This article discusses the specific criteria the NY DMV uses to determine whether to relicense a revoked driver.
Dashboard camera evidence may be available at a trial, but usually not before.
Yes, the officer may visually estimate your speed and the judge may rely on the officer’s opinion of your speed to support a conviction. Of course, the officer has to be properly trained in such independent visual estimation, have experience in doing so, and have an acceptable level of accuracy.
Professional drivers are the backbone of American commerce. The job however, holds some particular risks especially for the new professional driver. Learn more about drowsy driving.
On April 1, 2010 the Court Appeals decided the case of People v. Mothersell and dismissed an indictment based on evidence seized during the execution of a warrant that claimed the authority to search all persons present.
The Court stated there was a "possibility of a valid any-person-present warrant, it does not appear that this Court has ever actually sustained such an instrument. While such a case may well come before us, it is not this one." (Slip Op. pg 4.)
If you received a second page attached to your uniform traffic ticket, it is likely a Supporting Deposition / CPL 710.30 Notice. This second page combines the Supporting Deposition, at the top of the page, with an NYS Criminal Procedure Law 710.30 notice, at the bottom of the page. The NYS CPL 710.30 notice makes you aware of any statement that the People intend to use against you.
If you made any statements to the officer, that they intend to use against you when prosecuting your case, those statements will be provided at the bottom of the supporting deposition.
What is a Supporting...
"Traffic Infraction is defined by the New York Vehicle and Traffic Law section 155.
A traffic infraction is not a crime. If you are charged with a traffic infraction, as opposed to misdemeanor or felony, it means that you do not have to appear in court and you may answer the ticket by mail. That answer may be "guilty" or "not guilty." We strongly advise against pleading guilty without first seeking a reduction.
A misdemeanor, on the other hand, is a classified as a crime and requires a physical appearance in court for an arraignment. Misdemeanors also...
Plea Bargaining for a Reduction
The overwhelming majority of traffic tickets, that drivers do not plead guilty to, are resolved through plea bargaining. Plea bargaining occurs with the prosecutor whereby the prosecutor makes an offer to the driver to plead guilty to a reduced charge. The reason the prosecutor makes these offers is to resolve the case. Otherwise the prosecutors would have to have a trial for every ticket. The prosecutor also seeks to serve the interests of justice. The amount of the reduction is a matter for argument.
For example, a driver is charged with...
Are you wondering what is means to charged with imprudent speed? Read this post for a description and to learn the fines and consequences.
This post lists the fines and consequences of convictions for the most common types of speeding tickets.