NYC Uses QR Codes And Haiku To Promote Traffic Safety

Be safe.   Watch out.  Drive carefully.  These are all common expressions that we say all the time.  Unfortunately, they are so commonplace that they can be easily ignored

Well New York City has figured out a clever way to get the attention of motorists, bicyclists and pedestrians.  They have created a series of 12 colorful street signs with QR codes. These signs will be installed in high-crash locations near cultural institutions and schools. When someone downloads the code, they are given a Haiku poem to remind them of traffic safety issues.

I love this idea.  It hopefully will provide a fresh and compelling reminder that hopefully New Yorkers will actually heed.

Take look at them and let me know which is your favorite?

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First Amendment Extends To License Plates

In March 2010, I wrote about how DMV censors vanity license plate requests and rejects those which it finds to be offensive in a post entitled “Funny And Offensive Vanity License Plates“.

Well, last week, in a 7-year old lawsuit, a Federal judge in Albany held that DMV can be required to give motorists the option of getting a license plate border with a politically-sensitive message.  Specifically, the plates state “Choose Life”.

The DMV argued that such plates could induce road rage, but the Judge Neal McCurn held that the DMV’s prohibition violated motorists’ free speech First Amendment rights.

Enforcement of this ruling is on hold while the case is appealed but, if it is upheld, you can expect to see a multitude of new license plate templates including a “9/11 Remembrance Plate” and a “Cure Childhood Cancer” plate (both of which are on hold pending a final decision in this case).

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Commercial Vehicles No Longer Must Display NYC Tax Stamps?

The Federal Motor Carrier Safety Administration recently sued New York City arguing that it is unlawful for the city to require commercial vehicle operators to display an MVT sticker, and won!

The MVT sticker is proof that the operator has paid an annual tax imposed upon non-passenger motor vehicles used principally in New York City or in connection with a business carried on in the City, and passenger vehicles used to transport passengers regularly in New York City.  Examples of vehicles included within the reach of this tax are trucks, construction vehicles, camper trucks, taxis and buses.  The tax is $1,000 for medallion taxis, $400 for other passenger vehicles and ranges from $40 to $300 for non-passenger vehicles.

On October 20, 2010, the Federal Motor Carrier Safety Administration (FMCSA) rendered a decision barring the City of New York from requiring the display of Commercial Motor Vehicle Tax (CMVT) stamps for commercial vehicles engaged in interstate commerce.  The decision does not apply to taxi cabs, however.

This decision means that operators of affected commercial vehicles are not required to display an MVT sticker and police officers cannot properly issue a pink ticket for failure to have one.  If you are issued a No MVT Tax Stamp ticket, you should be able to get it dismissed based on the above decision.

Note: A request to reconsider the FMCSA decision is pending so it is possible that this decision would be reversed.  However, if you have such a ticket, you should definitely fight it and, for now, you should expect to win.

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What The NYC Ticket-Fixing Scandal Means To Motorists

I first wrote about the New York City ticket-fixing scandal last April.  We explained that in all 12 Bronx precincts, fixing traffic tickets was a common practice.  Indeed, one or more officers in each precinct were assigned to be “fixers”.   These individuals would take requests to get traffic and parking tickets dismissed for friends and families of police officers.

Well, last week, after an extensive investigation, 16 Bronx police were indicted on various charges but most centering around the “courtesy” of making roughly 300 traffic tickets and parking tickets “go away”.  So what does this mean to the motorists?

All of these officers have been suspended from duty pending trail of the charges brought against them.  That means, that none of these officers will appear in traffic court for the near future.  If you have a case pending with any of these officers, then do NOT miss your court date.  Show up and be ready for trial.  Without the officer, your judge at the Bronx Traffic Violations Bureau (pictured above) will have to dismiss the charge or, at the very least, mark it against the officer.  Upon the second mark, the Bronx TVB will almost always dismiss your case.

What if your case wasn’t issued by one of these 16 officers?  In addition to the indicted cops, 100s of other Bronx police officers face disciplinary action arising out of the scandal.  This means that there very well may be other Bronx police officers who will not be able to testify in traffic court.

Bottom line:  Plead not guilty to any Bronx traffic ticket and appear as scheduled.  Do not re-schedule, and answer ready when your case is called.  You may be in for a pleasant surprise.

Below is the list of the 16 police officers arrested last week.

