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New York law allows a person injured by someone else’s negligence to file a lawsuit and ask for damages.  But the type of damages that you can recover depends on how the injury affects your life. In a personal injury case, those damages are typically thought of in two ways: non-economic damages and economic damages.
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By Ralph Habib, Esq. Criminal Procedure Law Article 690 governs Search Warrants As Americans, we all have increased expectations of privacy in our homes.  Pursuant to the 4th Amendment, we are supposed to enjoy a life free from being subjected to unreasonable government searches and seizures.  A search warrant is an instrument used under specific circumstances by law enforcement to pierce the protection of these expectations.   How Are Search Warrants Granted and by Whom? A local criminal court may, upon an application of a police officer, or other designated law...
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We help many drivers licensed outside New York State. Many out-of-staters call mention that, unlike their home state, the NY ticket does not state how much the fine will be, how many points the conviction will be, or any other consequences of pleading guilty. Prompted by our out-of-state clients, here are 7 answers to questions that care not answered by looking at the ticket. 1) How Many Points is My Ticket? Points attach as matter of law for each conviction, even though you will not see any mention to them on the ticket or even in court. The most common tickets are issued for speeding...
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A traffic diversion program gives you the opportunity to have certain tickets dismissed. There are currently six counties in New York with such programs. So if you have a ticket pending in any court in Allegany, Broome, Livingston, Otsego, Tioga, or Wyoming county, this article is for you.
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Deputy Sheriff Michael Quigley of the Onondaga County Sheriff’s Department has given more tickets than any other person in the county over the last the years. He gives about 10 to 20 per day in the Syracuse-area, giving 67 in one 14-hour period.
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There are 2 relevant time periods involved: 1) the eighteen month window and 2) three years after a traffic conviction.
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. I challenge the prosecution’s discovery practices and evidence in a DWI case early on, way before trial. I first try to bring any challenges to the DA because DA’s are busy; they have dozens of cases, and they rarely want to spend a lot of time and effort on a case...

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Carriers operating a commercial vehicle on New York public highways are subject to a New York Highway Use Tax Law. This law requires that vehicles have a Highway Use Tax (HUT) decal indicating compliance with the law. Failing to have this decal creates a presumption that the vehicle is not in compliance with the law. Violations of Section 1815 are punishable as follows: First conviction: Fine between $100 and $250 Second and subsequent convictions: Fine between $250 and $500, or jail for up to 10 days A driver may also be deemed to violate Section 1815 if the driver: Operates a...
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If you receive a traffic conviction in New York State, Delaware will be notified of the offense as both states are members of the Driver License Compact. Once notified, Delaware may record the conviction and assess points against your Delaware license according to Delaware’s point system. If the New York ticket carries 6 or more points, in addition to the court fine, the New York DMV will impose an additional fine called a Driver Responsibility Assessment. To avoid points, fines, and potential insurance premium increases please call (315) 364-1155 to discuss your New York traffic...
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This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. The negotiation process in a DWI case generally includes an effort to reduce the charges to something less serious. For instance, if my client is a first time offender with a BAC under .13, a common result is getting the charges reduced to Driving While Ability Impaired (DWAI) with a fine of $500 and a surcharge of $260. The sentence is generally a conditional discharge with an instruction to...





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Featured Articles

Strategies for Defending DWI Cases in New York by DWI defense attorney David C. Bruffett, Jr.

Read excerpts from partner, David C. Bruffett's, chapter published in: "Inside the Minds: Strategies for Defending DWI Cases in New York" by Aspatore Books.