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Cab Driver Hits Pedestrian in NY Area Where Speed Limit Rarely Enforced

Recently, a man—who was standing with his wife and children on a busy sidewalk in Midtown—was abruptly struck and injured by a moving taxi cab.

bigstock-Taxi-Auto-accident-6676209The incident occurred around 4:00 p.m. this past Tuesday after two cab drivers collided at the intersection of 7th Avenue and 52nd Street. WABC reported that one cab driver was traveling south on 7th while the other was going east on 52nd. One cabbie supposedly ran a red light.

However, DNAinfo spoke directly with eye witnesses who said both cabbies were on 7th and one, who was speeding, “lost control” of the cab and struck the other from behind. Video evidence and photographs from the scene of the accident reveal that the impact sent both cabs onto the sidewalk. At this point, one of the cabs struck a pole and, sadly, the man standing at the corner. Continue reading “Cab Driver Hits Pedestrian in NY Area Where Speed Limit Rarely Enforced”

88% of Brooklyn Drivers Speed and Get Away With It

Speed TrapA research group known as Transportation Alternatives recently published a report revealing that 88% of Brooklyn motorists break the speed laws and get away with it.

The report explains that enforcement by the New York Police Department remains almost non-existent. According to the report, Transportation Alternatives clocked more drivers speeding in 12 hours than were ticketed by the entire NYPD throughout all of 2011. Continue reading “88% of Brooklyn Drivers Speed and Get Away With It”

New 70 Hour Work Week Limit for CDL Drivers

Woman Truck driver and her sonRecently, new regulations overhauled the rules governing truck-driving hours. They shorten the workweek, limit how many nights a truck driver can be on the road, and require truckers to take a certain amount of rest breaks during the day.

The Obama administration believes that these regulations will reduce crashes from sleep-deprived CDL drivers getting behind the wheel. The new regulations would cap a truck driver’s average workweek at 70 hours, a 12 hour decrease from the previous maximum limit of 82.

Many CDL drivers and trucking companies have not been pleased by these new rules. They contend that this is going to cost them serious money.

The Federal Motor Carrier Safety Administration plans to enforce the regulations by routinely checking work logs, which CDL drivers are required to keep.

Failure to comply with the new rules could result in fines of up to $11,000 for companies and $2,750 for individual CDL drivers per offense.

One trucker who has been driving a big rig all his life remarked, “It’s hard … they have no clue what they’re doing.” He noted that the new rules will hurt him and do not help him because he will be losing out on 12 hours worth of pay per week.

However, the Transportation Department says 3,887 people were killed in 2012 in crashes involving large trucks and one study revealed that roughly 13% of large-truck crashes involve a sleep-deprived driver.

Although truck-crash fatality numbers have been trending down over the past decade due to new technologies, the Federal Motor Carrier Safety Administration (FMCSA) explained that fatigue-related crashes are still far too prevalent. These newest rules aim to reduce crashes while minimizing the impact on the industry.

With mounting criticism about the reduction in income looming in the background, Anne Ferro, chief of the FMCSA said, “My mission is to save lives.”

Despite all of the concern from CDL drivers, the government noted that only 15% of the nation’s 1.55 million long-haul truckers would be affected since most do not have routes that require such long hours and unionized truckers already have a shorter workweek.

 

What They Won’t Tell You About Holiday Traffic Ticketing

It is that time of year again! When summer begins, so do family vacations. Families pack up their cars and suitcases, make sure to have the right clothes, fill up with plenty of gas, and have the GPS handy.

However, what police do not want you to know is that they are targeting you. Whether you know it or

not, the second you take your family car out onto the highway, the police are looking to issue traffic tickets to drivers just like you.

Holiday Traffic Tickets
Police Target Vacation-Goers and Issue Them Holiday Traffic Tickets

What you as a vacation-goer need to know is that traffic-enforcement campaigns are held routinely across the entire country. They are designed to catch you and generate tons of cash for their respective town and state.

Although police officers will rarely (if ever) admit it, catching drivers for speeding and other traffic infractions is a big business. On average, traffic ticket campaigns have raked in approximately $5 billion per year in the United States.

At a time when state and local governments are looking to fill budget gaps without raising taxes, traffic ticket revenue is highly relied upon.

Why is handing out tickets such a lucrative business in a slumping economy? Truthfully—and unfortunately—most drivers do not fight their tickets. They give up, think that fighting is not worth it, and simply justify paying their tickets. Similarly, many ticket blitzes are held on interstate roads, and the likelihood of an out-of-state driver returning to fight a citation is quite slim unless they are smart enough to hire an attorney to fight on their behalf.

