We were able to get a Driving Off Truck Route ticket dismissed today at the TVB for a commercial driver client of ours.  In NYC, any truck with more than 2 axles and 6 wheels must travel only on a valid truck route and is permitted to drive off the established truck routes only when it is necessary to complete a “local pick up or delivery”.  The term local is generally limited to a 2-3 block deviation off of the nearest valid truck route.

Drivers should consult a current truck route map issued by NYS DOT so that they can carefully plan out the route they must follow in order to stay on truck routes.  Do not count on traffic signs to indicate which roads are and are not truck routes because there rarely are such signs.  Truck drivers simply must know the NYC truck routes before driving in NYC.

In today’s case, the motorist was aware of the truck routes and did stay on a truck route according to his most recent truck route map.  However, the issuing officer testified that the law pertaining to this particular location was changed approximately two weeks prior to the date that this motorist was pulled over.  His explanation was that this change in the law removed this particular avenue from the approved list of available truck routes, thus turning it into yet another prohibited street for truckers not making a pick up or delivery in the immediate area.

Fortunately, the judge sided with fairness and agreed with my argument not to convict the motorist for driving on a street that was in fact a valid truck route a mere two weeks prior to the incident in question.  Neither the maps online nor the statute books motorists may obtain at a local DMV were updated quickly enough to reflect the changes.  While our client was technically off a truck route, we made a compelling enough argument based on the fact that this driver did what he reasonably could do by consulting his most recent copy of the truck route map and planning his route accordingly.  The judge ruled that it would be an unfair burden on a motorist to require him to know the minute there are tweaks to an existing law like this, especially when the changes in question are not reinforced via signage on the road.

Submitted by Andrea Casellas, Esq.
Feifer & Greenberg, LLP

Ryan Dunn died in a fiery crash this week.

He was undeterred by the many speeding tickets he was issued over the years and the numerous driving related legal matters he dealt with.  He continued to drive the way he liked to drive and ultimately this cost him his life.

According to the Philadelphia Inquirer, over the past 13 years Dunn’s driving record shows over 20 incidents, including 10 speeding and careless driving stops, three times driving with a suspended license and a drunken driving arrest from 2005.

Dunn’s Porsche literally disintegrated on impact early Monday morning after it flew over a guardrail, tore through trees and erupted in flames.

Police accident reconstruction shows the car was going at least 130 mph.

While toxicology reports will take four to six weeks, there is a chance alcohol played a role here as well.  Despite a local bar manager’s statement that he saw Dunn leave and did not believe him to be drunk, Dunn did post pictures of himself on twitter earlier that evening drinking and enjoying an evening which just didn’t seem as if it should have ended with him behind the wheel.

The Brooklyn North Traffic Violations Bureau (TVB) is a NYS administrative agency (part of the DMV) that handles NYC traffic tickets issued in parts of Brooklyn.  The TVB system overall has a number of courts and handles traffic tickets issued in Manhattan, Brooklyn, Queens, Staten Island and the Bronx as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Brooklyn North TVB office is located in downtown Brooklyn.   It’s located on the second floor of the Atlantic Mall at 625 Atlantic Avenue in Brooklyn.  There is a full service DMV office located on the second floor as well.  Hours of operation for the Brooklyn North TVB office are 8:30am to 4:00pm weekdays with extend hours until 6:00pm on Thursdays.

As always with TVB hearings, there will be no negotiation or plea bargaining with any Brooklyn North TVB traffic tickets.  To avoid conviction and points for a speeding ticket in NYC or other traffic ticket answerable at the TVB Brooklyn North, you’ll will need to plead not guilty plea and set a hearing date.  Outside of a few specific exceptions, your verdict will be either be guilty as charged or a complete dismissal of the charge.

We fight tickets every day at the Brooklyn North Traffic Violations Bureau.  If you have any questions about a Brooklyn North traffic ticket, we’re happy to help.  You can always consult for us without any obligation.  Call or submit an inquiry through our site anytime.
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Speeding tickets in NYC are a little different from speeding tickets issued elsewhere in New York. There are a couple of things to keep in mind:

