Reckless Driving and PIRP

According to New York Vehicle and Traffic Law (VTL) 1212, it is illegal drive in a manner that unreasonably interferes with the free and safe us of public road unreasonably endangers users of the public road.  The exact text of the law follows:

§ 1212 Reckless driving . Reckless driving shall mean driving or using

any  motor  vehicle,  motorcycle  or  any other vehicle propelled by any

power other than muscular power or any appliance or accessory thereof in

a manner which unreasonably interferes with the free and proper  use  of

the  public  highway,  or  unreasonably  endangers  users  of the public

highway. Reckless driving is prohibited.  Every  person  violating  this

provision shall be guilty of a misdemeanor.

 

Although a jail sentence is a possible penalty for a conviction, it is rarely used.  The usual punishment for violating New York’s reckless driving law is a fine up to $300 plus a court surcharge and five points on the driving record.

Having five points automatically tacked onto your driving record is significant.  In New York, if you accumulate 11 points in 18 months, your license may be suspended.  If you accumulate six points, you are obligated to pay a driver assessment fee of $300 plus $75 for every point over six.  In addition, a conviction for reckless driving will likely cause a hike in your NY insurance rate.

The best way to combat these points and increased insurance premiums is to hire an attorney to fight the charges.

If at the end of the case you still are assessed some points, you can enroll in New York’s Points and Insurance Reduction Program (PIRP).  PIRP is a safety-driving course that is offered by many private companies that have been approved by New York State .

Through participation in the course, you may be eligible to reduce as many as four points from being calculated towards license suspension.  Points are not actually removed from your driving record through PIRP; rather, up to four points currently on your driving record will not be applied against you when calculating a possible suspension.

Another consequence of completing a course for PIRP is that with reduction in points you may see a corresponding reduction in your auto insurance rates.

An aggressive NY traffic lawyer like Adam Rosenblum can help you combat a ticket for reckless driving.  By negotiating a reduced charge, a NY traffic attorney can help reduce your points and fees.  For a free consultation, email or call The Rosenblum Law Firm at 888-883-5529.

 

Reckless Driving In New York

Reckless Driving In New York Is A Crime

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Driving With Suspended License In New York

We are often contacted by a motorist with the following story: you were driving on a New York highway and you are pulled over by a state trooper. You know that one headlight is out and you realize that you might get a ticket for the missing headlight.  The police officer takes your license and registration.  The police officer returns and politely informs you that are driving with a suspended license.  At this point, you are facing a possible arrest and jail time if convicted for violating New York Vehicle and Traffic Law 511 Aggravated Unlicensed Operation of a motor vehicle.

Criminal Charge for Driving with a Suspended License In NY

Often a driver operating without a license is treated as any other criminal.  You can be handcuffed, fingerprinted and arraigned the same way as in a DWI or other criminal situation.

How Did I Arrive At This Point?

The most common scenario is that a driver received a ticket several years ago and never responded to it or responded but failed to pay a court fine.  According to the town court, the driver failed to appear.  A simple but ignored NY traffic ticket can mushroom into a violation of New York VTL 511, a criminal conviction with a large fine and possible jail time.

There are other causes of your driving license being suspended such as driving without insurance or amassing 11 points on your driving record in 18 months.  Read more.

New York Vehicle and Traffic Law 511 – Aggravated Unlicensed Operation of a Motor Vehicle

AUO in the third degree

AUO in the second degree

AUO in the first degree

How to Respond to a Ticket for NY VTL 511

Before responding to your Driving with Suspended License in NY ticket, call a NY traffic attorney.

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Drivers Pulled Over for New York Move Over Law

NY State Troopers Pull Over Nearly 200 Drivers in January for Violation of the NY Move Over Law

In the hope of raising awareness of the new NY Move Over Law, NY State Police pulled over 197 drivers on the NY Thruway during January 2012.

The original New York Ambrose-Searles Move Over Law went into effect January 1, 2011.  New York Vehicle and Traffic Law 1144-a requires motorists to use extreme care to avoid an accident when approaching an emergency vehicle stopped or standing on the shoulder of a road with its emergency lights flashing.

When you are driving in a multi-lane highway and you are approaching an ambulance that is standing on the side of the road, you need to slow down and move over to create a safe distance.  If travelling on a single lane road under similar circumstances, New York VTL 1144-a requires motorists to slow down and use caution.

