Some items of interest you may have missed if you haven’t been following the news closely this week:

1.  New York State lawmakers, noting that “times are tough and it’s just not right to rely on drivers as a source of revenue” unanimously agree to reduce traffic ticket fines and DMV fees and surcharges across the board.

2.  A driver reported a recent incident where he was pulled over in his red lamborghini after getting clocked at 105 in a 35 mph school zone.  The officer exclaimed “Wow, awesome car and awesome driving.  Dodging all those children at that speed isn’t easy.  Just wanted to stop you to say I’m impressed.  Have a good day.”

3.  Traffic ticket lawyer offers free ticket defense to all for the month of April because “it was never about the money…it’s all about helping people.”

4.  After years of motorists trying to avoid driver license points by driving safely and contesting traffic tickets, the DMV changes everything with a “Points Are Good” campaign.  License points, in the tradition of Chuck E. Cheese and other arcades, are now redeemable for small prizes like kazoos, candy and fake vomit.

5.  A speeding motorist was pulled over in Westchester, thanked the officer profusely upon getting stopped and requested “a big speeding ticket, if possible” to teach her a lesson and encourage her to stay at or under the limit in the future.

6.  DMV clerks statewide ban together to announce their new “Move Fast, Try Hard” campaign.  A spokesperson explained that “even though we have no financial or other incentive to try to provide the correct information or push ourselves to clear the long lines, we’ll just do it because it feels right.”

7.  A traffic court judge recently ruled in favor of a motorist after a lengthy traffic hearing.  The issuing officer was clearly impressed and stated for the record “Good one Your Honor.  I was totally making half of that up.”

8.  New York State announces new “Bad Drivers Lane” for the exclusive use of our state’s worst drivers.  The Commissioner of the DMV explained that it is just “useless and quite frankly tiresome” trying to get these drivers to conform their driving to the existing laws, so we’re giving them their own lane where they can drive anywhere from “barely to extremely recklessly.”  This lane will be separated from the others by reinforced concrete barriers.

9.  After numerous engineering surveys, speed limit changed throughout New York State to “Just Be Careful.”

10.  An upstate New York cow recently had her license suspended by the DMV for too many mooooving violations.

Had to throw that last one in for my kids.

Disclaimer:  We do not promote reckless driving, swerving around children at high speed or purposely accumulating license points.

Happy April and Drive Safe!

Submitted by Scott Feifer, Esq.

Efforts have been stepped up to review commercial driver licenses and enforce commercial vehicle violations following the terrible bus crash on I-95 last weekend which resulted in the death of 15 passengers.

Sen. Charles Schumer has called for a crackdown on the discount tour bus companies and is asking the NTSB to expand its probe to look into regulations and oversight that is currently in place.   I’d expect a call for a crackdown by local level enforcement as well–vehicle stops for just about any reason followed by thorough investigation of both vehicle and the driver’s license and in many cases the issuance of one or more traffic tickets or other violations.

On Thursday, state officials inspected 21 buses at the Monticello bus terminal.  Their inspections resulted in six drivers taken off the road and seven traffic tickets issued for various violations.  Similar scenes around the state are likely to follow.  The State Department of Transportation and NY State Police have already conducted similar inspections at the Champlain Border Crossing and the Nassau Coliseum

Authorities have learned since the terrible crash in the Bronx on Saturday that the driver, who survived, has license suspensions and lied on recent applications.

Ordinarily, I have a slight problem with these “inspections”.  We have many commercial clients who report that drivers are pulled over in NYC for practically no reason at all and then sit through lengthy vehicle inspections which almost always result in multiple tickets issued.  While this may not seem problematic on it’s face if actually violations have been committed, I’ve noticed that we seem to get more calls from out of state vehicles and that the violations are often duplicative.  For example, if a commercial vehicle isn’t properly labeled with the company name, we’ll see one ticket issued for each side of the vehicle.  These inspections of out of state vehicles result in substantial fines paid to the criminal courts and tend to look like a literal highway robbery.

The current wave of inspections however is different.  A legitimate tragedy where driver issues had been either overlooked or ignored altogether justifies a well-intentioned wave of inspection and oversight .

Submitted by Scott Feifer, Esq.

I thought this old article from 1937 was very interesting for two reasons.  First, in contrast to what’s predominant today, we see an organization more concerned with too few tickets written and too many people using whatever means necessary to get out of paying tickets issued to them.  Next, compare the numbers of concern in 1937 (37,900 deaths and 1,300,000 injuries) to today.  In 2009, there were 33,963 deaths and 2,217,000 injuries.  While I don’t have exact statistics going back to 1937, safe to say there are many many more vehicles and licensed drivers on the road today, yet fatal accidents have actually decreased from 1937.  That says a lot about how far the technology of vehicular safety has come.