Joseph Anthony, Virgilio Bencosme, Jason Cenizal, Jennara Cobb, Michael Hernandez, Marc Manara, Christopher Manzi, Brian McGuckin, Eugene P. O’Reilly, Jaime Payan, Ruben Peralta, Jose R. Ramos, Jeffrey L. Regan, Luis R. Rodriguez, Christopher Scott, and Jacob G. Solorzano.

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What Is True Discipline?

I had a opportunity to hear one of the all-time great business writers and speakers, Jim Collins, this month.  Author of business classics “Good To Great” and “Built To Last”, Collins was talking about his new book “Great By Choice” at a Fortune Magazine event at the Time-Life Building.

My favorite take-away involved discipline and is from Chapter 3 called “20 Mile March”.  Collins discusses explorers Roald Amundsen and Robert F. Scott.  Amundsen and Scott each sought to be the first to reach the South Pole leading separate teams that left the edge of the continent at roughly the same time.

On December 14, 1911, Amundsen’s group of five arrived at the South Pole. They arrived 35 days before Scott’s group. Tragically, Scott and his entire team perished on their return journey from a combination of exhaustion, starvation and extreme cold.  In contrast to the misfortunes of Scott’s team, Amundsen’s trek proved rather smooth and uneventful.  So how does Collins explain the different experiences and outcomes?

Amundsen’s expedition benefited from careful preparation, good equipment, appropriate clothing, and a simple primary task (Amundsen did no surveying on his route south and is known to have taken only two photographs).  Additionally, Amendsen’s team employed a 20-mile march rule.  That is, every day they proceeded roughly 20 miles.  Regardless of weather, conditions or anything else, the team kept to the plan of 20 miles.  The rigorous adherence to the plan was best exemplified when Scott was only 45 miles away from the South Pole.  Not knowing whether Scott was going to beat him, he allowed his team to only proceed 17 miles that day despite perfect weather conditions and the pole well within striking distance.

Scott’s team used a different approach.  They hunkered down when weather was really bad and pushed themselves to their limits when conditions were good.  They had no regular rhythm.  In Scott’s final diary entry he acknowledged that he and his team “took risks”.

Collins convincingly argues that Amundsen’s approach is much more effective.  Calling it “fanatical discipline”, Collins explains that great businesses are ones that don’t take un-necessary risks, that plan for contingencies and that stick to their plan with regular efforts.

Our firm is upgrading our database so we can be more efficient and provide better service to our clients.  Our software developer requires us to participate on a weekly call that sometimes spans 2 hours.  Our weekly “march” is clearly allowing us to get this project completed in a timely manner.

Do you have fanatical discipline in your business?  And, if not, could you benefit from this approach?

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Mimes Enforcing Traffic Laws?

In Caracas, Venezuela, 120 mimes were let loose on the city to remind residents of the traffic laws.  They wagged their fingers at traffic violators, held up their hands in the stop motion at red lights and guided pedestrians back into crosswalks.

It was an unusual measure to employ but much needed.  Traffic conditions here can, at best, be described at chaotic — bus drivers drop off passenger in the middle of the street, motorcyclists drive on sidewalks and motorists off reverse down a street when they miss a turn.

Results (so far) have been mixed.  Some motorists have been heeding the mimes’ silent pleas.   However, others ignore them or yell at them.  A few even use their middle finger as their own silent response.

Posted in New York Traffic Congestion, New York Traffic Lawyer Tips, traffic law, Traffic Tips & Info | Tagged , , , , , , , , , , | Leave a comment

Cops Accessing Your Cell Phone Data?

The device to the left is a Cellebrite cell phone extraction device (UFED).  It allows someone to access all the information from any cell phone in just minutes.  Emails, text messages, phone logs, photos, etc. are all fair game for this machine.

State Police in Michigan having been using it to access cell phones during traffic stops, and it wouldn’t surprise me if police in other states were also using similar devices.

So what can you do?  During a traffic stop, officers generally need a warrant to search your cell phone.  However, some cops will simply ask to see it.  If you give it to them, it is considered a voluntary (and legal) search … even if they use a UFED.  If you are ever asked to hand over your cell phone and do not want to share your data, demand to see a search warrant.  Usually, this will be enough to get him or her to back off on the request.

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Big Ideas From A Little Man

The Entrepreneurs’ Organization, New York Chapter, had a great event last week with personal growth coach Sean Stephenson.  EVERYONE in attendance was touched by Sean and his message.

