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Speeding Ticket Conviction Reversed in Ovid Town Court (Seneca County, NY)

A county judge reversed a speeding conviction from Ovid Town Court after the lower court failed to provide the required appeal materials. The ruling, based on People v. Feltes, cleared the client’s record, refunded the fine, and reinforced that missing appellate records can void a conviction under New York law.

VTL § 1252(a) – Interfered with Motorcyclist’s Use of Lane

New York gives motorcycles the full use of a lane. A VTL § 1252(a) ticket alleges your driving deprived a rider of that space. Penalties can include fines (up to $150 / $300 / $450 for 1st/2nd/3rd within 18 months), up to 15/45/90 days jail, 2 points, and surcharges ($88 other courts / $93 town & village)...

VTL § 1198-7(a) – Use of vehicle without ignition interlock

Although a charge under New York Vehicle & Traffic Law § 1198-7(a) may seem like a minor violation, motorists should not dismiss it as insignificant. Operating a vehicle without a required ignition interlock device carries escalating fines, mandatory surcharges, and the possibility of jail time...

VTL § 1194(1)(b) – Refusal of Breath Screening Test in New York

This statute applies when a driver declines to submit to a roadside breath test (also known as a preliminary breath test or PBT) requested by a police officer.

Speeding Ticket Dismissed in Malone Town Court

Malone Town Court dismissed a speeding ticket after the prosecution’s paperwork was unsigned and unsworn. The Benjamin Goldman Law Office secured a full dismissal.

VTL § 1192(4) – DWAI (Drugs) in New York

Under VTL § 1192(4), it is illegal to operate a vehicle while your ability is impaired by drugs, whether prescription or illegal substances. A conviction can result in fines, license suspension, and even jail time. These charges are taken seriously across New York and often require strong legal defense.

THREE QUESTIONS TO ANSWER WHEN YOU RECEIVE A TRAFFIC TICKET | Benjamin Goldman Esq.

When motorists are given a traffic ticket they are often faced with a three step dilemma.

Certificate of Disposition for a Traffic Ticket

This official piece of paper will indicate the final result of the charge(s) you were facing.

Does Your Traffic Court Waiver Need to Be Signed Before a Notary?

New York State law allows defendants to “waive” their personal appearance in traffic court, meaning your attorney can go to traffic court in your place.

FEES & EXPECTATIONS: HIRING A TRAFFIC LAWYER IN NY

Experienced traffic ticket attorneys can maximize your opportunity while you stay at home, at your job, or in school.

Four Justice Courts with Ballston Spa Address

There are four New York State justice courts with a Ballston Spa address.

How do New York Traffic Tickets Impact a New York State Probationary License?

After a New York driver obtains their full time driving privileges they are placed in a six-month probationary period.

How do Traffic Tickets Impact Insurance Rates?

If there is increased exposure to liability, the insurance company will raise the premiums to balance out their exposure to liability.

Leaving the Scene of an Accident between a car and an animal

You only need to stop if the accident is between a “horse, dog, cat or animal classified as cattle.

Leaving the Scene of an Accident

An allegation of leaving the scene of an accident is serious, ranging from a traffic ticket to a felony.

New York State Motorist With a Traffic Ticket in Another State

Unlike most other states, New York will not put out-of-state traffic convictions on your driving record.

North Syracuse's Village Court has Closed

In a cost saving measure, the North Syracuse Village Board voted to abolish the North Syracuse Village Court.

Milan Town Justice Honorable Kenneth J. Kremenick Passes Away

On June 28th, 2022, the Honorable Kenneth J. Kremenick passed away unexpectedly.

PRETRIAL CONFERENCES: NEW YORK VEHICLE & TRAFFIC LAW (“VTL”)

The New York Vehicle and Traffic Law (“VTL”) sets forth a relatively straightforward plan for the adjudication of traffic tickets.

South Nyack’s Village Court has Closed

On December 17th, 2020, the residents of the Village of South Nyack voted to dissolve their village and their 142-year-old government.

Can You Receive A Ticket For Driving Too Slowly?

One of the rarest citations issued in New York is for driving too slowly.

TICKET ISSUED BY NYC DEP

New York ruled that NYCDEP officers are authorized to issue traffic tickets in the vicinity of watersheds they are protecting.

TICKETS ISSUED AFTER AN ACCIDENT

Subsequent to their investigation the police will often issue traffic tickets to the parties involved in the accident.