From the Evening Independent, Oct. 25, 1937.

Elks To Carry On War Against Ticket-Fixing.

Elks Lodges in 1400 American Cities will begin this week a campaign against the “insidious evil” of traffic ticket “fixing,” Major Charles Spencer Hart, grand exalted ruler, said today.

The head of the Elks said 500,000 members would participate in a nationwide safety drive and work for the elimination of traffic hazards.

We will seek to pledge every Elk in the United States to agree not to attempt to ‘fix’  traffic tickets”, he said.

“With this nucleus of half a million men who are leaders in their community leading the fight to make ticket “fixing” unsportsmanlike and unpopular, we hope to enlist the aid of other organizations and gradually stamp out this insidious evil, leading to a reduction in America’s annual traffic oll of 37,900 deaths and 1,300,000 injuries.

Submitted by Scott Feifer, Esq.

While we know that traffic enforcement and traffic tickets do partially contribute to safer roadways by serving as a deterrent and by leading to license suspensions for the most persistent violators, we still like to point out examples where there’s evidence that it is all a money grab as much as anything else.

In Central New Jersey, suvh evidence has recently been uncovered.

In the closing months of 2010, it’s no secret that many municipalities struggled to close budget shortfalls.  Now we are learning that these same municipalities handed out more than 250,000 additional traffic ticerts to the tune of millions of dollars in fines and surcharges collected.  Some of the largest towns in the state doubled or tripled the number of traffic tickets issued.  A cynic might say drivers were simply used as a piggy bank as the year came to a close.

Of course, law enforcement officials respond predictably, saying they stepped up patrol to save lives, not close budget gaps.

There’s almost no way to refute what the police officials say.  Fewer fatal accident, fewer accidents overall, a belief that a visible increase in enforcement of minor issues like traffic tickets serves as deterrent to more serious property and violent crimes…it all makes sense.

However, we can also never refute the fact that more tickets equal more money.  When we see enforcement stepped up at the year end, and when we hear officers off the record tell us over and over how much of an emphasis is put on revenue generation, we’ll always wonder whether this really is about safety.

Years ago there was an NYC officer who gave ticket after ticket at the same flashing red light. It was midblock at a crosswalk in a busy part of the city. It was an unusual place for a flashing light so many drivers would miss it. Every time this officer testified and mentioned how hazardous the situation was–and I agree that it was–I would work in a question about why he stood behind a building corner 50 feet off the roadway instead of getting right up there by the crosswalk and the flashing light. If he was there to make the condition less hazardous, I wanted to know how hiding behind a building was helping to accomplish that. If someone sent me to a school to make a crosswalk safer for the pedestrians there to use it, would I hide behind the school or a shrub or get right up there, wear bright clothing and physically gesture to motorists that they must stop? The line of questioning was technically irrelevant because it didn’t address the main issue of whether the driver stopped at the flashing red, but I could never resist the chance to point out the absurdity in court.

The reality is that revenue generation can never be completely separated from traffic tickets. Whether traffic tickets are issued to generate revenue or revenue generation is some unintended consequence of enforcement, traffic tickets do indeed generate some revenue. You can’t really talk one without the other. People can debate whether tickets are about revenue or safety all they want but it’s really always a mix of both. The percentages may change based on certain factors like the economy, time of month or year or how hazardous a particular traffic condition is, but tickets and enforcement will never be about just one or the other.

The original article I read on this New Jersy issue can be found here:  For Money Or For Safety?

Scott Feifer

Two Staten Island Police Offers have been charged with writing dozens of bogus traffic summonses to justify their overtime hours.

At the time an Officer writes a traffic ticket, there are three relevant copies.  One is kept at the Precinct for the police records, one is sent to DMV so they can attach the ticket to the motorist’s license and one is handed right to the motorist so he knows exactly what he’s been charged with.

According to the accusations, these officers would fabricate a ticket, submit one copy to the Precinct and then throw away the copies ordinarily intended for the DMV and the motorist.  The Officers in question allegedly have done this approximately 40 times.

Others in the Police Department didn’t really have any reason to be suspicious.  Officers were out enforcing traffic and issuing tickets during overtime hours–this is not unusual–and the department was under the impression that the tickets were properly proceeding through the system as ordinary traffic tickets do.

