Reckless Driving In NY

We’ve received a number of inquiries recently concerning reckless driving tickets. Here are some thoughts on the NY Reckless Driving law, including how it is enforced and how it typically plays out in court.

What is Reckless Driving?

Reckless Driving is set forth in § 1212 of the New York State Vehicle and Traffic Law:

Reckless driving shall mean 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. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.

Note how vague it is. Essentially, driving in a manner which “endangers users of the public highway”. Talking on the phone, eating a sandwich, driving with a broken headlight…any of these acts could arguably fit within the statute. It can be written as a catchall for almost any traffic violation or driving act/omission an officer believes he witnessed.

Note how serious it is. It’s a misdemeanor, not a violation. It’s a crime that results in a permanent criminal record. On top of that, it’s damaging to your license as it carries five points. I’m confident lawmakers never meant for this to be written as a substitute for any old minor traffic violation, yet that is exactly what we see on a daily basis.

Why would an officer issue a serious misdemeanor Reckless Driving ticket instead of an ordinary traffic violation upon observing a minor infraction?

There are three theories here.

First, some officers aren’t regular summons writers. They happen to see an infraction, pull someone over, yet aren’t sure what specific section of vehicle and traffic law to site. The officer may know however that Reckless Driving, a vague catchall, is good enough and will likely fit. Many of these officers who don’t regularly deal with car stops and issuing summonses might not even recognize how much more serious the Reckless Driving charge is.

Second, some NYC officers may recognize that for every Reckless Driving charge they issue they likely save themselves a trip to court. For ordinary traffic violations, the officer will be summonsed to the TVB to testify. For minor criminal charges like Reckless, it’s unlikely an officer will ever need to show in court. Most Reckless cases are plea bargained to a disposition before the officer ever needs to appear. This is specific to Reckless Driving in NYC.

Third, there must be cases where the motorist’s behavior after the car stop prompted the officer to write the more serious reckless charge. Arguing with an officer doesn’t help. While not every officer will be swayed one way or another by the motorist’s attitude, we have to acknowledge that officers are human and have discretion when it comes to what they issue. It’s fair to assume that in some small percentage of cases an argumentative motorist can drive away with a reckless charge where a more cooperative motorist would have been issued the simple traffic violation.

What does a Reckless Driving Lawyer do in court?

Luckily, lawyers aren’t the only ones who recognize that Reckless Driving is charged in many cases where a simple traffic ticket should have been issued. The Prosecutors and Judges see the same thing. In cases such as these we are typically able to get Prosecutors to agree and Judges to sign off on significantly reduced charges that result in damages no more severe than a parking ticket.

There is also the Reckless Driving situation where a motorist may have actually been driving recklessly. Trying to evade police, drag racing…these are situations where the charge may actually fit. In these cases, the Prosecutor and Judge may not be as sympathetic but a lawyer’s strategy remains the same–try to negotiate a significantly reduced charge.

If you’ve been charged with Reckless Driving in NY, just make sure you do your research and proceed carefully. While your outlook is good in the vast majority of these cases, the potential penalties are too severe to play around. When you are dealing with a criminal misdemeanor charge you should always consult with an attorney before proceeding.

Scott Feifer

New York State’s message with respect to distracted driving (texting, navigating your Ipod, talking on the phone, etc) is clear–don’t do it.

As mentioned a couple of weeks ago (More Points For Cell Phone Tickets In NY) , Governor Cuomo had set his sights on toughening existing distracted driving laws. Tuesday, it became official.

The Governor signed a new law that strengthens the enforcement against the use of handheld electronic by a driver while a vehicle is in motion. The legislation makes this action a primary traffic offense, giving law enforcement the power to stop drivers solely for engaging in this activity.

Until now, it had been a secondary offense and a traffic ticket for using a handheld electronic device could only be issued if the car was stopped for a primary offense such as speeding or red light or most other traffic violations.

The Governor also announced that the penalty for using a cellular phone without a hands-free device or using a handheld electronic device while driving would increase from two to three points through changes in state regulations. At the start of this year, this was actually a no point violation. In February it became a two point violation and five months later it’s getting a bump to a three point violation.

The law itself remains unchanged. We’ve discussed it before and you can read more about it here (NY Driving While Talking On Cell Phone And Texting While Driving)

The fines all remain the same. Traffic law enforcement and traffic ticket prosecution may indeed in most cases be more about revenue collection than safety, but this seems to be a simple straight forward attempt to get people to pay more attention and put their gadgets down while driving.

