Ithaca Lawyer Is Your Driving Record really Good, Bad, or is it Ugly?

People are funny. They call me about a speeding ticket or a moving violation. I often ask them, so how's your driving history (record) ? and they always say, "oh it's good." Is it really?

The Objective vs. the Subjective

Remember everything is relative. The range of Good to Ugly = A relationship between your age, your time as a driver (having a license), and what you have done or not done (violations).

Why is it Always TWO?

Just like almost every DWI client tells the police officer I had 2 drinks (2 beers, 2 glasses of wine), it is like the default setting to say I only had 2.

Why Your History Important?

There are always three potential defenses to a traffic (i.e.. speeding) ticket:

1. Factual defense: facts other than what they were?
2. Legal defense: improper (illegal/unconstitutional) police activity or filing or proof.
3. Equity defense: You deserve a break based on your exemplary past.

So is your history good, bad, or ugly?

Can it be used to help you or is it going to hurt you?

The reality:

No tickets within the past 18 months = good
No tickets within last few years = great
Two or more tickets within the past two years = bad
Three or more tickets within past three years = ugly

Young driver = driving less than five years and multiple traffic offenses = BAD History

Have your record and traffic tickets reviewed from a "reality" perspective.



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

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

Reviews & 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

Articles on NY DWI & Criminal Defense: http://ezinearticles.com/?expert=Lawrence_Newman

Ithaca Cortland Lawyer How to Understand (and Interpret) Your NY DMV Driving Abstract

If you have a driver's license then you also have a driving history. In fact, you may have a driving history in more than one state because you have moved from one area of the country to another (ie. having more than one license to drive) OR because you have gotten tickets (violations) in more than one state.

A license History = a driving Record = a driving Abstract. 

They all mean the exact same thing. Different states refer to them by different names. In New York State, it is called an ABSTRACT. If you go into your local DMV office you would fill out a form for an abstract request, current fee is $10.00. Some states allow you to go online, and get a non-certified copy of your record as well.

Lifetime Driving Histories in NYS

NYS does not allow you to choose the number of years of history displayed on your abstract. Local offices go back 10 years (at a minimum). Most infractions will stay on your record (locally that is) for 4 years. DWs of all types will be on your record forever.

Many other states allow you choose how many years of history you want. You can request a 3 year, 5 year, or a 10 year driving record. NYS DMV in Albany has the lifetime driving records of all NYS license holders. What is more alarming is that they are now holding these past lifetime record of moving violations, non-moving violations, accidents, points, DWs, and any traffic related matters against people. Something you did 25 years ago may return to haunt you today.

To understand your NYS DMV abstract you must first look at three things:

1. Violation Type: this will be displayed in VTL format (vehicle and traffic law section) and a brief description of the infraction. It could even be a misdemeanor (criminal) VTL, not necessarily a non-criminal violation level offense.

2. Date of the Violation: this is the date that the incident occurred, that you were cited by the police. This is by far the most important date to consider when calculating time periods.

3. Date of Final Court disposition: This is the date that the court accepted your guilty plea (to something) or you were found guilty (after a trial).

TO FIGURE OUT YOUR EXPOSURE (potential) to a New York LICENSE SUSPENSION  

From the date of your current violation go back 18 months to see what the points or speeds add up to.
Remember the law is that if you have gotten 3 speeds (speeding tickets) within 18 months or have accumulated 11 total points within 18 months = A License Suspension.

ie. if you have a current (pending) speeding ticket (violation date) and you have two others (by violation dates) within the past 18 months YOU are now facing a driver's license (privilege) suspension in NYS if you are found guilty or plea guilty to this pending speeding ticket.

ie. if you have a current (pending) moving or non-moving violation with 4 points and you have 7 prior points on your driving record within the past 18 months YOU are now facing a driver's license (privilege) suspension in NYS if you are found guilty or plea guilty to this pending violation ticket.

If you have taken a Defensive Driving Course (in NYS this is one of the PIRPs) then some points may be negated from your record for a time period. Generally up to 4 points can be negated (not count) towards your total points. The PIRP = point insurance reduction program.

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

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

Reviews & 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

Articles on NY DWI; Criminal Defense: http://ezinearticles.com/?expert=Lawrence_Newman

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

Fighting for What's Right: Can Police Issue Tickets for Violations They Never Saw?

Car off the road, and then you get tickets, was your speed Not Reasonable and Prudent?
from lefrancophoney.com

I'd like to imagine I'm a pretty easy going guy. Don't ask my wife about this, because she knows better and believes that I can be a big PITA (pain in the ass). Certain things just bother me. I'm annoyed by unfairness and unprincipled conduct. So that means I must spend a large majority of time away from people, government, and businesses to avoid being mad.

