James M. Wagman, Attorney at LawTraffic Ticket Attorney Hudson Valley | Criminal Lawyer2024-03-11T12:41:44Zhttps://www.wagmanlaw.com/feed/atom/WordPressOn Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=487042024-03-11T12:41:44Z2024-03-11T12:41:44ZTesting units aren't always reliable
Despite the level of faith that many people have in breath testing technology, these devices often return inaccurate results. Even systems maintained by police departments can produce inappropriate or wildly inaccurate test results.
Devices owned and maintained by individual consumers or business establishments could have calibration issues. They might have actual mechanical issues impeding the administration of an accurate test. They might also have outdated software. Someone could perform a test that shows they are under the legal limit before leaving a bar or party, only to fail a breath test minutes later during a traffic stop.
The inaccuracy of the testing unit is only one issue. There is also the possibility of someone's BAC continuing to rise after they leave the establishment. The more that they drink shortly before they leave and the faster they consume the alcohol, the better the chances their BAC might be higher by the time a police officer pulls them over on suspicion of impairment.
While on-demand breath testing does not always guarantee sobriety, it can help to establish an intent to follow the law. Recorded breath test results might also help someone develop a defense strategy after a DWI arrest. Understanding the limits of different tactics to reduce DWI arrest risk may benefit those who regularly enjoy alcoholic beverages.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=487032024-03-07T15:33:03Z2024-03-07T15:33:03ZTechnical infractions relate to blood alcohol levels
The DWI statute in New York makes it illegal to drive when someone knows that alcohol or other substances have affected their abilities. However, someone can believe that they are perfectly capable of driving and still be at risk of a DWI arrest. The law makes it illegal on its own to have too much alcohol in one's bloodstream.
Technical infractions are just as illegal as someone getting behind the wheel while visibly impaired by alcohol. For the average driver who is at least 21 years old and in control of a personal motor vehicle, the blood alcohol concentration (BAC) limit that applies is 0.08%. Regardless of someone's driving skill, test results of over 0.08% could lead to their arrest and prosecution.
A teenager who is not yet old enough to legally drink could face criminal charges with a BAC of 0.02% due to New York's zero-tolerance law for underage drivers. Someone driving a commercial vehicle like a semi-truck could face technical or per se DWI charges for a BAC of 0.04%.
A per se violation is an offense regardless of impairment. Simply being over the legal BAC limit is a crime on its own. The state does not need any proof that the alcohol affected someone's driving ability if there are test results affirming that they are over the technical limit given the type of license that they have.
The defense strategies that someone might choose in a per se DWI case are different than in cases where police officers allege someone had impaired ability. Learning more about New York's DWI statutes, and seeking legal guidance accordingly, may help people better respond to pending criminal charges.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=487022024-02-10T23:54:31Z2024-02-10T23:54:31ZA lawyer can appear on behalf of a client
Most of the time, someone facing legal challenges has an obligation to appear in court. However, the decision to hire an attorney can often eliminate that requirement. The lawyer representing someone in a traffic ticket case can stand in for their client during certain court proceedings.
Often, an attorney in New York can argue a traffic citation case without their client returning to the state. Other times, they may be able to make arrangements for their client to appear via video conferencing technology so that they do not need to be physically present in the courtroom to make their case.
A New York traffic ticket could affect someone's driver's license in their home state or even in Canada. If someone drives commercially, a citation in New York might make them ineligible for a commercial driver's license. Employers who require driving as part of someone's job might refuse to accept the additional insurance costs generated by paying a traffic ticket and may demote someone or even terminate them because of their traffic citation.
Even when a ticket is the result of someone's conduct in their own vehicle and may not have any impact on their licensing, fighting a ticket could potentially save them hundreds of dollars each year in insurance premiums. If a business trip or vacation to New York resulted in an expensive traffic ticket, paying the citation is not necessarily the best or only solution available. Partnering with a New York traffic ticket lawyer might help out-of-state drivers successfully fight against a recent citation.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486992024-01-10T20:22:41Z2024-01-10T20:22:41ZWhat is the AWZSE program?
The Automated Work Zone Speed Enforcement (AWZSE) program, managed by NYSDOT and the New York State Thruway Authority (NYSTA), began its rollout last spring. It uses radar and cameras to detect and identify speeding vehicles in construction and maintenance zones. This equipment is on mobile units so it can be placed in whatever areas are determined to require monitoring on any given day.
The information is reviewed by a technician before a “notice of liability” is sent to the registered owner of a car found in violation of the law. They’re responsible for paying the fine even if someone else was driving. Those from out-of-state aren’t exempt from these citations.
What are the consequences of a violation?
