IF YOU'RE NOT A CITIZEN, SOME CONVICTIONS MAY CAUSE YOU TO BE DEPORTED OR DENIED FUTURE CITIZENSHIP
You should be aware that if you are not a United States citizen, a conviction to certain charges may result in your deportation, a denial of naturalization and/or a permanent bar from re-entering the US if you should travel abroad and attempt to return.
What does Padilla v. Kentucky, 559 U.S. 356 (2010) hold and how may it affect you?
In 2010, the United States Supreme Court decided the matter of Padilla v. Kentucky. In short, Padilla held that a criminal defense attorney MUST advise a client that his/her plea of guilty to certain charges may make him/her subject to automatic deportation. The Padilla decision further held that when the law is not succinct and straightforward as to whether a guilty plea will result in deportation, a criminal defense attorney, in order to provide effective assistance, need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences; but when the deportation consequence is truly clear, the duty to give correct advice is equally clear.
To simplify Padilla, if a client is not a citizen of the United States, the criminal defense attorney should advise the client that he/she should seek the advice of a qualified immigration lawyer. And moreover, the attorney should research whether a plea of guilt to any crime or offense may be per se deportable. There are some criminal charges that will automatically cause a client to be deported, denied naturalization or be permanently barred from ever re-entering the US. In order to provide effective assistance of counsel, a criminal defense attorney MUST advise a client of these risks.
Apart from one's legal responsibility to a client, there is an ethical and moral obligation to advise a client properly. If an attorney knows that there are potential adverse immigration consequences that may befall a client, the attorney needs to disclose that to the client so that he/she may make an educated decision as to whether a plea should be entered or whether the matter should proceed to litigation. Sadly, there are many clients who have entered pleas of guilty, were not advised of the immigration consequences and had they been told of these negative consequences, they may have opted to fight their cases and possibly have prevailed after trial.
How Can You Protect Yourself From Adverse Immigration Consequences?
First, make sure that your criminal defense lawyer is qualified to represent your interests. Criminal law is as complex as any other area of law and not every attorney who claims to practice in it should practice criminal law. Second, make sure you disclose your immigration status to your attorney whether he or she asks. The attorney should always ask but unfortunately, there are some attorneys that fail to properly advise their clients. Third, you should speak with an immigration lawyer regarding your charges and the outcome of any plea. Lastly, if you are not a citizen and a particular plea may result in negative immigration consequences, you should discuss with your lawyer the option of going to trial.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
PENALTIES FOR MULTIPLE OFFENDERS---HOW THE 25 YEAR LOOK BACK LAW MAY IMPACT YOUR ABILITY TO DRIVE
On September 25, 2012, a new law was passed known as the 25 year look back that allows the DMV to go back 25 years into a motorist's driving history and use those convictions to penalize the person in the present and in the future. This guide explains the applicable law and a motorist's options.
THE 25 YEAR LOOK BACK LAW EXPLAINED
New regulations took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below:
Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.
Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are unusual, extenuating and compelling circumstances.
Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are unusual, extenuating and compelling circumstances.
Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Impaired Driver Program (IDP) (previously known as Drinking Driving Program (DDP))and will be required to submit proof of rehabilitation.
PENALTIES FOR MULTIPLE OFFENDERS
In deciding what action to take against a motorist, DMV will look at the motorist's offense history and then decide on a course of action to take against the motorist.
FIRST SCENARIO:
Offense History----Five or more alcohol/drugged driving related convictions or incidents lifetime = "Persistently Dangerous Driver"
DMV Action: Permanent denial (subject to unusual, extenuating and compelling circumstances).
SECOND SCENARIO:
Offense History----In a 25 year period, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = "Persistently Dangerous Driver".
DMV Action: Permanent denial (subject to unusual, extenuating and compelling circumstances).
THIRD SCENARIO:
Offense History----Revoked for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period.
DMV Action: Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.
FOURTH SCENARIO:
Offense History----Revoked for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period
DMV Action: Deny for two years in addition to statutory revocation period, then relicense with restricted license for two years, but no interlock.
FIFTH SCENARIO:
Offense History----Two alcohol/drugged driving related convictions or incidents.
DMV Action: No full relicensing until end of statutory minimum revocation period, even if IDP is completed.
FREQUENTLY ASKED QUESTIONS
What happens if I am not eligible for a conditional or restricted license?
You must serve the entire term of your suspension or revocation and then reapply to the DMV for a new driver license.
Can some drivers have their full privileges restored at their local DMV office?
