Vehicle and Traffic Law Section 1225-c, which initially became effective in 2001, prohibits individuals from operating a motor vehicle while using a mobile telephone to engage in a call while the vehicle is in motion. The law provides specific definitions including that “using” refers to the individual holding the phone to or near the user’s ear. “Engaging in a call” refers to talking into or listening on the device, but does not include holding the phone to “activate, deactivate or initiate a function of” the phone. This law then further provides a presumption that a driver holding the phone to or in the “immediate proximity” of his/her ear while the vehicle is in motion is in fact engaging in a call. The motorist has the opportunity then to defend against this presumption.
HoganWillig has the capability, legal resources and dedication to assist clients in various practice areas. This includes criminal defense for white-collar crimes ranging from forgery, bribery, insurance fraud, healthcare fraud, credit fraud, mortgage fraud, and welfare fraud. White-collar crimes are a unique legal area because many people may be unclear about what white-collar situations exactly entail or may be unaware of HoganWillig’s great defense accomplishments.
Article 26 of the New York State Vehicle and Traffic Law covers right of way violations. Two statutes pertain to emergency vehicles and one has recently been modified to apply to hazard vehicles. The obvious goal of the legislature in creating these statutes is to protect the safety of individuals who are in the process of responding to an emergency or who are in a vulnerable position on the side of a road while doing their jobs.
Last week, the Buffalo News reported that a 29-year old driver with 2 prior convictions for DWAI has been charged with DWI in connection with his arrest for driving the wrong way down the Thruway. The question in everyone’s mind is: “if this is his third offense, why wasn’t he charged with a felony?” The defendant is being charged with a misdemeanor, which is considered a crime and is punishable by up to one year in jail, but he won’t be charged with a felony. Here’s why:
The Buffalo News reported on October 2nd that investigators are still on the look out for a driver that hit and killed a woman on Broadway and didn’t stick around to fess up.
Leaving the scene of a motor vehicle accident with out reporting it may result in serious fines and penalties, including criminal prosecution. When an accident leaves someone dead, the operator of the responsible vehicle may face criminal charges that can increase if drugs or alcohol were involved. These accidents may also result in civil suits by the estate of the person who was killed. These suits can include claims for personal injuries as well as wrongful death.
Published in a recent article in the Buffalo News, a Hamburg woman received both jail and probation time for driving under the influence of a narcotic drug with young children in the vehicle. Drinking and driving laws in New York will continue to become more strict each year. Leandra’s Law imposes two new major consequences on defendants convicted of DWI or driving while impaired by drugs with children in the car.
Today, September 27, 2011, The Buffalo News published an article regarding a Buffalo man “charged with running a red light and aggravated unlicensed operation of a motor vehicle following a T-bone crash.” There are critical deadlines to be aware of in the case of all motor vehicle accidents. You have only 30 days from the date of the accident to file a No-Fault Application (NF-2) Form with your insurance company – even if the accident was the other driver’s fault.
The newest additions to New York’s DWI law are Leandra’s law and the ignition interlock device. Leandra’s law makes it a felony to drive a vehicle while impaired by alcohol or drugs with a child who is fifteen years of age or younger in the vehicle. The ignition interlock device is like a breathalyzer that is installed inside your vehicle and prevents the vehicle from being operated if the driver has consumed alcohol.
In November 2009, Governor Paterson signed the Child Passenger Protection Act, also known as Leandra’s Law. The law is named after Leandra Rosada who was eleven years old when she was killed while in a vehicle operated by a friend’s drunken mother. According to New York Defensive Driving Now, the law includes provisions that:
While most of us recognize the dangers of drinking and driving and the implications that a DWI conviction can have on our licenses, many people do not appreciate how substantial the financial penalties are.
There are numerous drinking and driving offenses in NYS, the most common of which are: (a) driving while ability impaired (“DWAI”); (b) driving while intoxicated (“DWI”); and (c) aggravated driving while intoxicated (“ADWI”). You can be charged with DWAI for having a blood alcohol content (“BAC”) of 0.05 – 0.07%. DWI can be charged when the BAC is 0.08 – 0.17% and ADWI can be charged when the BAC is 0.18% and above. You can also be charged with drinking and driving based on the police officer’s observations and your performance on field sobriety tests. Refusing the breath test carries separate and considerable penalties and fines.