at an event or party can cast you in a bad light with the prosecution or a judge.

So just how accessible are your "private" or "public" social media accounts?

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: How Easy Is It To Get a Taxi, Car Service, or Limo License in New York State?

For better or for worse New York State is one of the most highly regulated of places. As I have traveled around the country and my kids encouraged me to use Uber (I love it). I then went about discovering just how many hoops an Uber, Taxi Limo, or Livery driver must pass through to get their TLC (Taxi and Limo Commission) license with a Class E New York City license. Knowing how hard it is to get, and then finding out just how easy it is lose with a DWAI (driving while ability impaired), DWI, AUO (aggravated unlicensed operation), or even a bunch of traffic tickets may boggle your mind.

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?