BASICS OF VEHICLE AND TRAFFIC LAW IN NYS

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1 BASICS OF VEHICLE AND TRAFFIC LAW IN NYS Jonathan Cohn Gerstenzang, Sills, Davis, Cohn & Gerstenzang What information you need to know Client's driving history -- possibly lifetime record (MV-15) Accident Alcohol involvement Office policies 2 Courts outside of the 5 boroughs and Rochester Plea bargaining The goal is a non-moving, 0-point violation Contacting the Court Letter of representation Enter plea of "not guilty" Request supporting deposition Plea by mail/in person 3 4 Dear Sir/Madam: Sample letter of representation Please be advised that this office has been retained to represent with regard to the above-referenced matter. In this regard, please accept this letter as an entry of a plea of "not guilty" on behalf. Correspondence from the Court Notifies you of the next date Allows time to negotiate In addition, I am requesting that a copy of the ticket and supporting deposition be faxed to our office at the Court's earliest convenience /

2 Negotiating with the prosecutor by mail Copy of the ticket/supporting deposition Driver's abstract Proof of insurance, if accident Brief explanation Sample letter to the prosecutor Please be advised that this firm represents ---- with regard to the above-referenced matter. In this regard, enclosed please find: (a) a copy of "clean" driving abstract; (b) a copy of the ticket and supporting deposition; and (c) a self-addressed, stamped envelope. There was no accident or alcohol involvement in this case. Accordingly, would you please consider reducing the charge to a violation of VTL 1201(a). 7 8 Negotiating in person Waiver of appearance Be prepared to provide the following: Driver's abstract Proof of insurance Whether there was alcohol involvement Waiver of appearance (notarized) I, , the above-named defendant, whose address is , New York -----, do hereby waive my right to personally appear in Court on the charge of Speed in Zone, in violation of Vehicle and Traffic Law ("VTL") 1180(d), currently pending against me. I authorize the law firm of Gerstenzang, Sills, Davis, Cohn & Gerstenzang, my attorneys, with offices at 210 Great Oaks Boulevard, Albany, New York 12203, to proceed on my behalf in this matter without my presence, to negotiate a plea bargain on my behalf, and to enter a plea in accordance therewith What is a supporting deposition? Supplements the ticket Supports or tends to support the charge Should you request a supporting deposition? Must request within 30 days after the defendant is directed to appear Officer must serve the supporting deposition within 30 days of request to Court Officer must file proof with the Court /

3 Move to dismiss Failure to provide a timely supporting deposition Facially insufficient 14 The DMV Point System There are 2 important rules you must remember 11 points is too many Avoid 3 speeding tickets in 18 How the DMV calculates points Violation date -- not conviction date Last What happens if your client has 11 or more points in 18? Persistent violator = suspension DMV offers plea bargain 31-day suspension Why 31 days? Eligibility for restricted use license Plea bargain with the DMV /

4 Point & Insurance Reduction Program Eligible for the course every 18 Up to 4 points in the last 18 Reduces insurance premiums by a minimum of 10% of base rate for 3 years Convictions are not removed When should your client take the course? Anytime after the violation date Take the course prior to the conviction Driver Responsibility Assessment 6 points in any 18-month period $100 each year for the next 3 years $25 for each additional point Completion of course will not reduce the calculation of points 3 speeds within 18 6-month license revocation Likely eligible for a restricted use license Restricted use license Employment Accredited school, university or state approved institution (not high school) DMV Medical examination or treatment (for self and members of household) Child care Negative units ("safety factors") Hidden DMV point system Only applies if revoked 25 or more negative units is bad Extends the time your client cannot drive /

5 Junior license Class DJ or MJ license (16-18) 60-day suspension for "serious traffic violation" or 2 other violations 60-day revocation for another violation within day suspension for texting or cell phone violation Traffic Violations Bureau ("TVB") Non-criminal traffic cases handled administratively by the Department of Motor Vehicles New York City and Rochester TVB Ticket Management for Attorneys Plea bargaining at the TVB? Very different system from upstate system No plea bargaining Similar to a chemical test refusal hearing How long do most convictions stay on the driving record Calendar year plus 3 Alcohol convictions remain on driving record for 10 years Suspension v. revocation Significant difference Taken away for a period of time Cancelled, must reapply to the DMV /

6 New regulations 2012 everything changed A traffic ticket can result in a lifetime license revocation Revoked for a non-dwi related offense For example: 3 speeds Leaving the scene of PIAA Speed contest 3 or 4 DWI-related incidents within 25 years Revocation period + 2 additional years + restricted use license for 2 years Client convicted of a high-point driving violation For example: cell phone and texting infractions, reckless driving, failing to stop for school bus, high-point speed DMV will review your client's lifetime driving record Within last 25 years 3 or 4 DWI-related convictions Serious driving offense ("SDO") A fatal accident A driving-related Penal Law conviction Conviction of 2 or more high-point driving violations (5 or more points); or 20 or more total points Permanent denial Lifetime review Legal challenges 5 DWI-related convictions Permanent denial Conflict with existing law addressing multiple offenders Separation of powers Applied retroactively /

7 Insurance considerations Contact information Conviction date -- not violation Larger companies have 5-year window for new business/renewal Increase for basic tickets is approximately Surcharge for DWIs lasts for 39 Jonathan Cohn Gerstenzang, Sills, Davis, Cohn & Gerstenzang (518) (o) (518) (c) /