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.)
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.
A non - CDL driver will have their driving privilege suspended if they accumulate more than 11 points or have 3 speeding convictions in any 18 months period. New York has more strict suspension rules for drivers holding a Commercial Driver’s License (“CDL”).
The New York DMV will suspend a CDL for 60 days if the CDL holder is convicted of two “serious traffic violations” committed within a three year period arising from separate incidents regardless of whether the convictions occurred in New York State or outside of the state. The suspension period will be 120 days for three “serious...
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...
This charge is for talking on your phone while driving. This post lists the fines and consequences of a conviction that the ticket does not tell you.
Your ticket for speeding a construction zone does not state the fine or consequences of a conviction. This post does.
This post lists the fines and consequences of convictions for the most common types of speeding tickets.
Speeding in a school zone can be a sensitive issue for prosecutors and judges. Read this post to learn the fines and consequences of the school zone speeding ticket.