In New York, an adult seat belt ticket carries no points but does have roughly a $150 fine while a child seat belt ticket carries 3 points and roughly a $150 fine.  Buckle up!

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Pursuant to Vehicle and Traffic Law Section 1221, “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.”

New York City police officers issue more reckless driving tickets per capita than any other place in New York.  Often, they issue them for offenses that are actually mere moving violations.  At first blush, the issuance of such tickets may seem unfair but, in practice, the police officer is actually doing the motorist a favor.

While reckless driving is more serious than a moving violation, it can be resolved by plea bargain (unlike NYC moving violations).  Therefore, often a motorist can negotiate this charge down to a 0-point, non-criminal result.  In contrast, a NYC traffic ticket cannot be reduced by a plea deal.  The Traffic Violations Bureau does not engage in deal making.  Therefore, ironically, you have a better chance for a more favorable result  with the more serious charge of reckless driving.

Additionally, a reckless driving ticket can be dismissed if there is a defect in the original copy filed with the court.  On your court date, you or your traffic lawyer can review it for such defects.

Regardless of where your reckless driving charge is issued, you should always fight it.  If you plead guilty, you will have a permanent criminal record, get 5 points assessed to your license, be required to pay a fine and face an auto insurance rate hike.

Our traffic law firm has fought 100s of reckless driving tickets in New York and has a favorably resolved the vast majority of them.  Therefore, there is no good reason for you to just pay it.

For more information about fighting a reckless driving ticket, check out my post entitled “How Much Does A Reckless Driving Ticket Cost?”

Below is a list of courts in New York City which handle reckless driving tickets (also known as a pink summons).

Manhattan (New York) Criminal Court
346 Broadway
New York, NY 10013

New York Midtown Community Court
314 West 54th Street
New York, NY 10019

Queens Criminal Court
120-55 Queens Blvd
Kew Gardens, NY 11375

Bronx Criminal Court
215 East 161st Street
Bronx, NY 10451

Kings (Brooklyn) Criminal Court
120 Schermerhorn Street
Brooklyn, NY 11201

Kings (Brooklyn) Community Court
88-94 Visitation Place
Red Hook, NY 11201

Richmond (Staten Island) Criminal Court
67 Targee Street
Staten Island, NY 10301

The post What Is Reckless Driving? appeared first on Confessions Of A Traffic Lawyer.

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Below are the findings:

• most startlingly, 44% of pedestrian accidents occurred while the person walked within a cross walk and with the light.  Clearly, pedestrians MUST be vigilant even when “they’re in the right”.  Indeed, 6% of pedestrians were injured while on the sidewalk.  Jaywalking pedestrians only accounted for 23% of the accidents, and those who disregarded the light made up 6% of the injured.
• taxis pose the largest threat to cyclists with 40% of injured cyclists being hit by cabs, and a 25% of pedestrian accidents also involved taxis.  Cab drivers pull along side curbs and hustle about for fares accounting, in part, for these stats.
• obese pedestrians overall sustained less severe injuries than their move svelte counterparts.  Apparently, extra body fat acts as a cushion.
• 15% of pedestrians and 11% of cyclists consumed alcohol before their accident.  No surprise here.
• 8% of injured pedestrians and cyclists we using an electronic device like a cell phone or iPod.  Again, no surprise.
• less than 33% of injured cyclists we wearing helmets.  Again, no surprise.  You MUST wear a helmet anytime you get up on a bike.
• on weekdays, 60% of injured pedestrians were hurt between 9 am and 6 pm, high traffic hours.
• cyclists were most likely to be injured between 12 pm and 3 pm, and were more common than pedestrian hours between 6 pm and midnight.  Food deliveries during these time slots could account for these stats

Bottom line:  Pedestrians and cyclists must be vigilant at all times and refrain from consuming alcohol and being distracted.

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I applaud Howell’s efforts and hope the New York Legislature would follow his lead.  Unfortunately, it too many years for New York to prohibit texting and driving despite the obvious dangers and many studies showing the dangers of distracted driving.

Noteworthy is the suggestion of Mashable author Alex Fitzpatrick that one could “foresee ways in which Google Glass or a technology like it might provide an ‘enhanced driving’ experience which could boost, not reduce, automobile safety. Hypothetically, a Google Glass-powered GPS view could put navigation information in a location that’s actually more convenient than the dashboard. Additionally, Google Glass is heavily voice-controlled, so perhaps the company could add a “driving mode” which would provide audio turn-by-turn directions without any potentially distracting visual elements.”

A Google spokesperson bolstered this position telling Mashable, “We actually believe there is tremendous potential to improve safety on our roads and reduce accidents. As always, feedback is welcome.”

I am skeptical that using Google Glass while driving can save lives or reduce accidents especially when it is first introduced.  However, I am keeping an open mind.  With that said, I strongly believe that using Google Glass (and similar devices) should be made a moving violation immediately.  Send a message to buyers of this product (once it is available) that it is not to be used while operating a motor vehicle.  At the same time, I welcome studies to determine whether and how it can make vehicular travel safer.  If and only if this is clearly shown, then the Google Glass restriction can be stricken or amended.