Yes, the following drivers who hold a conditional license can continue to visit a DMV office for restoration of their driving privileges: a driver with two alcohol/drugged-driving convictions or incidents within the previous 25 years who has completed the IDP and has served the entire suspension or revocation period, or a driver with one alcohol/drugged-driving conviction or incident within the previous 25 years who has completed the IDP
If I have a conditional license based on one alcohol/drugged-driving conviction or incident, must I serve the minimum suspension or revocation period?
If there is only one alcohol/drugged-driving conviction or incident on your record, you can receive or apply for a new driver license without the need to serve the full revocation period if you first complete the IDP.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I RECEIVED A DEPARTMENT OF TRANSPORTATION (DOT) TICKET (AKA TRUCKING TICKET)
Transportation Law tickets are typically docketed in Criminal Court. That usually confuses and sometimes surprises clients. On Long Island, the Nassau and Suffolk County District Courts usually (but not always) handle these tickets. The issuing officer may write the ticket(s) to either the driver in his/her personal name or to the company for whom the driver works.
If the DOT violations are written to the driver, the driver MUST appear in court because the tickets were written to him or her in their personal name. However, if the corporation desires, a corporate substitution may be executed and presented to the Court. A corporate substitution is an application to the Court to allow a substitution of the corporation for the employee/driver so that the corporation will become the defendant. If the Court agrees, the tickets are taken out of the name of the driver and rewritten in the name of the corporation. According to Criminal Procedure Law 600.20, “At all stages of a criminal action, from the commencement thereof through sentence, a corporate defendant must appear by counsel. Upon failure of appearance at the time such defendant is required to enter a plea to the accusatory instrument, the court may enter a plea of guilty and impose sentence.” In other words, whether the tickets were originally written to a corporation or if a corporate substitution is granted, a corporate defendant MUST appear with an attorney. A benefit of having the attorney show up to court is that the employees/officers of the corporation do not have to appear. Instead, the attorney may resolve the matter(s) without the need for employees/officers to lose time from work.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DWI SERIES---ISSUES FROM THE STOP TO THE ARREST
This guide explains some basic concepts related to police-civilian street encounters. It will educate you on when a police officer can stop you and what information he/she needs before they can legally approach you in public.
WHEN CAN A POLICE OFFICER APPROACH ME ON THE STREET OR WHILE I'M IN A PARKED VEHICLE?
The approach of a parked vehicle by a police officer is governed by the same rules that govern police-civilian street encounters. The two seminal New York cases that govern these situations are People v. Hollman, 79 N.Y.2d 181 (1992) and People v. DeBour, 40 N.Y.2d 210 (1976). In both cases, the NY Court Appeals identified 4 levels of police-civilian street encounters: (1) a request for information; (2) a common-law right of inquiry; (3) a forcible stop/detention and (4) an arrest.
Debour Level 1---Police must have an articulable basis to approach you or your parked vehicle. They can ask your name, destination and why you're in a specific geographical location. If police go beyond their authority, evidence is suppressible. Under Level 1, police can ask non-threatening questions regarding name, address, destination and if a person is carrying something unusual, a police officer can ask about that. The encounter should be brief and non-threatening and there should be an absence of harassment and intimidation. Under level 1, an officer can say "STOP" if it's not forceful, can approach a stopped car, can touch his holster but cannot request permission to search and cannot case people to reasonably believe they're being suspected of a crime, no matter how calm and polite the tone of the questions.
DeBour Level 2---Police can conduct a common-law right of inquiry if they have "founded suspicion" that criminal activity is afoot. Under this level, the questioning can me pointed and focused on criminality and can reasonably lead one to believe that he/she is suspected of a crime. The questions can be more extended and accusatory. However, an officer cannot request permission to search, cannot pursue a suspect and cannot forcibly detain or pat down at this stage.
DeBour Level 3----Police can stop and frisk if there is reasonable suspicion of criminal activity. Under level 3, an officer can forcibly detain a suspect, can frisk for weapons if there is a reasonable fear that the suspect is armed, can pull a car out of the flow of traffic, can order a suspect to lie on the ground if there is good reason, can handcuff a suspect for a good reason and can pursue a suspect.
DeBour Level 4---If the officer has probable cause to search and/or arrest, he can do both. If there is probable cause to search, the officer must secure a search warrant unless an exception to the warrant requirement exists. And if there is probable cause to arrest, then a suspect may be formally arrested and placed into custody.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT IS PROBABLE CAUSE AND HOW DOES IT FACTOR INTO YOUR CRIMINAL CASE?
