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

Last year, NY introduced it’s “move over” law to protect police officers and other emergency workers from the dangers of passing vehicles while working roadside (move over law NY).  Now New York’s “move over law” is being expanded as of New Year’s Day to include tow trucks, other emergency vehicles and highway crews.

The law requiring drivers to shift lanes when approaching flashing police lights will now include flashing amber lights as well.

Drivers must slow down when and where it isn’t safe for them to actually change lanes and move over.

Just last month, Kevin Woloszyn was driving in Cattaraugus County on Interstate 90 when his truck broke down. The tow truck driver who responded was killed when a tractor trailer hit him.  It’s a said reminder of the dangers of working roadside and stories like these are the inspiration for the original (and now the expanded) version of the law.

It’s pretty simple from a driver’s perspective.  If you see activity on the side of the road, proceed with caution.  Move over and out of the way if you can, slow down if you cannot.

Scott Feifer

NY attorney Eliott Dear was pulled over in July 2007 by a New Jersey state trooper.  He was issued a speeding ticket for driving 84 mph in a 55 mph zone.

A few days after the issuance of the summons, Dear wrote a letter to the traffic court on his law firm’s letterhead.  He accused the officer of calling him a “Jew Kike.”

When an Internal Affairs officer interviewed Dear by telephone he repeated his claims of anti-Semitic behavior.  Dear also cited the officer’s failure to acknowledge his explanation for speeding: that his pregnant wife needed a bathroom.

Fortunately for the officer, his car and uniform were rigged to video and audio recording devices throughout the car stop.  Neither recording supported Dear’s version of the incident.

Internal Affairs cleared the trooper of wrongdoing and the state police subsequently lodged a complaint against Dear using the recording and the Internal Affairs interview as their primary evidence.

After it was all said and done, Dear paid the $265 ticket.  He admitted that the trooper never used an ethnic slur against him. A disciplinary committee for the New York appellate court’s Manhattan-based first department made five charges against Dear, and the lawyer admitted to them.   Despite Dear’s plea for a censure or reprimand, the hearing panel recommended a six-month suspension, which the appellate division granted on Dec. 8.

This could have caused irreparable damage to this officer’s career, reputation and family.  This could have caused tremendous tension in the community.   Makes you wonder sometimes what people are thinking.

On average, the nation received three stars (out of 5).  New York is a four star state.

Stars are awarded as follows:

1. Requiring ignition interlocks for all convicted drunk drivers
2. Conducting sobriety checkpoints
3. Creating enhanced penalties for those who drive drunk with children in the vehicle
4. Participating in “no-refusal” activities for those suspected of drunk driving
5. Utilizing Administrative License Revocation for drunk driving offenders

New York did not receive a fifth star in relation to the “no-refusal” point.  I imagine just about every state has some law or method to address those who refuse to immediately submit to a BAC test because it’s necessary to prevent people from getting away with DWI just by saying no to a field test.  In New York Section 1194 of the Vehicle and Traffic Law provides for the temporary suspension (pending a hearing on the matter) and subsequent revocation (if the hearing shows you did indeed refuse) of a license or operating privilege when a person refuses to submit to a chemical test.  MADD is actually talking about “no refusal activities” like the no refusal weekends some states have set up.  These are enforcement periods where checkpoints are set up and people are asked to submit to a test and if they refuse judges are on call all weekent to issue warrants authorizing the police to draw blood on the spot.  The intent here is to publicize the fact that refusal will not be an option.

Overall, NY did well with it’s four stars according to this report and is “working diligently to stop drunk driving.”

Scott Feifer

MADD rates each state

The simulator aims to replicate some real world distractions.  These distractions come via the voice of an annoying passenger who fails to wear her own seat belt, asks the driver to drive faster and then requests that the driver calls and texts her brother.

Through the distractions the driver must maneuver local streets and then highways while using either a real cellphone or the one integrated with the video simulation.

During a demonstration yesterday, test subjects routinely got into fake accidents while trying to multitask.  Scarsdale police Chief John Brogan quickly got into an “accident” while trying the simulator himself.

Westchester County District Attorney Janet DiFiore said the demonstration should make it very clear that “even one second of distraction can lead to a lifetime of regret” and that distracted driving poses dangers “not only to the driver and the passenger but to everyone who uses the roads.”

The simulator is part of a plan to teach and enforce state laws related to distracted driving that governor Cuomo has shown are clearly a priority in New York.  These laws have gone secondary violations (could only be issued if the car stop was primarily for another violation) which cary no points to secondary violations that carry two points (February) and then to primary violations which carry three points (July) all this year.