What do you think?

The post Google Glass Should Be Illegal (Part 2) appeared first on Confessions Of A Traffic Lawyer.

• A traffic ticket conviction or an accident normally remains on a driver record during the year that the conviction or the accident occurred, and for the following three calendar years. (Note: The DMV uses the year when the conviction occurred, not the year when the violation occurred.)  The DMV removes a conviction or an accident from a driver record on January 1 of the fourth year after the year of the conviction or the accident. For example, an accident or a conviction that occurred during 2009 remains on the driver record until January 1, 20013.
• A conviction that is alcohol-related or is for driving while impaired by drugs (for example, DWI or DWAI) remains on a driver record for exactly 10 years. If a driver is convicted of the same violation during that 10 years, the driver can receive additional penalties.
• There are other convictions and accidents of a serious type that can remain on a driver record for more than 10 years.
• A suspension or a revocation of a driver license that was not cleared remains on a driver record indefinitely.
• If the suspension is for a drug-related offense arising out of Penal Law section 220 or 221, the suspension remains on a driver record for four years from the date the suspension is terminated.
• A suspension or a revocation that was cleared or terminated remains on a driver record for four years from the date the suspension or revocation was terminated. (Note: The DMV uses the year when the suspension or the revocation was cleared or terminated, not the year when the suspension or the revocation began.)

Note: Employers and organizations frequently ask for a driver abstract that shows all the activity for the previous 10 or more years. The DMV cannot provide a driver abstract that shows information that is different from the information that is described above.

If you need a copy of your driving record, you can get it from DMV or we can obtain it for a small fee.

The post How Long Does A NY Traffic Ticket Stay On My Driving Record? appeared first on Confessions Of A Traffic Lawyer.

A new product called ORIGOSafe works similarly, however, it prevents texting and driving.  Your car will not start unless the driver inserts his or her cell phone into a slot in the center console.  unless your phone is plugged into the device, your car will not start.  ORIGOSafe lists for $279 plus installation costs.

Other options to accomplish the same result are apps called TXTBlocker and cellCONTROL.  They block text message signals when your phone is in a car.

These devices are particularly helpful for making sure young drivers do not get distracted by their cell phones.  Anything that prevents such conduct, in my opinion, is a good thing.

The post Interlock Device To Prevent Texting And Driving appeared first on Confessions Of A Traffic Lawyer.

During this period, records show that: 45,910 tickets were issued in Brooklyn, 45,036 in Manhattan, 38,947 in Queens, 12,763 in the Bronx and 5,114 on Staten Island.  In each case, the total number of issued tickets was higher than the year before (when the texting law was a secondary offense).  For instance, there were 91 tickets issued for illegal texting in the Bronx before the law was changed, and 900 the following year.

Statistics show that during this same period there were nearly 20,000 tickets issued for texting, up from about 4,500 the year before.  However, while there were 296,094 tickets issued for using a cellphone between July 2010 and July 2011, that number dropped to 218,323 after the law was changed.

While we strongly urge you to never text and drive, and never use a mobile phone without a hands-free device, the above stats show that doing so in New York City will most likely get a ticket.

The post The Most Likely Place To Get An Illegal Cell Phone Or Texting Ticket appeared first on Confessions Of A Traffic Lawyer.

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In People v. Welch, the defendant was observed holding an iPhone to his chin while operating his car.  He was charged with illegally using a mobile phone in violation of VTL Section 1225-c.  Welch admitted he was talking into his iPhone, but claimed that he was merely using its “Siri” feature to activate a call.  Siri is a voice-activated “personal assistant” that can do things such as initiate phone calls and conduct web searches.

Judge Karen Morris of the Brighton Town Court found the defendant credible and said the evidence “rebuts the inference that he was engaged in a call and instead establishes that he was activating a call”.

Judge Morris’ finding was critical because, under Section 1225-c, it is only illegal for a driver in motion to use a mobile phone to “engage in a call”.   Judge Morris concluded that the defendant was not guilty because, under VTL 1225-c, it is not illegal to merely activate a call while driving.

The defendant in Welch was lucky, however.  If he had been charged with VTL 1225-d (New York’s law against texting and driving), then he would clearly have been found guilty.  Using Siri while driving is clearly illegal under VTL 1225-d.  This law prohibits motorist from using any portable electronic device (including the iPhone’s Siri feature) while driving.  Using is defined broadly and includes using Siri while it is in your hands.

A California appellate court in People v. Spriggs recently reached the same conclusion holding that “using” an electronic device includes using a GPS navigator.  The court’s decision further indicates that it would have reached the same conclusion for basically any activity that one could do on a hand-held electronic device including texting and even looking at its clock.

Bottom line: You can speak with your passengers while driving but NOT your Siri, and don’t hold your electronic device while driving.

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