Likewise, researchers with the Transportation Research Board reported that several speed limits around the country were posted 5 to 10 mph below that of free-flowing traffic in those areas.

According to David Solomon, a researcher with the U.S. Department of Commerce, the majority of the tens of thousands of citations handed out annually during federally funded ticket blitzes are given to drivers who were actually safely navigating with the flow of traffic, but the posted speed limits were purposefully low.

Remember, the next time you hit the open road for that summer vacation, that Fourth of July BBQ at your cousins, or trip to the water park, the police are actively looking to catch you speeding and violating the rules of the road. Be careful, drive safely, and fight your traffic tickets!

(Source: http://www.washingtontimes.com/news/2013/jul/3/the-dirty-little-secret-about-holiday-traffic-tick)

Speed Cameras Could Be Coming to NY Schools

Recently, New York State lawmakers passed a bill allowing the city to install speed cameras in front of NYC schoolsBoth the Senate and the State Assembly passed the bill and plan to install cameras at 20 city locations near schools that have documented speeding issues.

New "Point to Point" speed cameras o...

Mayor Michael Bloomberg strongly supports the proposal and he noted that a driver’s speed is the greatest contributing factor in traffic-related deaths in all of NYC.

Mr. Bloomberg noted, “If a driver strikes a child at 40 miles per hour, there is a 70 percent chance the child will be killed. At 30 miles per hour, there is an 80 percent chance the child survives.” Continue reading “Speed Cameras Could Be Coming to NY Schools”

Can I Get Out of My Speeding Ticket if the Sign Was Not Visible?

traffic sign hidden in bushesMany people ask us if they can get out of their speeding ticket because the speed limit sign was obscured by a tree or bush, covered up, totally faded, or simply not visible. New York State does not have an official law on the books that makes this a valid defense to a speeding ticket.

However, when this defense is used in tandem with photographic evidence and an adequate legal justification, prosecutors will sometimes reduce your offense and judges may even dismiss the ticket entirely. Nevertheless, this is not a hard-and-fast rule and there are a few things you need to know about trying to use it as a defense.

Two Important Caveats—Default Speed Limits & Posting Requirements

In many parts of New York State, there are default speed limits. This means that even if a speed limit sign is not posted and you are caught speeding over the default limit, you might get a speeding ticket. Depending on the jurisdiction you are driving in, these default limits vary. 

Accordingly, in order to properly raise a “speed limit was not visible” defense, you must first be obeying any default limit that might exist.  For example, if you received a school zone speeding ticket where the speed limit was 15MPH, but the sign was completely obscured, you can only raise the sign obstruction as a defense if you were driving below the regular default speed limit. Additionally, you need to be aware of the specific municipality’s sign posting laws and use them to your advantage.

For instance, if a certain jurisdiction requires foliage to be removed whenever it becomes overgrown and covers a sign, you should mention this in court. Cite the ordinance or local policy, have pictures of the untrimmed bush covering the sign, and have your attorney confidently tell the prosecutor your story. Nevertheless, keep in mind that simply failing to see an otherwise visible speed limit sign is not a valid defense to a speeding ticket.

Best Way to Present a “Lack of Visibility” Defense

First and foremost, hire an experienced NY traffic ticket attorney to defend you. Even if you follow every step to the letter and make this defense, a prosecutor will give more credence to an attorney and give you a better deal than if you defended yourself.

Second, make sure to take pictures of the sign that was obstructed, blocked, or not visible and have them time-stamped (if possible).

Third, have your attorney explain to the prosecutor that the sign was obstructed and that you were not given “notice” of the posted speed limit. In other words, you had no way of knowing that the posted speed limit varied from the default limit due to the obstruction/lack of visibility.

Next, if applicable, have your attorney provide the local ordinance or policy requiring maintenance crews to monitor and trim bushes that block signs on highways and/or local roads and have your attorney show the prosecutor the time-stamped photos of the obstructed sign.

Lastly, have your attorney explain that given all of the circumstances—in conjunction with the photos, the fact you were within the default speed limit, you completely lacked notice, etc.—your ticket ought to be dismissed.

All of this should be done first to the prosecutor during plea negotiations. Although rare, the prosecutor could agree with you and voluntarily dismiss the case. However, in most cases, he will offer a deal for a lesser offense. If necessary, you can have your attorney argue in front of the judge for a dismissal arising out of all of the evidence discussed previously. Remember, there is no guarantee that this defense will work in your specific scenario. However, it has worked in the past under certain circumstances.

Who Should You Contact?

If you recently received a New York speeding ticket, contact Rosenblum Law. Our team of traffic ticket attorneys has a successful track record of fighting these types of cases and getting our clients the results they want. Call us today at 888-434-0406.