While distracted driving is something every single driver needs to avoid, it is particularly prevalent with younger (and thus the least experienced) drivers.   In March, Transportation Secretary Ray LaHood released a poll that said 30 percent of people under 30 acknowledged sending text messages while driving.

Scott Feifer

There’s a lot of bad news recently surrounding the NYPD and I’ve had a few clients ask me about it.  I get mostly either a question about specific Bronx traffic tickets or just general commentary and grumbling about bad officers issuing bad tickets that may or may not have been justified.

1.  Will the Bronx TVB ticket fixing scandal affect my already closed or still open traffic violation matter in the Bronx?  Start with the premise that only tickets issued by the officers who have been either criminally or administratively involved in the scandal are in play.  Just because your ticket was issued in the same borough does not automatically raise questions about it.  From there, realize that it’s incredibly unlikely for any action to be taken on closed cases.  There are a number of legal and administrative reasons why that’s highly unlikely.  So we’re only talking about active/open TVB traffic tickets issued by officers involved in the scandal and with respect to those the answer is yes–your case may very well be affected.  If the officers are temporarily or permanently banned from testifying in traffic court, you may get lucky and an officer won’t appear in court on your hearing date.  If you have reason to believe a ticket you are currently fighting was issued by an officer named in the ticket fixing scandal, set a hearing date and go to court.  Don’t delay.

2.  Other clients while discussing their traffic tickets with me have either said it outright or insinuated that these multiple scandals are “proof” that that cops lie and do bad things and a judge should and will dismiss their ticket.  It’s here where we need a little perspective.  First, many just express their displeasure with their issuing officer to me but never really bother to tell me they didn’t do what they were accused of doing.   It’s unfair just because you are annoyed you got busted to make the jump and connect officers simply doing their jobs and issuing traffic tickets with an officer planting crack on an innocent person.   Second, even if you really didn’t go through that red light or speed as fast as an officer charged you, it doesn’t mean the officer intentionally or negligently wrote a bad summons.  The officer may have made an honest mistake and again, this is very very far from corrupt behavior.  Finally, you shouldn’t assume the officer you encountered in a traffic stop has any inclination towards corruption just because he’s a police officer.  There are scandals in every profession and clearly that does not make everyone in that profession corrupt.

On that last note, a recent quote from Justice Milton Mollen, a former deputy mayor and longtime judge who explored police corruption two decades ago.  “These are isolated individuals. The vast majority of police are not corrupt,” he said. “If you have 35,000 police officers … think 35,000 clergymen, 35,000 lawyers, 35,000 ditch-diggers, you’re going to find X percent are going to be corrupt.”

Scott Feifer

Eleven of the 16 were charged with fixing tickets.  All 16 were charged with a official misconduct charges ranging from destroying summonses to accepting gifts or forcing other officers to perjure themselves in court.

Many officers not directly involved with the scandal were at the scene to protest the entire investigation.  The crowd of officers backed their colleagues while voicing their displeasure with NYPD officials who pushed ahead with this investigation in the first place.   Officers referred to the investigation as a “persecution”, not a prosecution.  Chants of “Ray Kelly, hypocrite” and “innocent, innocent” were heard from the crowd.

Patrolmen’s Benevolent Association head Pat Lynch said the investigation focused on rank-and-file cops and spared higher ranking officers.  One sign at the scene read “just following orders”, a reference to the fact that many of the subjects of the investigation claim they were simply acting on a request of a superior within the department to help make a ticket go away.

In general, officers feel it is quite unfair to suddenly unleash an investigation of this scope and levy criminal charges for fixing tickets which was as much a part of regular police work as issuing a ticket itself.  Ticket fixing was traditionally seen as a courtesy, not a crime.

According to Commissioner Kelly, ticket fixing activities  “are crimes under the law and can’t be glossed over as ‘courtesies’ or as part of an acceptable culture.”  He added that “those who try to rationalize them as such are kidding themselves.”

The accused accused officers were shown some courtesy and given the opportunity to turn themselves in overnight as a way of dodging the media and delays in fingerprint processing.  This didn’t seem to mean much to the officers who feel, as one put it, that “this whole thing is a bunch of bullshit”.

Scott Feifer, Esq.