This guide will educate you on issues of probable cause, what it means, how an officer may obtain it and what needs to be done once it's acquired. Probable Cause applies to an arrest as well as to searches. It may apply to DWI, DUI and all types of criminal cases.
WHAT IS PROBABLE CAUSE AND HOW DOES AN OFFICER OBTAIN IT?
Probable cause is a quantum of information. It is also a set of facts that lead to a legal conclusion based on that factual data. It is information sufficient to warrant a person of reasonable caution to believe that an accused committed a crime of that the evidence, i.e., the fruits of the crime and/or instrumentalities of a crime can be found at a given location. In simple terms, probable cause is a belief greater than 50% that someone committed an offense/crime or that evidence of a crime is at a given location.
HOW DOES AN OFFICER OBTAIN PROBABLE CAUSE?
An officer can obtain probable cause by utilizing (1) his own observations; (2) information gained by another police officer (i.e., the fellow officer rule); (3) information acquired by private citizens; (4) information gained by a confidential informant and (5) information gathered from an anonymous tip.
ONCE AN OFFICER HAS PROBABLE CAUSE, MAY HE/SHE IMMEDIATELY ARREST &/OR SEARCH A SUSPECT OR LOCATION?
Once an officer obtains probable cause to believe that a particular suspect has committed a crime, he may arrest him in most circumstances. If the suspect is in public and the officer is located in a place that he (the officer) is legally allowed to be, he may arrest the suspect without an arrest warrant. However, if the suspect is located in a non-public area, he needs to obtain an arrest warrant and possibly even a search warrant. I will discuss these issues in another legal guide but suffice it to say that generally speaking, in order to arrest someone without an arrest warrant once probable cause is secured, it must be done in public.
With regard to searching someone's person or a place, there is a different analysis once probable cause is obtained. If the officer gains probable cause to search the accused or a location, the officer MUST secure a search warrant. However, there are several exceptions to the warrant requirement. Those exceptions are easily remembered by the acronym BEACHPASS. In order to search a person or place without a search warrant, a police officer MUST have probable cause and one of the following BEACHPASS (Actually BEACHPAS) warrant exceptions: (1) Border Search; (2) Exigent Circumstances; (3) Automobile Doctrine; (4) Consent to Search; (5) Hot Pursuit; (6) Plain View Doctrine; (7) Administrative (aka Inventory) Search; and (8) Search Incident to a Lawful Arrest. Each of these warrant exceptions will be discussed in greater detail in another legal guide.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I RECEIVED A NO INSPECTION TICKET IN NEW YORK
In New York, Vehicle and Traffic Law section 306(b) governs a charge of No inspection. That statutory section reads as follows: (b) No motor vehicle shall be operated or parked on the public highways of this state unless a certificate or certificates of inspection, as required by this article, is or are displayed upon the vehicle or affixed to the registration certificate for the vehicle as may be determined by the commissioner. The commissioner may, by regulation, provide for a temporary indicia of inspection to be placed on a motor vehicle which shall be valid as a certificate of inspection for a period not to exceed fifteen days upon the loss, theft, mutilation or destruction of a certificate of inspection. Any violation of this section that occurs while a motor vehicle is parked on the public highways of this state shall constitute a parking violation. Every agreement for the lease or rental of a motor vehicle for a period of not more than thirty days shall be deemed to provide that the lessor of such vehicle shall, in all respects, be substituted for the lessee or any person operating the vehicle in conformity with the lease or rental agreement in connection with any charge of violating this section, provided that any summons issued to the operator for violation of this section is turned over to the lessor. A violation of this subdivision shall be punishable by a fine of not less than fifty nor more than one hundred dollars for a first offense, and by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than fifteen days, or by both such fine and imprisonment, for each subsequent offense; provided however, that if the vehicle bears a certificate or certificates of inspection which was or were valid within the last sixty days, such violation shall be punishable by a fine of not less than twenty-five nor more than fifty dollars.
A no inspection ticket can be issued to the driver of the vehicle, or if the vehicle is parked, it may be issued as a parking ticket to the vehicle itself. If the inspection is expired for more than 60 days, the fines are increased.
You should know that there are several ways to attack these tickets: (1) procedural attacks that may result in a dismissal; (2) skillful cross examination of the officer at trial or (3) plea bargaining to secure a lower fine depending on the circumstances of your stop and your background. All of these things matter when plea bargaining is being considered.
As I mention above, you may have several defenses to these charges that should be explored by a competent traffic lawyer. I have handled a multitude of these offenses both as a traffic prosecutor at 16 Cooper Street, Hempstead, for 8 years and as a defense attorney since 2008.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT CONSTITUTES A SEARCH?