 

Top 10 Police Speeding Chases

high-speed-chaseFleeing from police or leaving the scene of an accident can be costly and undeniably dangerous. If you think that you can get away from a police officer, think again. They are trained to handle all sorts of roads, weather conditions, and drivers. With this in mind, we present, “the top 10 police speed chases.” Make sure to drive safely and do not end up like these drivers.

1 – Lumber Truck Carnage

A man stole a lumber truck and even crosses over the median to escape the troopers surrounding the truck. The troopers take aim at the tires, and you will not believe what happens next…

2 – The Purple-Caped Wonder

The Purple Caped Wonder dances and jives while hanging outside his car distracting anyone in sight and drawing attention to himself on the busy freeway. You will not believe how this chase ends…

3 – Check Forger Flores it on the Freeway

A wanted check forger decides to floor it on the freeway and takes police along for the ride…

4 – Stolen Tank Tears Through the Streets

A man stole a tank from a local military base and has a rip-roaring time decimating anything in his path until the police show up…

5 – Drifter Standoff


After being cornered by police, a drifter turns in circles in a stand-off that lasts longer than you might think…

6 – Mustang Mayhem

Driver steals a mustang and gets more than he bargained for in this high-speed police chase that lasts close to an hour…

7 – NY Limo Driver Reaches 150 MPH

20 foot limo driver wreaks havoc in Westchester County, New York while going 150 MPH to avoid pursuing police officers…

8 – Unphased Camaro Driver Races Police

A Camaro driver evades police and is brought to a momentary stop while officers try to smash the car’s window. However, the driver manages to flee yet again after nearly running them over…

9 – Carjacker Straps Pants-less Driver to the Back of the Big Rig He Just Stole

A carjacker straps a pants-less driver to the back of the big rig he just stole while speeding past police and losing his wheels all the way. You will not believe what happens when the police finally stop the truck…

10 – Mitsubishi Maneuvers

A stolen Mitsubishi Endeavor swerves all over the freeway in this high speed police chase only to be apprehended, cuffed, and arrested…

Remember, driving is a privilege that can be taken away from you if you do anything foolish. Be sure to drive safely at all times and never run from the police.

If you recently received a speeding ticket in NY state, contact Rosenblum Law today. Our team of traffic ticket attorneys has a successful track record of getting the results you want. Call us today at 888-434-0406.

Rude Speeding Ticket Response Gets Driver in Big Trouble

A 22 year-old from Connecticut wrote an extremely rude message filled with profanity on a NY speeding ticket that he was issued in the Catskills. Aside from insulting the town that issued the ticket and cursing, he crossed out the name of the town, Liberty, and wrote “Tyranny” on the ticket. He pled guilty and submitted his ticket (profanity-laced and all) along with his payment.Rude Speeder Gets in Big Trouble

His payment was rejected by the court and, instead, he was order

English: Parking ticket on the window of a com...

ed to make the 2 hour trek and appear in person for his court date.

At the hearing, the judge chastised the driver for his foul language and overt rudeness. The driver was charged with violating New York’s aggravated harassment law, handcuffed, and arrested. Afterward, the driver was booked, fingerprinted, handcuffed to a bench and forced to pay $200 bail.

Currently, the driver has filed a suit in federal court seeking a clear determination that New York’s aggravated harassment statute is unconstitutional and that his First Amendment right to free expression was violated.

The New York Civil Liberties Union (NYCLU) is representing the driver and suing for damages due to pain, suffering, and humiliation.

According to the driver, “No one should get arrested for speech … All I did was express my frustration with a ticket and I almost ended up in jail. I want to make sure nobody else ends up in a similar situation because of this law.”

According to the statute he was charged under:

“A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: … communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm.”

Although police continue to enforce the statute, several court rulings have cast tremendous doubt on its constitutionality.

In 2003, the NYCLU won a federal court case that declared the statute unconstitutional as applied to speech that was merely annoying or alarming. The opinion of the court warned that “state and local police officers and prosecutors would be well-advised … to cease arrests and prosecutions under this section.”

Additionally, the New York Court of Appeals—the state’s highest court—ruled in 2003 that the statute cannot be applied to speech just because it is “crude and offensive.” In 1997, a federal court judge found the law to be “utterly repugnant to the First Amendment of the United States Constitution and also unconstitutional for vagueness.”

In March 22, 2013, the aggravated harassment charge against the driver was dismissed. The municipal judge presiding over the case noted that even though his words were “crude, vulgar, inappropriate and clearly intended to annoy,” the First Amendment protected his speech.