October 15, 2011
In 2003, 3,815 aggressive driving violations. In 2010, 23,180. Aggressive Driving On the Rise In Florida

September 18, 2011:
Missouri Child Passenger Safety Week. Aggressive Enforcement Of Child Safety Restraint Violations

August 25, 2011:
Houston follows Los Angeles and ends red light camera program.  Putting An End To Red Light Camera Enforcement

July 19,2011:
Carmageddon in California wasn’t as bad as expected. Nicely Done, California Drivers

July 15, 2011:
New Illinois law makes it the 15th State to require every person in car to wear a seatbelt.  Illinois Seat Belt Law

July 5, 2011:
South Carolina forms Commission to examine automated camera traffic tickets. South Carolina Camera Tickets

July 1, 2011:
California changes law with respect to driving school and ticket dismissal. New California Driving School Law Closes Loopholes.

June 28, 2011:
Nevada ahead of the game in preparing for self driving cars. Nevada Thinking About A World With Self Driving Cars.

June 23, 2011:
Possible national bill to ban driving while using a cell phone. National Cell Phone Bill Proposed

June 17, 2011:
Examples from a few states of some of the issues surrounding camera tickets. Camera Ticket News From Around The Country.

June 15, 2011 Traffic Ticket helps police catch carjacker. Traffic Ticket In Getaway Car Is The Clue.

June 9, 2011
Mahwah, NJ Traffic Tickets Issued Electronically With New System.  Mahwah, NJ Traffic Tickets

June 8, 2011:
Texas Traffic Ticket Information Now Available Online.  Texas Traffic Tickets

In August, the first full month after the new law took effect, Police issued 1,082 tickets.  According to NY State records, this is up from an average of 427 per month from January through June.

Cuomo commented that “We were serious when this law passed. Texting while driving is illegal and the law is being enforced, so don’t do it,”

Whether it was a coincidence or he knew it was a Doors (Roadhouse Blues) song lyric, he added “Keep your eyes on the road and your hands (up)on the wheel.”

This summer’s new law changed what was a “secondary” offense  (could only be issued after observing another traffic violation) to a “primary” offense .  Now, officers could stop motorists and issue a summons if texting was the only violation observed.

In NYC, records show 438 tickets issued in August, up from an average of 189 per month from January through June and up from 109 in August 2010.

If you are issued a traffic ticket, your first steps should simply be to

1.  Quickly figure out what to do.  From our perspective, the easiest thing to do is call us and let us walk you through the decision making process via a short, free consultation.  We can’t vouch for any other advice or information you may receive, but whether you are speaking to an attorney or relying on a past experience or getting information from the internet or a directly from a court, you’ll want to first and foremost get reliable advice and figure out what your best course of action is.

2.  Do whatever it is you decide to do.

The only way you can really mess this up is by putting off the decision making process.  What if you wait too long and now you are forced to schedule a case for a less convenient time or are forced to do something in person that you previously could have done online?  Sometimes you’ll do your research and figure out that the plan is to delay or wait for something.  That’s OK.  What we’re talking about it putting off the process of formulating the actual plan itself–there is literally zero upside and only downside when you wait around and figure out what to do “later on”.

Once you have a handle on how you intend to proceed, make sure every step of the process is handled in a timely fashion.  Almost everyone who gets a traffic ticket is worried about the same things.  Big fines, big surcharges, losing a privilege to drive, losing the ability to earn a living and increased insurance rates are at the heart of most traffic ticket related concerns.  The only surefire way to suffer any or all of these consequences is to do nothing and miss deadlines, court dates, etc.

Traffic tickets in NY are handled by two different systems–the Traffic Violations Bureau (TVB) in NYC and a couple of other locations and the various local courts throughout the state.   In either system, it is imperative for a motorist who has been issued a traffic ticket to:

• Respond on time.
• Appear on scheduled hearing dates.
• Pay fines (if any due) on time.

Following through on these simple items above does not guarantee a successful outcome with your case.  However, failure to follow through with any one of these is a guarantee that there will be trouble in the form of suspensions, insurance issues, higher fines and surcharges, etc.

I could give a hundred examples of how simple failure to respond on time, attend hearing dates or pay things on time have led to a host of both expected and unexpected issues.  One day and one dollar late can be as damaging as ignoring things for a year.  I’ve seen people get arrested, lose their jobs, get denied employment they were on the verge of getting.  I’ve seen insurance go through the roof.  All sorts of bad things and situations that easily could have been avoided.

That’s the most frustrating part of procrastination related issues.  They are completely avoidable.

Traffic tickets are not always easy to fight or easy to beat and sometimes the consequences will follow no matter how hard you fight, how good your lawyer is, etc.  On the other hand, problems caused by procrastination and tardiness are completely preventable.  This isn’t groundbreaking stuff–just a reminder of how quickly and severely things can go bad when you put off making decisions and taking timely action on a traffic violation charge.

Submitted by Scott Feifer