New York Traffic Ticket Attorney Blog

We have all seen the sign that says “Buckle up, it’s the law.” The truth of the matter is that seat belts can save lives in a car accident. Adults know the consequences of not “buckling up” and bear the risk. But, children are different because they no not comprehend the consequences of not “buckling up” like that of an adult. That is why the law and courts take this violation seriously, especially when it comes to children who are passengers in a car.

The Law

With few exceptions, the law basically says that in order to drive a car a driver and all passengers must wear a seat belt. Pretty straight forward, but what are the consequences if you are issued a No Seat Belt ticket?

Driving carefully in a school zone is especially important because young lives are at risk. This is why the law is tough when it comes to school zone traffic tickets.

The Law

The law allows for slower speed limits around schools. The law that governs school zones is NYS VTL§ 1180c and defines a school speed zone as certain areas that border the highway. And, the law gives applicable time frames for what qualifies as a “school day.”

A car can be deadly when driven unsafely around people on foot. Because a car has been likened to a “weapon,” the law is harsh when it comes to work or construction zone traffic tickets.

The Law

The law, NYS VTL§ 1180f, defines a work zone as a highway construction or maintenance work area and does not allow a person to drive his or her car through a highway construction or maintenance work area faster than the posted work area speed limit.

A single speeding ticket is the only traffic violation that can cause an automatic suspension of driving privileges for too many points. That is how serious a speeding ticket can be.

The Law

The law is self-explanatory for speeding and NYS VTL§ 1180b says that a driver shall comply with posted maximum speed limits. But, it means that a person cannot drive faster than the posted speed limit sign. Everyone knows what a speed limit signs looks like and what it means.

Following Too Closely traffic ticket violation (more commonly known as “tailgating”) is kind of an oddball violation in that the law does not have much to say about. Even so, this small traffic ticket have can have big consequences. First, lets look at the law to see what it recognizes as Following Too Closely, VTL section 1129a.

The Law and Its Exception

Tailgating or Following Too Closely has an ambiguous legal definition. The law says that:

Running a red light is one of the most common traffic violations in New York State. Within the State and Westchester County, there are two ways to get a red light ticket: by a police officer or by mail via a red light camera ticket.

The Law and Its Exception

Every driver knows what a running a red light means. In fact, a potential driver must study this subject, be knowledgeable in it, and pass a written exam that test on this subject before being issued a driver license. So, drivers know, and the law (VTL § 1111-(d)) states that a driver cannot move his or her car until the light turns green. The only exception to the law is when an indicator (like a sign) allows a driver to continuing driving after having stopped for a red light.

What Is The DMV Driver Responsibility Assessment?

It is a fee assessed by the New York State DMV that is paid over a three-year period. This fee is most commonly triggered by an accrual of 6 or more within 18 months to a person’s driving record. The fee is meant to punish or penalize “bad drivers” so that their bad driving behavior does not become a habit.

The driver assessment fee is not be confused with fines and penalties associated with a ticket itself. The assessment fee is paid in addition to ticket fines and penalties.

A traffic ticket for passing a stopped school bus in New York State is a BAD violation. One reason is because courts take this offense very seriously and enforce maximum penalties. But, what does it mean to be in violation of this law? This traffic ticket is discussed in two different sections of the law, NYS VTL §§ 1174-a, 375.20, and must be read together to get the whole picture.

The following is what is required in order for a driver to be in violation of passing a stopped school bus.

• A driver must stop for a school bus in either direction when:

A texting ticket is a serious violation and can have major consequences in terms of money and points. Courts are cracking down on this violation and for good reason – a distracted driver can kill you! But, the roads have become electronic device friendlier by designating “texting zones” along New York State highways and thruways. If you are issued a texting ticket, it is important to handle this ticket the right way. Lets first examine what the law says constitutes Use Of Portable Electronic Devices, VTL § 1225-d.

The Law

The law is quite simple and applies to commercial drivers (who are held to a higher standard) and non-commercial drivers. Non-commercial drivers cannot use a portable electronic device while driving a moving car. The only exception to this law is an emergency situation like communicating the fire department, police, or 911. There are also exceptions for persons who use an electronic device while in the performance of their official duties (i.e. police officer).

A cell phone ticket can be a hefty violation if not handled the right way. Lets first consider what the law says constitutes Use Of Mobile Telephones, VTL § 1225-c.

The Law

A non-commercial driver is in violation of the law when he or she is operating (driving) a vehicle while using a mobile telephone (“cell phone”). The law says a person is considered to be “using” a cell phone when he or she holds the phone to, or in the immediate proximity of, his or her ear while the car is in motion. Basically, a person must 1) be actively driving and 2) have a cell phone either to his ear or near his ear. The only exception to this law is when a person is using his or her phone in an emergency situation like calling the fire department, police, or 911. There are also exceptions for persons who use a cell phone while in the performance of their official duties (i.e. police officer).