Drivers who violate the right of way law are charged with a misdemeanor. This is true even if the driver causes serious injury to a pedestrian or bicyclist or causes his or her death. People who are found guilty of misdemeanors generally face fines and minimal amounts of jail time.

The judge in this case found that by charging this crime as a misdemeanor, a defendant is denied due process because the standard for proving guilt in a civil action is lower than it would be if the defendant was facing criminal charges. In addition, the judge argued that the standard used in these failure to yield cases violates a defendant’s right against self-incrimination and his or her right to be presumed innocent until proven guilty.

However, according to Streetsblog, the judge’s ruling will likely not hold up if an appeal is filed. Experts contend that the same standards the judge found unconstitutional in this case are the same ones used in other types of cases such as charges of drunk driving. Interestingly, the right of way law has previously been upheld in another court. It should be noted that the judge’s ruling only applies in Queens and not in other jurisdictions. It remains to be seen whether the decision will be appealed.

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The minority police officers who are suing the NYPD allege that quotas are not only enforced when it comes to the issuance of summonses and the making of arrests, but officers actually face punishment when numbers are not met. Therefore, the numbers cannot be considered merely “performance goals” as they are called by many precincts.

The NYPD denies the existence of any such quotas. It argues that officers are sent to patrol neighborhoods that are most in need of a police presence, reports NBC New York. However, since most of those neighborhoods are predominantly populated by blacks and Hispanics, the quotas unfairly target minorities maintain the plaintiffs in the lawsuit.

One of the plaintiffs has claimed that he has recordings and evidence that back up the use of these quotas and that officers who have not met the quotas have been retaliated against. Meanwhile, the city has requested that portions of the lawsuit be dismissed for insufficient evidence. How the court will rule remains to be seen.

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While specific information regarding penalties for driving while unlicensed in New York could not be found, Black’s Law Dictionary states that the punishment will vary depending on the reason for driving unlicensed. For example, drivers who do possess a license but simply do not have it on them when they are pulled over will probably face minimal charges and fines if they appear in court and show their valid license.

Driving with a license that is suspended or revoked is a more serious offense. People who drive when the privilege has been taken away from them will most likely be arrested and may lose their license for an even longer period of time. They also face higher fines and risk possible jail time.

The issue is even more serious for the tens of thousands of cab drivers that operate in New York City. According to The New York Post, while the Taxi and Limousine Commission used to be able to seize a vehicle on the spot if the driver was caught without a license, they are no longer allowed to do so. As an alternative, the TLC is now issuing criminal summonses to taxi drivers that operate without a license. Those found guilty will now face possible jail time in addition to paying a $1,000 fine.

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Misdemeanors are usually a much more serious matter. While there are “minor” misdemeanors like failing to appear in court, any kind of charge in this category can lead to arrest and jail time. While each state has its own specific misdemeanors, common ones include driving under the influence, driving without a license (or with a suspended license), reckless driving and others.

One of the most serious is driving under the influence or while intoxicated (DUI/DWI). This can have major ramifications, both on you and those around you. Many people believe that a few cups of coffee or other remedies can sober you up quickly. The fact is, only time can make you sober. If you do decide to drive while intoxicated and are pulled over for it, you can face huge consequences.

The severity depends on how many times you have been caught drunk driving before and how much alcohol is in your system. But if you are of legal drinking age, you can expect to pay at least $500, even on the first ticket. In addition, you may face jail time and a license suspension or revocation. Driving drunk is never worth it.

If you have been charged with a misdemeanor, you have time before you have to pay the fine. Take that opportunity to discuss your case with a qualified attorney. They may be able to help you with your case.

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While you may not enjoy getting speeding tickets or a red light violation citation, at least you can understand why the police officer stopped you: you were going too fast, or you drove through a red light. Some traffic violations are not as easy to understand.

For example, passing a stopped school bus with its red lights flashing that is picking up children will probably lead to a police officer citing you for what is clearly a school bus violation. But what about the traffic ticket you receive in the mail because a camera caught you going through a red light at an intersection that you clearly recall entering just as the light turned yellow? Could you have been the victim of officials reducing the time allowed under a yellow light in order to increase the number of violations, as we discussed in a recent posting?

Fighting traffic violations can be difficult to do on your own in Rockland County, New York City and other communities throughout the state. First, you have to know and understand the law and how it applies to the facts of your particular case. Even if you read up on the law, you are still at a disadvantage going up against seasoned prosecutors and police officers who are trained professionals.

When you get a traffic ticket, you need a seasoned professional representation. At the Law Offices of Zev Goldstein PLLC, one of our skilled attorneys will be there at your side to provide the defense that you need and deserve to protect you from the points, fines and suspended license penalties that might be imposed on you. Visit our website for more information about how we can help you deal with your moving violation.

