Point Totals Have Increased for Cellphone Use in New York

Interviewer: What are the policies for cell phone or texting?

Michael Kramer: Point totals have gone up for that. It’s started off being just the fine, with no added points. Then it went to 3 points and now it’s up to 5 points. Every time you get one of these bad cases where an accident occurs as a result of some action of a motorist, that’s when legislature seems to act and before you know it, we have another law.

There have also been changes in the assessment from the Department of Motor Vehicles for revocations and suspensions based on your entire driving record. If you recall, I mentioned that the Department of Motor Vehicles looks at any 18 month period with regard to point totals. To know more about point totals and the use of cellphone in New York, call our office to talk to a Traffic Violations Attorney in White Plains, NY.

Infractions That Carry 5 Points or More Are Not Subject to a Limited Look Back of 18 Months by the DMV—They Are Assessed for the Length of Time You Hold a License

But with regard to serious infractions, usually 5 points or more, the DMV will consider your entire driving record. If they see too many of those infractions with 5 or more points, it can result in you being placed in a separate driver category. You may have to drive with a restricted or conditional license and even an ignition interlock device if some incidents in your background involved alcohol-related driving incidents.

The Traffic Rules Will Continue to Get Stricter, Not Easier for Motorists

It never gets easier, it always gets tougher. When it comes to traffic offenses, the rules always get stricter. It seems to me it’s unfair because they rarely take into account that people need to drive for their livelihood. That is what I have experienced as a White Plains, NY Traffic Violations Attorney.

Obviously they want to protect the public, but on the other hand they have to strike a balance. It seems to me that too often they strike a balance on the side of protecting the public to the detriment of the individual motorist, who’s now without a license to earn his livelihood.

Three Alcohol-Related Offenses over a 20-Year Period Can Result in a Lifetime Loss of License

There are certain offenses now, especially drinking and driving incidents, where if you have 3 drinking driving incidents over 20 years it can result in a lifetime revocation of your license.

There will be no restricted or conditional license permitted for the driver. What’s the average person supposed to do with no license for the rest of his or her life?

Interviewer: During a stop for speeding or another traffic infraction, will the police check a driver’s record to see if they have a previous alcohol-related offense?

Michael Kramer: It’s hard to say. Each officer is individual, but if a police officer suspects that someone has been drinking and driving, they’re usually not going to go back to their car and look at their driving record before they investigate. They’re going to proceed with their investigation right then and there and make a determination. And then, if it turns out that they have pending or prior drinking driving incidents, that could increase the charge and then their driving record certainly will be considered with regard to disposing of a DUI charge.

I wouldn’t say a police officer is going to look at a person’s record to decide whether to charge them with DUI. It is a decision the police officer has to make based on the conditions and circumstances of the situation.

It Can Cost Nothing to Obtain an Informed Opinion: Take Advantage of an Attorney’s Free Initial Consultation before Paying the Fine for a Ticket

Interviewer: What would you say to a client that feels they are better off paying the fines instead of talking to an attorney?

Michael Kramer: I would say call me, it doesn’t hurt to talk to a White Plains, NY Traffic Violations Attorney and it doesn’t cost anything to talk. I would give them as much free advice as I could. I will do my best to help them make an informed decision as to whether it’s worth it in their individual case to hire an attorney for that ticket or to just pay it or go to court on their own.

What If You Have to Go to Trial to Defend a Traffic Offense?

Interviewer: I’d like to ask you if there’s anything else that you’d like to add to this regarding traffic law questions and violations.

Michael Kramer: There’s nothing to add except the one alternative we haven’t touched on which is a trial. We talked about plea bargaining. We talked about getting the ticket reduced, but what if that fails and the only thing you’re faced with is either paying the ticket and accepting the points or going to trial?

Trials for Traffic Offenses May Become Credibility Contests: Your Word against the Police Officer’s Word

Trial is the least appealing alternative. It’s least appealing because it’s usually a motorists’ word against a police officer’s word. Judges by and large are going to side with police officers. You have the problem in Westchester County where usually the local police officer who’s testifying is from the same town or village where the judge presides. They know each other and the judge has close ties to the police department in the local neighborhood.

If it becomes a credibility contest, motorists’ word against the police officer, it’s usually not recommended that you go to trial. However, it may be an option if you have a defense that you can establish other than just with your word, such as other witnesses or documentation. Then in those situations it might be worth going to trial.

In trial, it may be determined that the officer is not particularly experienced in working a radar unit or a speed gun. There may be a chance based upon his history that he might not have the proper documentation or certification with regard to these instruments. Then it might be worth to discuss considering contesting it the ticket under those circumstances.

Going to Trial Is an Option Only If the Prosecutor Will Not Agree to a Plea Bargain Favorably Inclined to the Driver, Such as a Point or Fine Reduction

As a last resort, the best of advice is, if you get a plea bargain that is reasonable and saves you substantially on your point totals then I would not suggest you can consider a trial. You only consider a trial is when all else fails and you’re facing a definite revocation or a point total that the prosecutor for one reason or another will not reduce. In that event, it might be worth considering a trial. Get in touch with the White Plains, NY Traffic Violations Lawyers at our office to discuss your case in detail.