Archive for the ‘ Traffic Law ’ Category

“Move Over” Law In New York Now Includes Sanitation Vehicles

Posted on: November 30, 2016 by in Traffic Law
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If you drive in New York or anywhere else, you know that traffic tickets can usually be quite aggravating, and the drivers who receive them often feel that they have been singled out unfairly. In the state of New York, the important thing to understand about a traffic citation is that you must deal with it and resolve it. You may need the help of an experienced New York traffic ticket attorney. If you do not act on it, over time, a traffic citation could become a serious legal problem. Understand, too, that resolving a ticket does not necessarily mean paying the fine. Paying the fine is the equivalent of pleading guilty, and it puts points on your driver’s license.


Drivers in New York may feel like they already have enough rules to contend with, but since November 1, New York is now the twelfth state to enact a “Slow Down to Get Around” law for sanitation vehicles, which expands the preexisting “Move Over” law for construction crews and emergency vehicles. The “Move Over” law adopted in 2012 requires drivers to slow down when passing a construction zone or a public safety vehicle with flashing lights. By classifying garbage trucks and waste collection vehicles as “hazard vehicles,” the state now requires drivers to slow down or to stop if necessary when approaching a garbage or recycling truck in front of them.


Under the new Slow Down to Get Around law, drivers who speed past sanitation trucks are now subject to fines and points on their driver’s license. Jeff Schneggenburger is the traffic safety manager for Modern Disposal, a waste and recycling business that serves the greater Buffalo area and western New York. Schneggenburger emphasizes to his drivers what he calls “situational awareness,” because sanitation employees have to pay attention to drivers on the road around them while simultaneously completing their job responsibilities. Schneggenburger says the expansion of the Slow Down to Get Around law is “all about getting people home safe.”


Drivers in New York will need to provide sanitation employees who are at work behind the trucks with a safety zone of approximately fifty feet. A driver who is found in violation could be fined and receive three points on his or her driver’s license. The offense is called “failing to move over for emergency vehicles and hazard vehicles.” The new protection for sanitation workers is a response by state lawmakers to the 2015 death of 27-year-old Sean Tilghman, an employee of Taylor Garbage Services in Tioga County. Tilghman was struck and killed while working behind a collection truck unloading a garbage bin.


Federal traffic and labor statistics tell us that the waste and recycling industry reports about ninety fatalities annually per 100,000 workers – making it one of the nation’s deadliest occupations. Mike Spano, the mayor of Yonkers, says that sanitation workers are actually more likely to be killed on the job than firefighters or law enforcement officers. “It doesn’t need to be that way, and it is because people don’t treat blue garbage trucks with the same respect that they treat the school bus, firetruck, ambulance or police car.”

A reflective vest was the only safety equipment that Yonkers sanitation worker John Calise was using when he was injured at work in 2015. “I was dumping the pail on the back of the truck, put it back on the curb. I was coming back towards the truck when my partner had screamed to me ‘look out,’” the sanitation worker told CBS. “I remember tightening up, closing my eyes and then waking up in an ambulance.” He suffered a broken clavicle, two herniated discs, a broken finger, and he was out of work for ten months. “The new law, it’ll help us all out,” he says. “We want the public to know we’re out there, keep an eye out for us. It only takes another minute.”


The new law in New York does not set a precise speed limit for drivers who are passing sanitation and waste collection vehicles. However, drivers should slow down as if they were passing an active construction zone. Police in Yonkers and in other jurisdictions throughout the state have said that they will educate the public about the new law through verbal warnings, publicity, and social media before they start actually issuing tickets to drivers.


Frequently in New York, a driver who is ticketed for “failing to move over for emergency vehicles and hazard vehicles” will also be charged with other traffic violations at the same time, such as speeding, reckless driving, improper passing, unsafe lane change, or failure to yield the right of way. The state’s Department of Motor Vehicles (DMV) uses the Driver Violation Point System to assign points for particular traffic violations. If you receive six or more points in an 18-month period, you must pay a Driver Responsibility Assessment fee. If you pile up eleven or more points in an 18-month period, your driver’s license may be suspended.


