New York Traffic Ticket Attorney Blog

Daniel and his mom had spent the morning school shopping in Yonkers, NY.  The stores were busy, and fitting rooms even more so.  When they finally made it home, Daniel asked if he could ride his bike to his friend’s house.  On the verge of a migraine, his mother said yes because she thought the peace and quiet would be nice and she could rest. Sadly, Daniel would never wear the school clothes he and his mom had spent the morning trying on and selecting.  Nor would Daniel show his friend his new backpack. A couple blocks away from home, a teenager who was texting and driving, struck and killed Daniel.

As a new school year begins and summer days linger on, young bicyclists will be sharing the road with motorists.  A review of the laws that govern bicyclists will help drivers keep aware of cyclist and help them stay safe. 

It is important to remember that bicyclists have the same right to share the road as motorists.  The right-of-way must be yielded to them, just as it would be any other car.  The same laws that apply motorists also apply to bicyclists.  When sharing the road with bicyclists, give them space. Also, reduce speed your speed possible because passing cyclist too closely creates air pressure that can push them off balance. 

Antonio always left too late for work.  His job was exactly 12 minutes away on a good day. He knew this because he had timed the commute.  His shift started in 10 minutes and he frantically sped towards the Ritz Carlton in White Plains, NY. Two blocks from work he encountered stopped cars. He angrily muttered, “Why are they stopped?!” He made the split-second decision to pass them in the left turn lane. What he did not know or see, but soon realized, was that the cars had stopped for a stopped school bus.  Had the children been any closer to the middle of the street, he would have plowed through the group of them. Many years have passed since this incident, but a sick feeling always overwhelms Antonio when he recalls how he could have killed those children.

As another school year is scheduled to begin, it is important to refresh our memory of the traffic law regarding school buses.  These laws keep our children safe as they travel to and from school.  Keep in mind that most injuries and deaths occur when children are crossing the street after exiting the bus. Please slow down until you have passed them.  Violations of traffic laws regarding school buses carry a steep penalty.  A conviction for failing to stop for a school bus carries a 5-point penalty, maximum fine of $1,000 after a third offense in three years, and your driver license will be revoked for a minimum of 6 months after a third offense in three years.  Additionally, the Driver Responsibility Assessment fine is charged when convicted of 6 points or more within an 18-month period. 

What then are the traffic laws regarding stopped school buses, and what vehicles are considered school buses?  A school bus is painted yellow-orange, has red lights on top, and a “SCHOOL BUS” sign.  Included under the protection of school bus traffic laws are vehicles that transport disabled persons. On all roadways in New York State, when a stopped school bus flashes its red lights, traffic that approaches from either direction, even if it is on the opposite side of a divided highway, must stop at least 20 feet away from the bus. This applies even in front of the school and in school parking lots. When the red lights stop flashing or when the bus driver or a traffic officer signals that you can begin driving again. 

A vacation was just what Liza Peeza needed after finishing her first semester at PACE University in Manhattan, New York.  Her ambition in life had always been to become a lawyer.  The reality of long days of school, studying, and temporary jobs had taken their toll.  Liza met her sister AJ and they were headed for home. A road trip with her sister would be nice, but the drive to California would be a killer — over 1,000 miles. As Liza roared through the open road, her hair blew in the wind and she smiled at the fact that home was just 50 miles away. Oh, home sweet home! Flashing lights and a blaring police siren jolted Liza from daydreaming of home. This could not be happening! Noooooooo! Liza was being pulled over for speeding – allegedly going 75 mph in a 55-mph zone.  How would this out of state ticket affect Liza’s NYS driving record?

Liza worried about the ticket on her spotless driving record.  Her worries were soon put to rest when she learned that virtually all out of state traffic convictions do not add violation points to your New York State driving record.  The exception to this is traffic offenses committed in Ontario and Quebec in Canada. 

She was even more delighted to learn that New York State will not suspend a person’s driver license if he or she fails to answer a California traffic violation (scoff). In fact, California is one of six states in which a NYS drivers license will not be suspended for failing answer a traffic violation.  The other states are Alaska, Michigan, Montana, Oregon, and Wisconsin.  In all other states, your New York State driving privileges will be suspended until you submit proof to the NYS DMV that you have resolved your outstanding ticket. 

That morning had just been bad from the moment Liza Jane opened her eyes, awakened by the sound of her cell phone being hurled off the dresser by Toby, the cat. A slight headache from the stressful day she had yesterday still lingered. The silver lining of Toby waking her up was she forgot to set her alarm, and now had 45 minutes to get to her super important appointment in Mt Vernon, NY. Thankfully the roads were not slick this morning, but the other drivers were so slow!!! With teeth clenched, Liza Jane sped and weaved in and out of traffic. A mile from her destination, Liza Jane rear-ended grandma Emily. Witnesses later told police about her aggressive driving.

What does New York State define aggressive driving as? How does it differ from road rage?  Aggressive driving may include speeding, tailgating, frequently changing lanes while not using your signals, passing on the shoulder of the road, running stop signs, and/or red lights, passing a stopped school bus, and being a nuisance to others who are in a vehicle, on a bicycle, or on foot.

Road rage, however, is an escalation of aggressive driving. Road rage incites a driver to either attempt, or to actually cause damage, to another driver. A driver acting out of road rage also makes others fearful by his or her angry hostile behavior. The two can also be thought of this way: aggressive driving generally involves a traffic safety law violation; whereas, road rage usually involves criminal actions or attempts of violent behavior.

The Unsuspecting Victim. Marie knew it was personal, that officer always stared her down when she dropped her kids off at the elementary school. Officer Smith had always held a grudge against her husband for losing the baseball championship game in junior college. And that morning had been one of those mornings when your ask yourself, “What else can go wrong?” So, when Officer Smith ticketed Marie for a cell phone and child safety restraint violation, it was no surprise. Giovanni seemed to be a natural born thrill seeker and it was no surprise that he once again got out of his car seat and wave happily to Officer Smith.

What was a surprise was the bill that came from the DMV after all Marie’s fines had been paid. Marie felt her face turning a shade of reddish purple as she read the words “Driver Responsibility Assessment” and “three-year penalty”. WHAT? WHY? Before her incident with Officer Smith, she was very prideful of her perfect driving record and often boasted about it.

The DMV Driver Responsibility Assessment. What is a Driver Responsibility Assessment and when does a driver get charged this fee? There are three instances where this fine is charged. First, a driver assessment fee can be earned by a traffic-related alcohol conviction. Likewise another way to wrack up a DMV assessment is by a traffic-related drug conviction; and the last way to activate a Driver Responsibility Assessment is by accruing to your driving record 11 points within an 18-month period.