Since neither DMV nor a motorist ever got copies of the tickets, it was as if the tickets didn’t exist.  The DMV never started prosecuting the case in traffic court and no individual driver ever showed up in court to defend himself or even ask any questions.  These weren’t really traffic tickets–just pieces of paper sitting in the Police Precinct.

Higher-ups in the NYPD got suspicious when they noticed that the two officers never went to traffic court to handle any of these cases.  This was considered suspicious because odds were that someone in the bunch would have entered a not guilty plea and requested a court date.

As a traffic attorney, perhaps a bright spot here is the fact that these officers didn’t fabricate charges and actually issue the tickets to motorists.  In reality, they would have been less likely to get caught had they done that.

While it’s uncommon–thus the suspicion against them–for officers to write 40 summonses and not be called to court on a single one of them, it’s quite common and hardly a red flag for a motorist to challenge a ticket in court and claim they did not do it, were not guilty, etc.

If the accusations are true, however, there isn’t much positive about this.  We need officers who genuinely do their best to do their job and do it honestly, just like lawyers, doctors, teachers, politicians and other professions where the public trust is particularly critical.

Scott Feifer, Esq.

JULY 2011 UPDATE: POINTS INCREASE: CELL PHONE TICKETS NOW 3 POINTS IN NY.

We were just informed by a Head Judge at one of the TVB offices that cell phone convictions in NY would carry 2 points starting later this month.

First, we wanted to confirm this was accurate and figure out when this all happened and what the rationale was.

Unfortunately for motorists, it is true. DMV gave their official notice of the rule change in the New York State Register on Dec. 15, 2010.

I say unfortunately because this will mean more licenses get suspended and more points-based Driver Assessment dollars collected than before.

However, it will NOT be unfortunate if it somehow encourages a few more drivers to go hands-free. Distracted driving is real and it is bad news.

The new rule will apply to summonses issued on or after February 16th 2011.

Thank you to NY Assemblyman Charles D. Lavine (Assembly District 13) and his Legislative Director Steven Friedman for their assistance in tracking down information concerning this new rule.

Here are some key points mentioned by the DMV in their rationale for imposing the new rule:

⁃ The DMV originally exempted mobile phone violations from the point system because “To the extent that certain instances of mobile telephone usage may result in erratic or unsafe driving, the conviction for a violation of section 1225-c will likely be accompanied by other Vehicle and Traffic Law violations which will, in and of themselves, result in the assessment of points and, therefore, aid in the identification of persistent violators.”

⁃ The DMV noted that the original cell phone law’s legislative objective was “advocating the responsible use of mobile telephones by motorists” to promote safety on New York’s public highways.

⁃ In light of this legislative objective of promoting highway safety, DMV concluded that it is appropriate at this time to impose two points for cell phone violations.

⁃ DMV recognizes that this form of distracted driving is a serious highway safety traffic offense. It is also consistent with DMV’s determination to assign two points for violations of the newer section 1225-d, the prohibition against texting while driving, which was enacted into law in 2009 and which is another form of distracted driving.

⁃ Imposing points also aligns with the legislative objective of sanctioning drivers who commit persistent violations of the law. Since cell phone violations have serious public safety consequences, it is appropriate that such violations be counted in the persistent violator equation.

DMV continues by citing some statistics to support the rule change:

⁃ In 2007, 312,445 tickets were issued for cell phone violations, resulting in 273,743 convictions. In 2008, 316,293 tickets were issued, resulting in 273,976 convictions.

⁃ Numerous studies have confirmed that distracted driving, such as driving while talking on a cell phone, significantly contributes to accidents and fatalities on the State’s highways.

⁃ AAA reports that each day distracted driving is a contributing factor in 4,000 to 8,000 crashes on our nation’s highways.

⁃ The National Highway Traffic Safety Administration (NHTSA) reports that nationwide in 2008 5,870 people died (representing 16% of all highway fatalities) and an estimated 515,000 were injured due to distracted driving.

⁃ The number of persons who reportedly are distracted at the time of the fatal crashes has increased Best Section Begin from 8% in 2004 to 11% in 2008. NHTSA estimates that at any given time during daylight hours, approximately 11% of drivers are using some type of cell phone.

⁃ The Institute for Highway Safety reports that drivers who use hand-held cell phones are four times as likely to be involved in car crashes resulting in injury to themselves.

⁃ A Carnegie Mellon Institute study concludes that driving while using a cell phone reduces the amount of brain activity associated with driving by 37%.