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To begin with, your traffic ticket has a section with three “checkbox” options in it for traffic infractions, misdemeanors, and felonies. One of these should be marked. For purposes of this post, we will consider the differences between misdemeanors and traffic infractions.

If you have been accused of a traffic infraction, you have the option of simply paying the ticket fine by mail or online, or you may appear in court to challenge the charge against you. An infraction is not considered to be a crime and frequently carries no jail penalty or a penalty of no more than 15 days, so the judicial procedures for processing an infraction are more informal.

A misdemeanor, on the other hand, may not sound serious but it is still considered to be a crime and depending on the class of the misdemeanor, Class A, Class B, or undefined, can carry a jail sentence of up to one year in addition to heavier fines than an infraction.

Another key distinction between a traffic infraction and a misdemeanor is that you must appear in court if you are accused of a misdemeanor. You cannot simply pay the ticket without making such an appearance.

If you are unsure about the exact nature of the charge of your traffic ticket, or if you have questions about your legal rights or what you need to do to defend yourself in the New York legal system, a good starting point is to consult with a law firm that includes in its practice areas legal representation of traffic violation matters.

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The difficulty for motorists facing a traffic violation is that the pictures that a red light traffic camera produces act as a graphic witness to the conduct of the accused driver. One prominent New York Supreme Court Judge is learning this lesson the hard way.

Judge Geoffrey Wright sued after he was issued a traffic ticket in the amount of $115 when he was allegedly caught driving in a bus only lane. The judge denied any wrongdoing, and claims to have taken pictures of the area where the incident took place that will exonerate him.

The judge claims that he was in the bus lane lawfully because he was making a turn, but the Law Department attorney says that the pictures from the red light camera are proof that the judge was driving in the bus lane and not in the turning lane.

The judge is also demanding an investigation into the charges even though there is apparently no statute or case law that would support his insistence for such action.

Having an experienced defense attorney who is well grounded in the laws that govern traffic violations in New York may often benefit anyone challenging red light camera evidence, even in situations when it seems that the camera has the accused at a seeming disadvantage.

Source: New York Post, “Traffic photos prove judge lied about ticket: city lawyers,” Julia Marsh, Oct. 29, 2014

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One example of this explanatory function is to assist clients in knowing the implications they may face when they are accused of crimes. For example, what is the difference between a felony and a misdemeanor? This post will address the latter of those two classifications of criminal charges.

A misdemeanor is different from a felony in that it is regarded as a less serious crime, often punishable by fine or a lesser duration of jail time. Terms like gross or petty misdemeanor are used in some states, but in New York misdemeanors are divided between an “A” class and a “B” class.

An important difference between the two classes of misdemeanors is a conviction or plea to an A class misdemeanor can result in imprisonment for up to one year. B class convictions are limited to no more than three months of imprisonment.

Misdemeanors can even include something as minor as traffic tickets, if the offender commits three traffic violations within 18 months of each other. This is important to note because although a misdemeanor may not be as serious as a felony an act as common as a traffic offense can, if repeated, can still result in increasingly harsh consequences.

This post presents only a summary of how misdemeanor laws work in New York, and how they relate to traffic offenses. It is not intended to serve as legal advice. If you find yourself facing misdemeanor charges in connection with your actions behind the wheel, you would be well served to consult with a traffic ticket law firm to answer any questions you may have.

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“Speak truth to power and convict Kerry Kennedy of the crime she committed,” she addressed the jurors. Kennedy published a book 14 years ago called “Speak Truth to Power.” The book was a profile of scores of human rights workers.

The 54-year-old daughter of the late Sen. Robert F. Kennedy is facing a misdemeanor charge of DWI after she allegedly mistakenly ingested the drug Zolpidem (also known as Ambien), thinking she was taking a medication for her thyroid on a July morning in 2012. She then got behind the wheel and drove her Lexus SUV down I-684 in New York, where she sideswiped an 18-wheeler about a half an hour later. She blew out a tire in the accident, which resulted in no injuries. Kennedy claims to have no memory of the accident.

A physician testifying for the defense said in his testimony that taking Ambien can cause “zombiism” where those under its influence can engage in behaviors, including “sleep-driving,” that they have no memory of.

Kennedy is the ex-wife of former Gov. Cuomo. She was accompanied in the courtroom by her elderly mother, Ethel Kennedy, and her sister, Rory Kennedy.

This high profile case is an example of how a simple mistake with medication can have far-reaching implications. Luckily for Kennedy, no one was injured or killed as a result of her carelessness with her medication. Even unknowingly ingesting the wrong pill and driving could have ended tragically for Kennedy and others on the road with her.

If you face a similar set of circumstances and find yourself charged with a crime, you may wish to retain a New York criminal defense attorney to fight for your acquittal.

Source: New York Daily News, “Kerry Kennedy’s drugged-driving case is now up to six-member jury” Dareh Gregorian and Corky Siemaszko, Feb. 27, 2014

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