You can’t just ignore a traffic ticket in the state of New York. At some point, every ticket must be resolved, or your driver’s license will eventually be suspended. If you ignore or forget about a ticket, the DMV will notify you that the ticket must be resolved or your license will be suspended. If your license is suspended, you will still have to resolve the ticket, and you will also have to pay a fee for lifting your driver’s license suspension.

Never pay a traffic fine in New York without fighting the charge. Paying without contesting the charge is an admission of guilt that not only puts points on your driver’s license but also raises your insurance rates. Traffic regulations are enforced every day in New York by every local police agency in the state, and frankly, the justice system makes it virtually impossible to represent yourself effectively. Each traffic stop and citation is different, and only an experienced, knowledgeable New York traffic ticket attorney knows what it takes to have a citation dismissed and to provide the effective defense that every driver who becomes a defendant will need.

Driver’s License Suspension or Revocation in Westchester County

Posted on: August 5, 2015 by in Traffic Law
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Even something as simple as a traffic ticket can become so complex you find that you may need to hire an attorney. There are many reasons for this, but the main reason would be if you need to appear in court. There are a number of things that an experienced Westchester County suspended authorization attorney can help with such as, getting your fines reduced, dismissing your charges, preventing points on your driving record, and having your car insurance rates increase.

Depending on the nature of what you have been charged with will determine how severe your penalties will be. DUI and DWI can lead to some very serious penalties that include heavy fines, a driver’s authorization suspension, and even jail time. An experienced attorney can help you by getting your charged reduced, explaining your charges and the laws regarding it, and work with you on a plan to present to the judge to satisfy your sentence.

The New York DMV maintains driving records on all licensed drivers so any traffic offense will go on your record. All tickets in New York are assigned a point value so both the points and the violation remain on your driving record. Driving under the influence of drugs or alcohol, results in an automatic license suspension for a minimum of 90 days. If you are under the age of 21, your license will be revoked if you’re convicted of DUI.

Driving without insurance, driving on a suspended license, reckless driving, leaving the scene of an accident, improperly passing a school bus, fleeing an officer, or accumulating 3 speeding tickets within an 18-month period are all ways to lose your driver’s license in New York.

There is the chance that you may get approved for a restricted license in some cases. A Westchester County suspended license attorney who knows about NY driving laws can be very beneficial. Call the Law Office of Kimberly A. Pelesz at (914) 214-9335 and schedule a free consultation today.

Dealing With A New York Driver’s License Suspension

Are you certain that your driver’s authorization is legal and up-to-date? It might not hurt to check. . Some drivers in New York don’t even know their licenses have been suspended, and they’re committing a crime every time they get behind the wheel. If you are driving with a revoked or suspended driver’s authorization in New York, you can be prosecuted and in some cases face considerable penalties. If you face any legal difficulties regarding a New York driver’s license suspension or revocation in Westchester, Dutchess, Putnam, Orange, or Rockland County, get the legal help you need and speak to an experienced Peekskill traffic attorney immediately.

A New York driver’s license suspension can be triggered for a number of reasons. If more than 11 points are put on your license in an 18-month period, or if you fail to respond to or pay a ticket, a fine, or a Driver’s Responsibility Assessment fee, your license may be suspended. In New York your license can also be suspended if you fail to pay state taxes or child support or if you are convicted for DWI, a drug offense, or a serious traffic offense or multiple offenses. Your license can also be suspended if you drive without insurance in the state of New York.

If you drive with a license from another state, New York’s DMV can revoke your privilege to drive here, and if your license is suspended in New York, no state will grant you a license until you’ve cleared up the matter here. Aggravated Unlicensed Operation of a Motor Vehicle (AUO) is the charge if you drive with a suspended or revoked New York driver’s license. While most offenders are charged with third- or second-degree AUO, first-degree AUO is a felony punishable by up to four years in state prison. If you face an AUO charge in Peekskill or Westchester County, get legal counsel and speak to an experienced Peekskill traffic attorney as quickly as possible.