Scott Feifer, Esq.

I am often asked, “why should I hire an attorney?”.  My general response is that we know the officers, the judges, and what the officer is required to say in order to meet his or her burden.  Thus, we know when the officer has made a mistake.  An unrepresented motorist must rely on the judge to catch any mistake and will never know if a mistake is in fact overlooked.  I have often found that knowing the judge’s individual style can mean the difference between a guilty and a not guilty.

I tried a case recently for disobey traffic device ticket.  The officer testified that the sign said “No Left Turns”.  However, thie particular judge presiding always wants an exact description of any sign the motorist is accused of violating.  Any mistake will warrant a dismissal of the ticket.  It in fact took only one question to give her that reason.  The officer mentioned pavement markings as well as a sign that he testified directed all traffic to proceed straight.  However, such signs are not just words alone and have a graphic as well.  Since the officer did not testify to the graphic in his original testimony, the ticket was dismissed for an inadequate description of the sign.

Knowing the particular quirk of this judge gave me all the ammunition I needed to make a winning motion on this ticket.  With other judges, I would have known I’d have to keep digging for something else.

Andrea Casellas, Esq.

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.

So I just got my first red light camera ticket. I saw the video–I deserved it. Nassau County is $65 richer today thanks to me.

Luckily, red light cameral tickets are simply considered parking violations. They are issued against the vehicle and not an individual driving record. I’m not sure if people have successfully fought them but at least the fine is the end of it. There are no points or insurance ramifications to worry about.

Legal consequences aside, failure to stop at red lights can be extremely dangerous. Here are some very basic red light related reminders:

•    If you are the first car at a red light, don’t rush into the intersection when the light changes.  Give a couple of seconds and an extra look to make sure traffic with the red signal has stopped.

•    If the light is amber, don’t speed ahead to “make the light.”  Slow down and prepare to stop.  Remember that amber lights vary greatly in their timing.  If you have enough time to stop, then stop.

•    If the light is red, certainly stop.  No decision to be made there.  Do it for your own safety, not because you want to avoid a ticket.

•    Know the difference between arrow signals and disc signals.  An arrow, red or green, controls drivers intending to move in a particular direction.  A traditional disc, or circle signal, generally applies to drivers moving in any direction at the intersection.  Pay attention to the types of signals you are facing.

•    If you are in a strange location and don’t know the traffic patterns, traffic signal timing, or intersections, proceed with particular caution.  Many accidents occur when drivers are lost and some intersections can be trickier than others.

Drive Safe.

Submitted by Scott Feifer

Many people question why they were given a ticket for an improper turn when there was no signage prohibiting the turn itself.

An improper turn doesn’t have to do whether the turn itself was legally allowed. The violation has to do with how the turn was executed.

Basically, left and right turns need to be made from as far to the left and right of the roadway as practicable.

A conviction for the traffic violation carries two points.

Here’s the entire relevant section of the NYS VTL.

§ 1160. Required position and method of turning at intersections. The
driver of a vehicle intending to turn at an intersection shall do so as
follows:
(a) Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right hand curb or edge of
the roadway or, where travel on the shoulder or slope has been
authorized, from the shoulder or slope.
(b) Left turns on two-way roadways. At any intersection where traffic
is permitted to move in both directions on each roadway entering the
intersection, an approach for a left turn shall be made in that portion
of the right half of the roadway nearest the center line thereof and by
passing to the right of such center line where it enters the
intersection and after entering the intersection the left turn shall be
made so as to leave the intersection to the right of the center line of
the roadway being entered. Whenever practicable the left turn shall be
made in that portion of the intersection to the left of the center of
the intersection.
(c) Left turns on other than two-way roadways. At any intersection
where traffic is restricted to one direction on one or more of the
roadways, the driver of a vehicle intending to turn left at any such
intersection shall approach the intersection in the extreme left-hand
lane of the roadway lawfully available to traffic moving in the
direction of travel of such vehicle or, where travel on the shoulder or
slope has been authorized, from the shoulder or slope, and after
entering the intersection the left turn shall be made so as to leave the
intersection, as nearly as practicable, in the left-hand lane lawfully
available to traffic moving in such direction upon the roadway being
entered.
(d) When markers, buttons, signs, or other markings are placed within
or adjacent to intersections and thereby require and direct that a
different course from that specified in this section be traveled by
vehicles turning at an intersection, no driver of a vehicle shall turn a
vehicle at an intersection other than as directed and required by such
markers, buttons, signs, or other markings.
(e) U-turns. U-turns shall be made from and to that portion of the
highway nearest the marked center line. Where more than one lane of a
highway has been designated for left turns, U-turns shall be made only
from the lane so designated that is adjacent to the marked center line.