Sean was born with a rare genetic bone disorder called Osteogenesis Perfecta, brittle bone disease.  He wasn’t expected to live more than a few hours and has broken bones in his body more than 200 times.

In October 2008, he sustained a very painful leg fracture and was reeling in pain for quite some time.  His mother asked him whether his condition “Was going to be a gift or a burden”?  The question gave Sean an epipthany.  It made him realize that it is not “what you have” but rather “what you DO with what you do have”.  Sean, who is only 3-feet tall, decided to take a STAND on the quality of his life.

Sean went on to become a trained therapist, worked at the White House and authored 4 books.  Recently, he got engaged, and lives his life to the fullest.  To say that he is an inspiration is an understatement.

Below are some key take-aways from Sean’s presentation.

-Get off your “buts” and stand – for what you want and who you are.  By “buts”, Sean is referring to statements like “I’d like to start a business but …. or I’d like to revolutionize my industry but …”.

-Listen to your inner voice.  It’s the most important voice to heed.  When you try something new (especially something audacious), there will be plenty of outside voices to discourage you.  Listen to yourself first.  Does your inner voice support or punish you? Is the conversation you’re having with the outside world matching the one you’re having with yourself?

-You are responsible for how others feel around you.  Your enthusiasm and attitude controls and enhances your environment.

-When you leave your comfort zone, you will be learning something.  We get too complacent and monotonous in our lives.  Try something new!!

-When we interact with others we exchange information.  When we “connect”, we exchange emotion. Try to focus on connecting.

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The Driver Responsibility Assessment Fee

On November 18, 2004, then-Governor George Pataki authorized a new fee called the Driver Responsibility Assessment Fee (DRAF).   As you will see below, the “fee” is more like a tax on drivers.

The DRAF is imposed upon motorists who accumulate 6 or more points in New York State (and Ontario and Quebec provinces).  The fee is in addition to any fine, surcharge, suspension or other penalty imposed by the court, and is billed separately roughly 30 days later by the DMV.  The DRAF is imposed upon ALL motorists, even ones from other states, as follows:

  • 6 points = $300
  • 7 points = $375
  • 8 points = $450
  • 9 points = $525
  • 10 points = $600
  • 11 points = $675
  • 12 points = $725
  • 13 points = $800
  • 14 points = $875

For each point in excess of 14, add an additional $75.  The DRAF can be paid in one installment or in three equal installments over 3 years.

For motorists who are convicted of a traffic violation that is alcohol-related, drug-related or involves the refusal to take a chemical test, the DRAF is $750.

The biggest issue that arises with the DRAF involves its payment.  Many motorists (especially ones with out-of-date addresses with DMV) fail to timely pay the fee and wind up getting suspended.  Often they first learn about the unpaid DRAF when they’re pulled over by a police officer.  But, by then, they have a more serious issue – defending an additional charge of aggravated unlicensed (misdemeanor).  Paying the DRAF is pretty easy as it can be done online at the DMV’s website.

We are regularly asked about the affect of the Driver Safety Program on the DRAF.  While the Driver Safety Class removes 4 points from a motorist’s New York record, it will NOT help him or her avoid the DRAF.  In order words, the class removes 4 points for purposes of possibly being suspended but not for purposes of whether you owe New York State money.   Clearly, then, the goal of driver responsibility is secondary to its fiscal benefits.

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What Happens If I Get A NY Traffic Ticket While On Probation?

There are special rules for motorists with probationary licenses.
If you are age 18 or older when you pass your road test for a driving license, or obtain a license following a revocation, you will be on probation for six months.

During the probationary period, you must be careful about moving violations.  If you are convicted of any of the following offenses while on probation, your license will be suspended for 60 days.

• Speeding (any speed)
• Reckless driving
• Tailgating (or following too closely)
• Participating in a speed contest; or
• Two other moving violations

When the revocation or suspension period is completed, you will be on probation for another six months.  If you are found guilty of committing one of the above violations, or two other moving violations during a second probation period, your license will be revoked for at least six months. When the revocation or suspension ends, you will be on probation for another six months.

Your driver’s license will be suspended for ninety days if you are convicted of driving while ability impaired (DWAI) by alcohol or drugs during probation, or revoked for at least six months for driving while intoxicated (DWI). Even if you complete an approved Drinking Driver Program in fewer days, your license suspension or revocation will continue until the end of the scheduled period of suspension or revocation.

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