The good news is that these violations won’t affect the points on someone’s driver’s license, and insurance companies aren’t notified when they occur. However, fines begin at $50 for a first-time work zone speeding offense. Three or more within 18 months will start costing drivers $100 each. Those who procrastinate dealing with a notice of liability can face late fees on top of that. If someone ignores a notice completely, they won’t be able to renew their vehicle registration until they deal with it.
Vehicle owners have up to 30 days to contest a notice if they believe they have grounds to do so. For example, maybe the speed limit wasn’t posted or was obstructed. Perhaps the vehicle had been stolen or otherwise wasn’t a motorist’s legal responsibility at the time. If you believe you were wrongly cited in such ways, you may want to seek legal guidance to determine how best to handle the matter.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486982023-12-13T14:14:40Z2023-12-13T14:14:40ZThe overall speed determines the points
New York has a relatively thorough driver's license points system. There are five different categories of speeding tickets, and each type of ticket carries a different number of points. Anyone who pays the ticket effectively pleads guilty to the alleged infraction.
The number of miles per hour (mph) someone was allegedly over the limit determines how many points the ticket carries. Someone accused of driving between one and 10 mph over the speed limit receives a ticket that carries three points. A ticket for traveling 11 to 20 mph over the limit adds four points to someone's license.
Those accused of exceeding the limit by 21 to 30 mph could have six points added to their record. Infractions involving speeds between 31 and 40 mph over the limit carry eight points. Anyone cited for traveling over 40 mph over the limit could add 11 points to their record all at once. Someone only needs to accrue 11 points in an 18-month period to face license suspension in addition to the fines associated with each individual ticket.
There are many different ways for someone accused of a traffic offense to defend against a recent citation. Not only will someone need to pay the ticket, but they will also need to absorb the consequences that come with adding points to their license. Some people can lose their driving privileges, while others may end up paying far more for insurance.
Ultimately, effectively defending against a traffic citation can help people preserve their driving privileges and protect their finances.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486962023-12-08T19:56:54Z2023-12-08T19:51:44ZTraffic offense vs. criminal offense
Driving with a suspended license in New York is a criminal offense and not just a traffic offense or ticket you pay; get a few points added to your record and return to normal. No, this criminal offense can result in substantial penalties, such as:
Fines imposed by the court
Probation period
Imprisonment
In addition, if law enforcement catches a person driving with a suspended license, the suspension period may be extended. The Department of Motor Vehicles (DMV) in New York takes these violations especially seriously and can impose additional penalties.
Let’s look at the potential consequences
Considering the consequences of driving with a suspended license is worthwhile because penalties can vary depending on each case. In some cases, the ramifications can last for a very long time, making it a life-altering event.
Fines and penalties
In addition to potential imprisonment and extended license suspension, which means the driver will not have driving privileges for an even longer period of time than the sentence they had before, penalties include increased fines and other financial penalties.
Vehicle impoundment
Law enforcement is able to impound the vehicle of an individual caught driving with a suspended license, adding an additional layer of complications and expenses. The individual caught driving without a valid license will be responsible for towing and impoundment fees, on top of other penalties.
Escalation of charges
Every additional charge adds up, and a conviction for driving with a suspended license becomes permanent on a person’s criminal record. Every subsequent offense does, too. This alone can have far-reaching consequences, affecting employment opportunities, housing opportunities, and the ability to get unsecured credit.
Given the severe consequences of driving with a suspended license in New York, it is critical to think twice about getting behind the wheel with an expired driver’s license. Even if you’re going to your neighborhood supermarket a few blocks away from home, the distance does not matter. Ensure you follow traffic laws, and if the state charges you for driving without a valid license, ensure you have a quality defense to protect your rights and advocate for you.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486952023-11-20T18:33:52Z2023-11-20T18:33:52Zreasons why the infraction occurred, not defenses against a traffic ticket. In fact, people sometimes assume that there is almost nothing they can do to defend against this kind of citation. But this is a misconception. There are actually some defenses that can be used against a speeding ticket.
What options do you have?
Defenses to a speeding ticket can vary depending on the circumstances surrounding the ticket and unique factors that impact every traffic stop. Some potential defenses that individuals might use to challenge a speeding ticket include:
Inaccurate Speed Measurement: Challenging the accuracy of the speed measurement device used by law enforcement officers. This could involve questioning the calibration and maintenance records of radar guns or other speed detection tools.
Mistaken Identity: Claiming mistaken identity if another vehicle was mistaken for yours or if someone else was driving your car when the violation took place.
Faulty Equipment or Vehicle Malfunction: Demonstrating that the speed was a result of a malfunction in the vehicle's speedometer or other mechanical issues beyond the driver's control. Changing tire sizes can sometimes affect speedometer accuracy, for instance.
