Practical ideas, and information about defending New York DWI, criminal charges, and traffic violations. Winning strategies from an Ithaca DWI lawyer's vantage point.
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?
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?
Dangerous Devices to Use While Driving in New York
from dvice.com
Well the big news this weeks is the surprise from our own Governor Cuomo. You can still use a phone and even text while driving in many states. See map below.
Yellow States Still ALLOW Texting and Phone
from lawyerblog.com
The national trend is against ANY form of distracted driving via USE of ANY electronic device. New York is taking this all very seriously with these emergency measures, and wanting to put an end to what I consider to be "amateur" drivers.
Serious (High Point) Penalties and Consequences
1. Change to 5 Points for New York State violations of VTL 1225-c (use of a mobile telephone) and 1225-d (use of
portable electronic devices) after June 1, 2013.
New York State already had laws against using a cell phone while driving, and texting while driving, and using any electronic devices while driving (think ipods, ipads, portable storage devices). For a short history lesson: It went from no points to five in less than two years. It was no points before February 2011, then 2 points in February 16, 2011, then 3 points in October 2011, NOW FIVE POINTS in June 2013.
2. This change willtransform violations of VTL 1225-c and 1225-d into
"high-point driving violations." Now they are in the same category, and seriousness based on points as VTL 1212 Reckless Driving ( a five point misdemeanor), and VTL 1174 (a) failing to stop for a school bus. For perspective this is more serious than VTL 375 (1) Inadequate Brakes on a truck (a 4 point misdemeanor). 3. This change will also have significant
consequences for those with prior "alcohol- or drug-related driving
convictions or incidents" under the new 15 NYCRR Part 132 (dangerous
repeat alcohol or drug offenders) and the recently amended Part 136 (Licensing
or Relicensing After Revocation Action). Remember two serious traffic violations plus DWs and bye bye driver's license. 4. Added words = new definitions: The law also adds to the definition of portable electronic device in VTL
1225-d (2) (a) "any other electronic device when used to input, write, send,
receive, or read text for present or future communication." And the new term
"using" is re-defined in 1225-d(2)(b) will be defined as "holding a portable
electronic device while viewing, taking, or transmitting images, playing games,
or, for the purpose of present or future communication: performing a command or
request to access a world wide web page, composing, sending, reading, viewing,
accessing, browsing, transmitting, saving or retrieving e-mail, text messages,
instant messages, or other electronic data." Bottom Line: Don't look at or touch ANYTHING while driving except your steering wheel. Lawrence (Larry) Newman, D.C., Esq. Doctor of Chiropractic Attorney and Counselor at Law 607-229-5184 newman.lawrence@gmail.com http://www.ithacadwi.com