The new NY Move Over Law went into effect January 1, 2012.  The amended NY VTL 1144-a extended the original law to include safety personnel involved in roadside assistance and highway maintenance.  Therefore, while travelling on a highway and approach a tow truck, HELP truck, maintenance vehicle or construction vehicle, you must exercise the same caution as if it was a state trooper or ambulance.

Drivers who violate the law could be fined up to $275, plus a court surcharge of $85, and sentenced to up to 15 days in jail. The driver also could be assessed three points on their driving record.

The impact of a conviction for violating New York Move Over Law on your insurance premium cannot be ignored.  Also, the three points that are tacked onto your driving record for a conviction of violating the NY Move Over Law is significant.  If you accumulate 11 points in 18 months, your license may be suspended.

Last year, New York State Troopers gave out 16,000 tickets for violating VTL 1144-a.

An experienced NY traffic lawyer may be able to help you reduce the number of points, lower the fine and save you money by employing aggressive negotiation tactics to reach the best settlement or “plea bargain” possible.  In most instances, an effective New York traffic attorney will achieve a resolution without you having to appear in court so that you do not have to miss work or spend your valuable time in court.

New York Move Over Law on YouTube

Move Over Law

Move Over Law includes Tow Trucks

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Knowingly Leaving the Scene of A Personal Injury Accident in NY is a Crime

Knowingly Leaving the Scene of A Personal Injury Accident in NY is a Crime

A recently released police report of the hit and run death of Mathieu Lefvre shows that a truck driven by Leonardo Degianni hit and killed Lefevre on October 18, 2011.  The police report concludes that the front driver’s tire hit the victim who was traveling on a bicycle.  Lefevre was thrown from his bicycle sustaining deadly injuries.

The truck, which exhibited evidence of the accident, was found a few blocks away from the scene of accident.

When police later found Degianni, the truck driver, and questioned him about the accident, they concluded that he was unaware that he hit anybody.  As a result, no charges were filed.

“There’s no criminality,” an police spokesman told Metro. “That’s why they call it an accident.”

Apparently, in this case, the driver’s defense of “I did not know” is enough for the police and District Attorney despite the strictness of New York VTL 600(2)(a).

New York VTL Law makes it illegal to leave the scene of an automobile accident without reporting.  The law is divided between leaving the scene of an accident where there was property damage and where there was personal injury.

Leaving the Scene of an Accident Where there was Property Damage

 

New York VTL 600-1a requires the driver of an automobile who, knowing or having reason to know that property damage was caused due to a motor vehicle accident operated by the driver, to stop at the place where the damage occurred and show his license and insurance identification card for such vehicle.  In addition, the driver must also provide his name, residential address, insurance carrier and insurance identification information.  The above information must be presented to person who suffered the damage or if he is not present to the police.  All of this must occur before leaving the scene of accident.

Violation of NY VTL 600(1)(a) is considered to be a traffic violation that is punishable with a fine up to $250 and/or a prison sentence of up to 15 days.

Leaving the Scene of an Accident Where there was Personal Injury

New York VTL 600(2)(a) mirrors the above law for property damage except that it applies to accidents where personal injury occurred.  It mandates that motorists, knowing or having reason to know that personal injury was caused due to a motor vehicle accident operated by the driver, stop at the place where the damage occurred and show their license and insurance identification card for such vehicle.  Likewise, VTL 600(2)(a) requires the driver to provide his name, residential address, insurance carrier and insurance identification information.  The above information must be presented to the injured person and/or to the police.  All of this must occur before leaving the scene of accident.

Punishment for hit and run where personal injury occurred is much more serious than an accident involving property damage.  For example, if the driver causing personal injury fails show his license and insurance information than he is guilty of a class B misdemeanor with a punishment of a minimum of $250.

For violations other than failing to exhibit license and insurance details, the crime of leaving the scene of an accident where personal injury occurred is a class A misdemeanor, punishable by a minimum fine of $500 but not more than $1,000.

Leaving the scene of an accident, whether property damage or personal injury occurred, is a very serious offense because it is a crime.  It is recommended that you cause an experienced NY traffic attorney as soon as possible so he can advise on all relevant issues.  Email or call 888-883-5529 today.

leaving the scene of an accident in NY

leaving the scene of an accident in NY

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