His taxi caught on fire and he ended up with a parking ticket for blocking the road.

During the latest big snowstorm last week, the driver was stuck in the snow.  He gave the car some gas, some more gas and some more gas in an effort to free the vehicle.

He never got free.  Instead, his car caught fire and then exploded.

According to the NY Post, the fire was extinguished by the FDNY at 3:10 a.m. and the ticket issued by 5:20 a.m. when a tow truck didn’t arrive soon enough to move the burned-out vehicle.

Didn’t they realize tow trucks may have been tough to come by during the snow?  Couldn’t the NYPD have moved the car?

Instead they issue a ticket and clearly taught this cabbie a valuable lesson.  Don’t ever let your car catch on fire and, if you do, please make sure you either own your own tow truck so you can get it there quickly or possess super human strength so you can pick the car up and carry it away.

Clearly he’ll have to remember this for next time.

Thanks to the Gothamist for the picture.

Effective Jan 1, 2011, motorists will be required to “move over” or “slow down” when their vehicle is approaching an authorized emergency vehicle when its emergency lights are flashing and the emergency vehicle is parked on a highway or roadway in New York State.

This will be a two point violation if a driver in NY is convicted under the new law.

The NY State Senate’s justification for the law included the following points:

• The law is for the protection of emergency personnel from motorists who have crashed their vehicles into police and emergency vehicles that were parked on highways or roadways in the performance of their duties
• The momentum behind the law can be traced back to a March 11, 2003 New York State Senate investigation prompted by the death of New York State Trooper Robert Ambrose. Ambrose was fatally injured during a routine traffic stop on the New York State Thruway in Yonkers, New York.
• Later in 2003, Onondaga County Deputy Sheriff Glenn M. Searles was assisting a motorist whose vehicle had gone off the highway when a second car lost control and struck Deputy Searles, fatally pinning him against his patrol car.
• Motorists must be aware that the presence of a police or other emergency vehicle means not only a potential dangerous situation, but also that professional and volunteer emergency work may be under way.

Drivers should keep the following in mind:

• Use particular caution when approaching an emergency vehicle that displays flashing emergency lighting.
• On all roadways, drivers must reduce their speed when approaching the emergency vehicle.
• On larger roadways (Parkways, Controlled Access Highways, roadways with multiple lanes) drivers must reduce speed and move from the lane immediately adjacent to the emergency vehicle as soon as it’s safe to do so.

We’ll keep an eye on how this is enforced during the upcoming months.

A man in New Hampshire was recently rushing to the hospital with his wife who was on the verge of giving birth.

When he saw a police car behind him trying to pull him over, he didn’t want to stop. He called 911 to let them know why he was continuing.

The officer in pursuit got the call and then pulled in front to give a police escort to the hospital.

Everyone got to the hospital in time. Man and wife had a baby and the officer congratulated him.

Then, the officer gave him a speeding ticket for driving 102 mph in a 55 mph zone.

Why? This man is not trained to drive at that speed. While he was rushing to help two people in distress, he put everyone else on the road in danger by driving an unmarked vehicle, without lights or sirens, at 102 mph.

The man’s actions were completely understandable under the circumstances. If the prosecutor in his case is open to plea bargains, it’s likely the extenuating circumstances will help him get a very good offer.

However, the ticket will not simply get thrown out. There is rarely a good justification defense to speeding and the law will usually require a driver to pull over and call 911 in an emergency.

Many of us would do the same thing, including the man who got the ticket should he ever be in that position again. Nonetheless, it serves as a good example of how difficult it can be to get out of a speeding ticket by arguing that “I was speeding, but I have a good reason…”. In most cases this will simply be looked at as an admission of guilt.

Please–If you pay a traffic ticket or beat a traffic ticket or otherwise close out a matter in the TVB or other NY traffic court, hold on to any and all related paperwork. You should never need it again but it’s worth keeping just in case.

Dekalb County, Georgia currently has a little bit of a mess on their hands. People that paid traffic tickets years ago are receiving notification that they owe money and are late on the same ticket they already paid. No one is sure what went wrong or why, but clearly something did.

One woman explained about getting arrested during a routine car stop on an unrelated matter when her license showed and old unpaid ticket. Fortunately for her, she had the old paperwork to prove the error.

Not everyone will be so fortunate and it will be interesting to see how the county will determine what money is legitimately due on old tickets and what is a result of this error.

Our advice in New York? Just hold on to your paperwork and assume nothing when it comes to matters such as these. You never know.