What Are Conditional Driver’s Licenses in New York?

If your license has been suspended or revoked, it can be difficult or even impossible to get to work in order to make money for your family. However, just because your license is suspended does not mean you are completely out of luck.

New York does offer some individuals with suspended licenses a conditional license which allows them to drive a motor vehicle, but only under certain conditions. Most of the time, individuals who are granted a conditional license are only allowed to operate a motor vehicle if they are going to work or school.

Conditional licenses are issued to limit the amount of time that dangerous drivers are out on the road while still allowing them to make a living until their driving privileges have been reinstated. Every destination, such as work or school, must be preapproved by the courts. Once the locations are approved, you cannot make any unexpected stops on the way to the final destination. Stopping on your way home from work to pick up food from a drive-through fast food restaurant is not a pre-approved stop and would therefore not be permitted.

However, you are allowed to drive with a conditional license to a location that has not been preapproved when it is an emergency. For example, driving to the hospital for a medical emergency would not be considered a violation of the law if you have a suspended license.

Driving with a suspended or revoked driver’s license is never a good idea. That’s why it is in your best interest to work with an experienced Peekskill traffic attorney to attempt to obtain a conditional license. Being granted a conditional license is never a guarantee, so don’t count on getting one if you have a suspended or revoked license. It’s important to remember that driving is a privilege, not a right. If you face a suspended or revoked license charge in Peekskill or Westchester County, get legal counsel and speak to an experienced Peekskill traffic attorney as quickly as possible.

Reckless Driving Is A Serious Crime

Posted on: May 18, 2015 by in Traffic Law
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What exactly is reckless driving? In New York, reckless steering is a misdemeanor. The definition by New York law is “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.”More simply put, you are prohibited from unreasonably getting in the way of, or endangering, other drivers on a public highway.

Reckless steering in New York is not a “petty” offense and it’s not an “infraction.” Reckless steering is a serious misdemeanor, and therefore it’s a crime in the state of New York. If you’re charged with reckless steering, you’ll have the right to a jury trial, and if you’re convicted, you’ll have a criminal record and you could serve time behind bars. If you are accused of reckless driving in Westchester, Dutchess, Putnam, Orange, or Rockland County, you’ll need the help and services of an experienced Peekskill criminal defense attorney.

In New York, if you’re found guilty of reckless steering \, five points are put on your driver’s license, and if you compile eleven points in an 18-month period, your license will be suspended. This is huge and you need a Westchester County reckless driving attorney and you need one fast. Imagine just for a second, five points on your driving record, do you know how much your car insurance will go up?

You can also serve up to 30 days in jail for a first reckless driving offense and more time for subsequent convictions. And – as if five points and possible jail time isn’t enough – you can also be fined up to $300 plus a $93 surcharge fee. Also, reckless driving charges are not allowed to be expunged. You could also have your license revoked.

Racing, speeding, weaving, tailgating, improper passing or lane changing, and a number of other unsafe driving behaviors may constitute careless driving. The law defines it as driving that “unreasonably interferes” with traffic or “unreasonably endangers” others. Since “recklessness” is often a police officer’s judgment call, if you’re accused of reckless driving, you should fight the charge with the help of an experienced Peekskill traffic attorney.

Reckless steering is one of the most serious traffic charges you can face. It is not a good idea to go to court unrepresented. Don’t admit guilt or pay any fine for careless driving before consulting first with an experienced criminal defense attorney. A good traffic attorney can interrogate the officer who cited you and any other witnesses, bring in additional evidence, and aggressively challenge a prosecutor’s case against you. Don’t just roll over and take the fine and the points. If you’re charged with reckless steering in or near Peekskill or anywhere else in the state of New York, obtain the legal counsel you will very much need and contact an experienced Peekskill traffic attorney at the Law Office of Kimberly A. Pelesz as quickly as possible.

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