Necessity or Duress: Similar to emergency situations, claiming necessity or duress may be a defense if the driver was compelled to speed to avoid greater harm or danger. That said, emergency claims – like rushing someone to the hospital – don’t always override a ticket. An officer usually still has the option to give out that ticket, even if they think the driver’s choice was rational.
Errors in Procedure or Documentation: Challenging the ticket on the basis of errors or mistakes made by the law enforcement officer in recording the violation, including incorrect date, time, location or vehicle details.
It's essential to understand the specific laws and regulations in the area where the ticket was issued and to review the circumstances surrounding the citation to determine the most appropriate defense. If you have gotten a citation, consider seeking legal guidance accordingly.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486942023-10-25T13:34:11Z2023-10-25T13:34:11Za few key reasons why their results could be wrong.
Officer errors
First and foremost, police officers can make mistakes when administering a test. Perhaps a officer lacked training or was never trained at all. Maybe it was their first time ever using a breath test device on their own. If they made a critical mistake, the results could be wrong.
Maintenance and calibration issues
On top of that, breath tests require regular maintenance and calibration. If there are no records that this actually happened, a breath test may not be functioning properly, but no one would know. A neglected breath test could also provide inaccurate results.
Not an approved device
Furthermore, it’s very important that police officers only use officially recognized devices that are on a specifical approval list. Aftermarket devices or consumer model devices are not allowed.
Mouth alcohol
In some cases, a person may have alcohol in their mouth that makes a breath test give a drastically higher reading than is accurate. This could happen if someone had just use mouthwash, for example, or if they burp while taking their breath test.
Defense options
These are just a few examples of how a test could be wrong, though every case is unique. It doesn’t take much inaccuracy to move someone up over the legal limit. As such, anyone facing drunk driving charges need to know exactly what legal options they have available by seeking legal guidance promptly.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486932023-10-21T02:06:27Z2023-10-21T02:06:27Zyield to pedestrians in crosswalks and at intersections.
However, those tickets are not always fair. If you’re facing a hefty fine, points on your license and a higher auto insurance premium because of allegations that you failed to yield to a pedestrian, it can pay to explore the possible defenses.
There was no right-of-way
One of the most common defenses is that the pedestrian did not have the right-of-way at the time. Generally speaking, pedestrians are supposed to use crosswalks or intersections where they’re available, so you may have a viable defense if the pedestrian in question stepped off the curb in the middle of the street and started to jaywalk to their destination.
The pedestrian’s behavior wasn’t predictable
Sometimes, pedestrians may behave erratically or unexpectedly, which can make it challenging for a driver to stop their vehicle in time. If a pedestrian suddenly darts into the roadway between two vehicles or steps off the curb without warning after you’ve already started to turn, you may have a valid defense for your inability to yield.
There was a pedestrian overpass or tunnel
Pedestrians don’t have an absolute right-of-way. When there’s a tunnel or overpass that’s been provided for their use at the intersection and they choose to use the road instead, pedestrians are expected to yield to vehicles.
There was someone directing traffic
Traffic control can be a big problem, especially if you venture into a city – but both pedestrians and drivers are expected to follow the signals given by police officers and construction workers when they’re directing traffic. If a pedestrian ignores the directions they’re given to stop and walks into your path after you’ve been motioned forward, it could be very difficult to yield safely.
Drivers do need to prioritize pedestrian safety and adhere to the laws regarding rights-of-way, but there are many situations where a driver may have valid defenses to a failure to yield charge. Understanding these defenses and seeking legal guidance can, therefore, potentially help you fight an unfair ticket successfully.]]>On Behalf of James M. Wagman, Attorney at Lawhttps://www.wagmanlaw.com/?p=486902023-09-22T12:51:06Z2023-09-22T12:51:06ZRestrictions on driving privilege
Since 2009, Leandra's Law in New York has granted courts the authority to place an IID restriction on someone's license after a DWI conviction. The convicted driver cannot lawfully operate a vehicle unless it has an IID installed for as long as the restrictions apply to their license. Most people convicted of a DWI in New York will the subject to an IID requirement that lasts for at least six months. In some scenarios, people may need to keep the device installed for longer.
Costs and regular appointments
The person convicted of a DWI subject to an IID requirement will need to pay to have the device installed in their vehicle. They will also need to present the vehicle for inspection and maintenance 30 days after installation and bi-monthly for as long as they have the IID installed in the vehicle. There will be a cost for each of those appointments.
Penalties for non-compliance
Those who drive a vehicle without an IID installed can expect to face consequences. They could lose their license or have other penalties imposed depending on the circumstances of the traffic stop.
The only sure way to avoid an IID requirement is to avoid a DWI conviction. Fighting back against New York DWI charges may help people protect their finances and sense of personal freedom.]]>