Maybe that's why I moved to the boonies? Yeah, Ithaca is the boonies when you were born and raised in Brooklyn.

Making Friends

I got into a little argument the other day with a Deputy. Great guy, dedicated, and bright but he believes he is entitled to write up people for speeding (traffic) violations he never witnessed. He stood in front of me and counted off reason after reason why he believes that people that go off the road MUST be going over the speed limit.

1. he arrived on the scene without going off the road
2. other cars passed without going off the road
3. he would testify to reconstruct the scene in court

So therefore, my client must have been speeding, as in "Speed Not Reasonable and Prudent" VTL 1180 (a).

Why this common and ongoing practice is illegal:

1. NYS CPL 140.10 (1) (b) prohibits (stops) a LEO (law enforcement officer) from making an arrest or issuing an appearance ticket (traffic ticket) for a violation (infraction) committed outside of their presence.

2. Officers, troopers, and deputies can only write unseen violations for three situations. All involve an accident, and/or leaving the scene and/or alcohol.

So the moral of this story is don't accept this common police practice sitting down as in just pleading guilty. Confront, hire an attorney, and take it and them to court.

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

Avoca Campbell Lawyer If the Cop is a "No Show" is the Speeding Ticket Dismissed?

Photo Courtesy of Corning City Hall
Can you tell the difference between a NYS Trooper and NYS Deputy?

Most people believe that the cops (officers, troopers, deputies) show up to Ithaca Court or hearings regularly. In most non-city Courts (town and village) the cops are usually housed in a separate physical facility.

In Tompkins County, the State Troopers are in Trooper Barracks, the County Deputies are located within the County Jail complex, and police officers have various locations depending on their jurisdiction. In many New York State City Courts the police are in the same or an attached building. This is how it is in Ithaca City Court. Ithaca City Police and the Ithaca City Court are together in one big building on Clinton Street.

Where are the Police?

I am usually asked by my clients, is the cop going to be there? Most people do not want to face their accusers. The physical face to face confrontation is very uncomfortable. While many like to believe that the cops live in or by the Courts, they usually only submit their paperwork to the Courts. This usually occurs via computer these days. After everything is written up, reviewed, and completed it is sent in for Court processing.

Unfortunately or fortunately they do not show up to anything Court related unless they are either subpoenaed (under penalty) to be there to testify against you by the prosecutor (assistant district attorney) OR they are there of their own free will (usually in a DMV administrative hearings on driver license matters).

The TRIAL of a Traffic Violation (ie . speeding) Case

Your case goes through a process of steps. These can occur over a period of days, weeks, or months.

STEP ONE 

Procedurally in a traffic violation matter, the initial (first) appearance (aka Arraignment) is where you place a plea of guilty or not guilty on the record with the court. This can be done by mail in these lower level cases. Misdemeanor (criminal) cases generally require your physical appearance in Court. This is because these types of charges can result in a punishment of up to one year in jail.

STEP TWO

The next step is called a PTC (pre-trial conference). This is usually a set specific time (date) when the DA or an ADA (assistant DA) will physically be in Court to settle and/or discuss cases. There may be more than one PTC depending on the case, the evidence, and any information that may help settlement or negotiations. Usually a specific ADA (is assigned) handles each specific Court. In Steuben County, in the Corning City Court they assign the Police Lieutenant to handle (negotiate) traffic matters. This is not typical but important to know.

STEP THREE

If your case cannot be resolved in the pre-trial conferences it must be scheduled by the Judge for a TRIAL. In a traffic case the police are then compelled to be there for trial AND IF they do not show up then you can be an automatic winner. Case is then dismissed by the Court. Depending on the Judge they may wait out the whole Court session (a number of hours) to dismiss the matter or if a City Court case the Judge may only give them 20 or 30 minutes.

PROOF is Always Required

Remember that in a speeding ticket or other traffic violation matter the government's (DA's) main witness against you is the cop. Without a main witness to testify and prove their case, they do not have admissible evidence against you. They can NOT and WILL NOT try you, and find you guilty on the police papers alone (after all this is hearsay evidence).

New York State DMV Hearings versus Traffic Court Trials

In contrast, in DMV driver's license hearings, the Judge can accept hearsay evidence against you or for you. The cops do not have to show to these hearings. The Judge can choose to take all the police reports, and documents into evidence against you. This is because your license to drive is a merely a privilege (not a right) and the Judge (ALJ = administrative law judge) has much more leeway.

So back to the original question, It's as Simple as 1, 2, 3

if the cop, deputy, or trooper is

1. scheduled to be there
2. for your TRIAL and
3. they do NOT show up,

then YOU WIN!  Case Dismissed!


Law Offices of Lawrence (Larry) Newman

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

The picture at the top of this blog comes from the wall of the Corning City Hall.