Motorist Arrested For Writing Obscenity On Traffic Ticket

Posted by Matthew Weiss on June 19, 2013  /   Posted in Traffic Tickets

0William Barboza, a 22-year-old Connecticut man, pled guilty to a speeding ticket via mail and, on the traffic ticket, replaced the word “Liberty” with “Tyranny” and added on an accompanying payment form “fuck your shitty town bitches.” Town Justice Brian Rourke rejected the guilty plea and ordered Barboza to appear in court. According to the lawsuit, Rourke then chastised him for the language he used, and had two police officers place him under arrest for aggravated harassment.

Barboza is now suing the two police officers in the Catskill-area village over the arrest claiming in a Federal lawsuit that his free speech rights were violated by the arrest. The lawsuit filed by the New York Civil Liberties Union says the Barboza was illegally ordered to town court, hand-cuffed and arrested. The lawsuit also argues that the definition of criminal harassment in Penal Law 240.30 — communication ”in a manner likely to cause annoyance or alarm” — is unconstitutionally vague and overbroad.

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New AAA Study: Voice-Activated And Hands-Free Device Still Lead To Distracted Driving

Posted by Matthew Weiss on June 12, 2013  /   Posted in New York Traffic Lawyer Tips

Screen-shot-2013-01-28-at-2.16.17-PM-e1359400678812An AAA study released today debunks the myth that voice-activated and hands-free devices eliminate driver distraction concluding that drivers who use hands-free devices to talk, text, send emails or give voice commands can “overload” their attention span.  Commands that are not short and simple are not too distracting.  But checking email or Facebook accounts significantly impair concentration levels.

Researchers mounted cameras inside a car to track eye and head movements. The participants were fitted with electroencephalographic (EEG) caps to chart brain activity, helping researchers determine the “mental workload.”  Response time to traffic lights was recorded using a “Detection-Response-Task” device.

Listening to the radio presented a minimal risk. Talking on a cellphone, whether handheld or hands free, presented a moderate risk.  However, listening and responding to a voice-activated email program created an “extensive” risk.

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NY Cell Phone & Texting And Driving Tickets Now Carry 5 Points!!

Posted by Matthew Weiss on June 05, 2013  /   Posted in Traffic Tickets

IMG_33751Starting June 1, 2013, cell phone violations and texting & driving violations now carry 5 points (up from 3).  A cell phone violation occurs when a driver uses a phone without a hands-free device.  A texting and driving violation occurs when a driver “uses” an electronic device while driving.  The terms “use”, “electronic device” and “while driving” are all construed liberally meaning that you cannot even hold your device while behind the wheel of a car that is not parked.

The new 5-point designation makes these two types of moving offenses the second most serious in the State.  Speeding 21+ is the most serious carrying 6, 8 or 11 points.  A cell phone and texting & driving ticket now carries the same number of points as a reckless driving misdemeanor as well as a passing school bus violation.  Motorists can be suspended for accumulating 11 or more points so this change is significant.  On the other hand, for those with clean records, a conviction to one cell phone or texting ticket will NOT result in your insurance increasing.

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45 Years Later, Hit-And-Run Driver Identified Via Facebook

Posted by Matthew Weiss on May 29, 2013  /   Posted in Traffic Tickets

ashby_photo_FDN_2000-300x405On October 31, 1968, 4-year old Carolee Sadie Ashby was tragically struck and killed as she crossed a street in her upstate New York home of Oswego. Russ Johnson, a dogged, retired Fulton police detective, was able to solve this cold case via a Facebook post with the details of the case.

Reportedly, a former resident now living in Florida saw the post and came forward with new information. As a result, Douglas Parkhurst, 62, of the town of Oswego, has been identified as the driver of a car that failed to stop. Parkhurst was a suspect back in 1968 but was inexplicably not charged despite admitting to have been an accident that night. He claimed that he had hit a guard rail but the story did not match up with the damage to his car. Unfortunately, Parkhurst cannot be charged because the statute of limitations has expired. Yet, the information allows the Fulton police department to close this sad case.

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Alcohol Blood Level To Be Lowered?

Posted by Matthew Weiss on May 22, 2013  /   Posted in Traffic Tickets

breathalyzerThe National Transportation Safety Board proposed last week that states lower their drinking and driving limits from .08 to .05. Currently, all states criminalize drinking and driving (DWI) for motorists with a blood-alcohol level (BAC) of .08% or more.

The NTSB cites, as the basis for dropping the BAC, the annual loss of life and injuries (almost 10,000 and 170,000 respectively) due to alcohol-related traffic accidents.

Most countries in Europe, South America and Australia, make it illegal to drive with BAC levels of only .05.  New York already makes it criminal for operators of commercial vehicles who are under 21 to drive with .04 BAC or other evidence of intoxication.

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What Is Reckless Driving?

Posted by Matthew Weiss on May 15, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-05-15 at 7.12.21 PMIf you get a pink ticket for reckless driving. You need to know some basic information about this serious charge. Reckless driving is both a crime and a moving violation. VTL § 1212 defines reckless driving as follows:

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.

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Pedestrians Beware!!

Posted by Matthew Weiss on May 08, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-04-06 at 9.52.57 PMA recent study of injured NYC pedestrians conducted by NYU Langone Medical Center contains some curious conclusions. It is a unique study because it was prepared by medical personnel and focused on the patients and their injuries.

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.
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Google Glass Should Be Illegal (Part 2)

Posted by Matthew Weiss on May 01, 2013  /   Posted in Traffic Tickets

Screen Shot 2013-02-24 at 2.06.40 PMLast February, I wrote a post entitled “Google Glass Should Be Illegal” urging politicians in New York to proactively making driving with this yet-to-be-released device illegal. Mashable recently wrote about this topic (and, by the way, it felt great to be ahead of the curve vis-a-vis the cutting edge online publication). Specifically, the Mashable piece discussed Gary G. Howell, a Republican member of the West Virginia legislature, who introduced a bill that would amend a state law forbidding texting-while-driving to also prohibit “using a wearable computer with head mounted display.” The new language clearly targets Google Glass.

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.

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