The video is pretty self explanatory.

If you see an emergency vehicle or worker on the side of the road, slow down and mover over a lane when possible.

The NY Move Over Law is more than just a symbolic violation to honor Officers Ambrose and Searles for whom the law is named.

It’s a new law that went into effect on Jan 1, 2011 and we are starting to see officers out there for crackdowns specifically on motorists who fail to “move over” and switch lanes while approaching an emergency vehicle engaged on the side of the road.

A recent week long enforcement blitz in Poughkeepsie resulted in the issuance of 865 tickets.  A similar two day blitz in the Buffalo area resulted in 43 move over traffic tickets issued.

You can read more about the Ambrose-Searles NY Move Over Law or just keep in mind these two points:

• On all roadways, you must reduce your speed when approaching an emergency vehicle.

• On larger roadways (Parkways, Controlled Access Highways, roadways with multiple lanes) you must reduce your speed and move from the lane immediately adjacent to the emergency vehicle as soon as it’s safe to do so.

If you’ve been issued one of these tickets, let us know.  They carry two points and we’d love to hear the circumstances under which yours was issued.

Submitted by Scott Feifer, Esq

A good place to start when making the decision whether to fight or pay a speeding ticket is looking at the penalties you may face if convicted of speeding.   The worst thing you can do is simply pay a  ticket without any knowledge of the potential consequences.  We see too many people who call us after they pay and didn’t realize there were so many points involved or such high surcharges or even a license suspension.

1. NY speeding tickets will result in points on your license (from three to eleven depending on the amount over the speed limit), a fine and surcharge to the court, potential additional state surcharges, potential insurance increases and, depending on your record and the extent of the speed itself, possible license suspension.  Get a handle on all this first and foremost because you can’t effectively decide how aggressively to move forward without an understanding of the consequences.

2. Now look at what these consequences above mean to you.  You live in NYC and don’t drive much or live in New Jersey and can avoid driving in NY?  Perhaps losing your privilege to drive in NY doesn’t scare you as much as it would a commercial driver who must drive in NY to remain employed.  A wealthy individual may be less intimidated by high fines, surcharges and insurance than others.  The question here is how badly do you desire to avoid the consequences you are facing.

3. What will it “cost” to contest this, keeping in mind that “cost” refers to both money and time.  Will you need to attend court and is the court near or far?  Time off from work necessary?  Considering an attorney?  How much will the attorney cost and how much time and/or money might the attorney save?

4. What are your chances for success?  If you contest a traffic ticket, there is some goal.  Of course we all want a ticket to be dismissed in it’s entirety, but perhaps you need at very least a reduction in points to save a job or your privilege to drive or to avoid large surcharges or insurance increases.  Or perhaps you need the violation itself to be altered via a plea bargain to avoid certain types of automatic penalties.   Is achieving your goal a long shot or is it very realistic?

5. What is your personal philosophy?  Money and time and potentially the principle involved mean different things to different people. Some people may be inclined to pay this ticket and just fight the “next” one should it happen.  Others can’t bring themselves to roll over and accept any conviction without a fight.  Ultimately you are the one who makes the final decision on how to proceed based on who you are and what works best for you.

Some decisions are easy.  You are a city bus driver who will lose his job if convicted?  You are fighting your ticket.  However, in situations that aren’t necessarily as black and white, there just isn’t a blatant “right” answer with respect to whether a speeding ticket should be challenged.   I generally advise that if you are uncertain how to proceed, you should err on side of fighting it.  If you are uncertain and are seriously considering fighting the speeding violation, this usually means that the penalties are of some concern and that you do believe there is some reasonable chance of success.  Moreover, you are way more likely to regret in the long run doing nothing than you will regret doing your research and putting up a good fight.

If you just aren’t sure what to do, my advice will be to fight it and try to avoid the speeding ticket conviction on your record and the penalties that come with it.

Submitted by Scott Feifer