VEHICLE & TRAFFIC LAW SECTION 1101 “REQUIRED OBEDIENCE TO TRAFFIC LAWS

VTL1101 describes what constitutes a violation of the rules of the road but is not in and of itself a violation of those rules.

VTL 385 Overweight Ticket

VTL-385 relates to the weight maximum of trucks.

VTL 512, Driving With a Suspended Registration

In the vast majority of cases, a suspended registration stems from an insurance lapse.

What is a VTL-1180E Ticket?

VTL 1180 includes all the types of speeding violations.

What is VTL 1213a? Driver’s View Obstructed Ticket

Driving with an obstructed view is a violation of New York State traffic law.

I Received a Traffic Ticket in the Village of Kaser, New York. Now What?

Tickets issued in Kaser are to be adjudicated at the Ramapo Justice Court.

VTL 600(2)(a) - Leaving the Scene of an Accident with Personal Injury

One of the most serious traffic related charges is for leaving the scene of a car accident in which someone was injured.

Key Takeaways from NHTSA RADAR Manual: How are speeding tickets written?

Operators of radar devices are taught a specific process when handling the radar devices.

People v Caballero

Defendant was initially charged VTL 1144-AA, “Failure to Move Over”, but the judge overturned the convicition.

People v Konefal

Defendant was initially charged VTL 1180(d), “Speeding”, but the judge overturned the convicition.

VTL 1111(d)2a, Failed to Yield Right on Red

Motorists are generally allowed to make a right turn at a redlight, however, they are required to yield to pedestrians and other traffic.

VTL § 1122(a) “Passed on Right”

VTL 1122(a) can be issued when a motorist improperly passed another car

Speedy Trial and Traffic Tickets

In New York State there are speedy trial rights for traffic tickets.

Vehicle & Traffic Law § 1125(a)3 “Drove to Left Bridge/Tunnel”

VTL 1125-a-3 puts the onus on motorists to move to the right when they are approaching a bridge or tunnel if they are causing views to be obstructed.

VTL § “1130 (1) “Driving Over Dividing Space”

This statute pertains to the requirement that motorists stay out of the dividing area between the lanes of opposite traffic

VTL § 1130(2), “Improper Entrance or Exit from Controlled Access Highway”

VTL 1130(2) concerns highway entrance lanes and highway exit lanes

VTL § 1144-a(c) “Failure to Move Over for Emergency Vehicle Displaying Blue or Green Lights.”

VTL 1144ac is part of the laws regarding the requirement to move out of the right lane when there are vehicles on the right-hand shoulder

VTL § 1145, “Failed to Yield at Traffic Circle”

VTL 1145 requires motorists to yield to other vehicles that entered the traffic circle first

VTL § 1146(b), “Caused Physical Injury by Failing to use due Care”

VTL 1146(b) concerns incidents when the failure to exercise due care resulted in an injury to a pedestrian or a bicyclist

Vehicle & Traffic Law § 1146-A “Approaching Horses”

VTL § 1146-a is a statute regarding vehicles approaching horses that are riding on a highway or street

VTL 1192.2a, "Aggravated Driving while Intoxicated"

If you are intoxicated with a BAC over .18, you will be charged with an Aggravated DWI

Appellate Court Overturns Work Zone Conviction

On September 4, 2024, Judge David Renzi issued a decision overturning the conviction in Adams Town Court and ordered that the speeding charge be dismissed

Vehicle & Traffic Law § 1164(a), “No signal lamps (certain vehicles)”

VTL 1164-a is related to the requirement to signal to other motorists when turning, changing lanes, or stopping

Tickets Get Dismissed in Middletown After Trooper Fails to Identify Defendant

At trial, the trooper failed to identify the Defendant in any way, resulting in a dismissal

VTL § 1171 (a), “Failed to Stop at Railroad Crossing (certain vehicles)”

VTL 1171(a) requires motorists of certain vehicles to make a complete stop at a railroad crossing regardless of a warning of an oncoming train

New York Courts located within the National Register of Historic Places

National Historic Registered Places

VTL § 1173 “Failed to Stop Emerging From Alley/Driveway, Etc.”

VTL 1173 is issued when a motorist emerging from a driveway (or similar) does not make a full stop before crossing the sidewalk or entering the roadway

Cortland County Court Dismisses Speeding Ticket Because People Were Not Ready in 30 Days

Cortland County joined other New York State County Courts in ruling that that § CPL 30.30(1)(a) applies to traffic tickets

Vehicle & Traffic Law § 1216 “Coasting on Downgrade (Neutral)”

VTL § 1216 prohibits motorists from putting their car in neutral while going downhill