(Source http://blog.timesunion.com/capitol/archives/189025/nyclu-sues-after-creative-speeding-ticket-response-results-in-arrest)

Speeding Ticket in Broome County, NY

Broome County, NY boasts a mix of rural and suburban communities, each of which is vital to its economy. While not nearly one of the most populous counties (191,000), a number of highways cross through Broome County. This, plus its location near the Pennsylvania border makes it one of the more trafficked counties in the state. Drives who have been issued a speeding ticket in Broome County should not pay it! Instead, call an experienced traffic ticket attorney to help avoid the costs, points, and other consequences the come with a conviction.

New York State Speeding Ticket Costs

Many drivers underestimate the extreme costs and other penalties that come with a simple speeding ticket. Initial fines for speeding range from $150 to $600. But this is far from the final cost. Each ticket issued will also come with a mandatory NYS surcharge ($88 or $93). If the ticket puts the total number of points imposed on a license at six or more, the driver could also be required to pay a DMV Driver Responsibility Assessment (DRA). The DRA is a separate fine, which costs $100 per year for three years. Each point over six costs an additional $25 per year for three years. Adding insult to injury is the massive increase in insurance premiums, which typically last for 36 months or more after the ticket appears on the driving record.

Speeding Tickets Data from Broome County NY

According to data from the NYS Department of Motor Vehicles, of the nearly 48,000 tickets issued in Broome County in 2018, about 29 percent (13,856) were for speeding. The majority of speeding tickets were issued to younger drivers—47 percent were handed out to drivers aged 16 to 29. Friday was the most common day for drivers to be ticketed in Broome County last year. About 57% of drivers ticketed for speeding in the county in 2018 were from New York. Nearly 4% were from Canada, despite being several hours from any border crossing. 

Broome County Graph Speeding Ticket

Number of Speeding Tickets Given in Broome County, NY

Year# of Speeding Tickets
2009 19,800
201018,736
2011 15,585
2012 15,609
2013 14,119
2014 12,498
2015 12,693
2016 12,173
2017 12,256
2018 13,856

Drivers who are charged with speeding in Broome county have the option to fight the charge and either win a dismissal of the charges or negotiate a reduction in fines and points. Don’t assume this will be easy—64% of speeding tickets issued in Broome County end in a conviction for the driver. However, those who hire an experienced traffic ticket attorney will likely have better success. 

Broome County Geography and How It Relates to Traffic Tickets

Located in the south-central part of New York just north of Pennsylvania, Broome County covers approximately 700 square miles and is home to 24 towns, villages and cities. Several major highways, including I-81, I-86 (Southern Tier Expressway), and I-88, connect the county to other parts of the state. This, combined with a high student population associated with SUNY Binghamton, ensures local police are always vigilant for speeding and other traffic violations.

Hiring a Broome County Speeding Ticket Lawyer

Any driver ticketed for speeding in Broome County should hire an experienced traffic ticket attorney who can analyze the traffic violation matter and provide a solid defense that will keep the fines and exposure to points at a minimum. The best part is that, in most cases, drivers who hire legal representation may not have to show up to court.

Contact Rosenblum Law to assist you with your speeding ticket matter in Broome County. We can offer you a free consultation about your case and have our attorneys fight on your behalf.

Our attorneys have represented clients in all the courts in Broome County for both traffic and criminal matters including Barker, Binghamton, Chenango, Colesville, Conklin, Dickinson, Fenton, Kirkwood, Lisle, Maine, Nanticoke, Sanford, Triangle, Union, Vestal, and Windsor. Call 888-434-0406 or email Rosenblum Law today for a free consultation about your case.

Speeding Ticket in Other Counties

Lawmakers Discuss Charging a Fee to Cross the Border into the US

Last month, the Department of Homeland Security requested permission from Congress to consider charging a fee for entry into the United States. This request has stirred a raging debate among lawmakers throughout the country.

Currently, Canadians drive into the United States to purchase goods at a much cheaper rate than they ever could receive back home. Such purchases have been and continue to be an economic boon for northern states like New York. However, if Canadians were charged a fee for entering the United States, many lawmakers and businesses believe that the trek would no longer be worth it.

If this were to happen, northern legislators say, the economy would suffer tremendously. As one small business owner put it, “They should be doing anything they can to get them down here to buy more.” Echoing this sentiment, 18 Republican and Democratic House lawmakers wrote a letter to Homeland Security Secretary Janet Napolitano explaining, “The imposition of such a toll would act as a barrier to the greater economic integration that we seek, and is the absolute last thing we should be doing to grow our economy.” Continue reading “Lawmakers Discuss Charging a Fee to Cross the Border into the US”