• NYC traffic tickets in general are contested differently than tickets issued elsewhere.  NYC tickets are handled by the Traffic Violations Bureau (TVB) which is an administrative agency, part of the DMV.  There is no negotiation or plea bargaining at the TVB.  If you would like to challenge and dismiss a speeding ticket or other traffic ticket issued in NYC, you’ll need to schedule a hearing and win the hearing.  (Read more about the TVB and generally how we fight TVB tickets)
• The maximum speed limit in NYC is 50mph.  Even in areas where the road opens up, the lanes get wider and the traffic lessens, the limit is never more than 50mph.  If you are in the habit of driving in the low 70s on highways with 55 and/or 65mph limits, understand that you can easily get issued a 6 point speeding ticket in NYC for driving that speed.
• If there is no speed limit posted at all in NYC, the speed limit defaults to 30mph.  Be particularly careful when getting off one of the highways and getting on to local roads.  The limit is usually 30mph and in many cases there is no signage alerting drivers.  Big wide avenues in Manahattan?  Also 30mph speed limit.  Understand that you must keep your speed around 30mph unless you see a sign specifically indicating that the speed limit is higher than 30mph.
• It is way more likely to be issued “companion summonses” along with your speeding summons in NYC than it is if you are issued a speeding ticket elsewhere.  The congestion on the roadways and the narrow lanes can often lead officers to cite other violations at the same time.  Changing lanes unsafely, changing lanes without signaling and tailgating are the most frequent speeding ticket “companions” we see in NYC.

The nuts and bolts of how speed is measured in NYC is no different than anywhere else and, outside of the unposted rule, the speeding law is the same in NYC too.  The differences above are worth noting though as you drive through the city or as you decide how to deal with an NYC speeding ticket you may already have received.

Submitted by Scott Feifer

Governor Cuomo plans to introduce a bill to toughen existing laws prohibiting drivers from texting or use of portable electronic devices while driving. The bill closes loopholes and adds stricter penalties for distracted driving, which contributes to more than 10,000 crashes per year in New York state.

Cuomo issued a statement on the bill:  “Every day, countless drivers, particularly teenagers and young adults, drive with their eyes on a screen rather than the road,” said Cuomo. “Current warnings, educational programs, and driving laws aren’t working. We need to impose a true deterrent to stop people from driving while using an electronic device and to keep our roads and citizens safe.”

New York’s existing law on texting while driving passed in 2009.   The biggest perceived weakness in the existing law is a provision that makes distracted driving a “secondary offense,” meaning a traffic ticket for texting while driving will not be issued unless the driver had been pulled over for another infraction.  A discussion of the current texting law and how it differs from the current cell phone law (which is not a “secondary offense”) can be found here:  Texting While Driving and Cell Phone Tickets

The Cuomo bill would make distracted driving a primary offense, increase the number of points the violation carries from two to three, and mandate education on the dangers of distracted driving as part of the NY defensive driving curriculum.

The bill does not go as far as some would like it to:  ban cell phone use while driving altogether, hands free or not.

In related news, NY representative Carolyn McCarthy has introduced national legislation regarding cell phone use while driving.

The Manhattan North Traffic Violations Bureau (TVB) office is part of the NYS TVB system.  The TVB is an administrative agency (it is part of the DMV) that handles NYC traffic tickets as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Manhattan North TVB office is located in upper NYC.   It’s on 125th Street. It’s located on the 3rd Floor along with a full service DMV office. Hours of operation for the Manhattan North TVB office are the same as all TVB offices: Monday, Tuesday, Wednesday and Friday 8:30am to 4:00pm and Thursday from 8:30am to 6:00pm.

There won’t be any negotiation or plea bargaining if you are handling a traffic ticket at the Manhattan North TVB. To avoid points and/or conviction for a particular NY traffic violation, you will need to enter a not guilty plea and set a hearing date.  With very few, specific exceptions, your verdict will be either be guilty as charged or a complete dismissal of the charge.

Our firm represents individuals at the Manhattan North Traffic Violations Bureau all day, every day. If you have any questions about a Manhattan North traffic ticket, feel free to give us a call or submit an inquiry via email. We are always happy to provide a free consultation.

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The Queens South Traffic Violations Bureau (TVB) office is part of the NYS TVB system.  The TVB is an administrative agency (it is part of the DMV) that handles NYC traffic tickets as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Queens South TVB office is located in Jamaica, Queens.   Originally settled under Dutch rule in 1656, the English took over in 1664 and renamed it “Jameco” (or Yamecah) after the name they gave to the local Native Americans that lived in the area.  When the British divided New York into counties in 1683, Queens became one of the original counties of NY and Jamaica became the county seat of Queens.  

Don’t expect to negotiate or seek a plea bargaining at the Queens South TVB.  If you would like to avoid points and/or conviction for a particular NY traffic violation, you will need to enter a not guilty plea and set a hearing date.  With very few, specific exceptions, your verdict will be either be guilty as charged or a complete dismissal of the charge.

Our firm represents individuals at the Queens South Traffic Violations Bureau all day, every day. If you have any questions about a Queens South traffic ticket, feel free to give us a call or submit an inquiry via email. We are always happy to provide a free consultation.

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