A "search" has taken place if the police officer's method of observation involved the use of devices that substituted for his/her own perception. Pursuant to People v. Clark, 103 Misc.2d 498, 426 N.Y.S.2d 692 (Sup. Ct., N.Y. Co., 1980), when a police officer is in a common hallway and puts his/her ear to the door of an apartment, the police officer is reasonable in his/her actions and has not violated 4th Amendment rights since listening with a naked ear from a hallway accessible to the public does not intrude upon any justified expectation of privacy of the occupants.
Flashlights---Pursuant to United States v. Lee, 274 U.S. 559, 47 S.Ct. 746 (1927), flashlights are NOT considered a search if they are used. Binoculars---Pursuant to United States v. Kim, 415 F. Supp 1252 (D. Hawaii, 1976), binoculars are considered a search if they are used but only if they substitute for the perception of the police office instead of an aid to the perception of the police officer. In other words, if the officer uses the binoculars to assist him/her in seeing something better than they can already see, it's not a search. However, if the binoculars enable the officer to see something he/she cannot see with his/her own perceptions, then this is a search. Whether a search has occurred or not often is decided after a hearing where testimony is given and a judge may decide whether a search has occurred.
Use of Dogs---Pursuant to United States v. Place, 462 U.S. 696 (1983), dog sniffs are not considered a search. Dog sniffs only reveal criminality but they do not intrude on constitutional rights. In New York, the case of People v. Dunn, 77 N.Y.2d 19 (1990) held that the use of specially trained narcotics detection dogs to conduct a "canine sniff" does constitute a search within the meaning of NY Constitution, article I, section 12 since resort to this investigative technique enables police to obtain information regarding the contents of a place that has traditionally been accorded a heightened expectation of privacy. However, given the uniquely discriminate and nonintrusive nature of such an investigative device, as well as its significant utility to law enforcement authorities, it may be used without a warrant or probable cause, provided that the police have a reasonable suspicion that a residence contains illicit contraband. Accordingly, where law enforcement authorities had a reasonable suspicion that defendant's apartment contained illegal drugs, the police had sufficient justification, while lawfully in the common hallway outside the apartment, to conduct a *canine sniff*, and defendant's rights under NY Constitution, article I, * 12 were not infringed.
Mail Cover is the inspection of the outside of every envelope that comes in a person's mail. Mail covers are not considered searches pursuant to United States v. Choate, 576 F.2d 165 (9th Cir., 1978).
A pen register is a record of all of a person's outgoing calls from a particular phone. Conversations can be heard as a result of this process. Reasonable suspicion is necessary to get a pen register in New York.
WHAT CONSTITUTES A SEARCH---CONTINUED AND WHAT CONSTITUTES A SEIZURE?
Federally, a pen register is NOT considered a search as explained in Smith v. Maryland, 442 U.S. 735 (1979).
Trap & Trace Devices are records of all of a person's incoming calls from a particular phone; conversations cannot be heard via this process. A trap and trace device is not considered a search.
Bumper Beepers are attached to a person's automobile to track their movement. Bumper beepers are not considered a search when they are used to aid the perception of the police officer as explained in United States v. Knotts, 460 U.S. 276 (1983). If the beeper provides information that is not found from visible surveillance as well then the beeper is considered a search pursuant to United States v. Karo, 468 U.S. 705 (1984) and People v. Colon, 96 Misc2d 659(Sup. Ct., Bronx Co., 1978).
What Constitutes a Seizure:
(1) In the Federal system, the US Supreme Court stated in California v. Hodari, 499 U.S. 621 (1991). that pursuit does NOT constitute a seizure. Seizure is an application of physical force or a submission to authority. (2) In New York, pursuant to People v. Cantor, 36 N.Y.2d 106 (1975), a seizure is when an individual is physically or constructively detained by a police officer, interrupting or limiting his/her movement. In New York, a seizure does NOT have to involve the physical touching of a detainee. In New York, pursuit is a seizure. In New York, shouting "freeze, police!" is a seizure. A police officer drawing his gun is also a seizure. Saying Stop can be considered DeBour Level 1 conduct and is allowed. A police officer can handcuff a suspect based upon reasonable suspicion of a crime.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
SEARCH WARRANTS---A BASIC PRIMER
This guide will educate you and give an introduction on the beginning basics of search warrants. This guide applies to all criminal cases including, DWI, DUI and drug cases.
Basic Concepts of Search Warrants
Search warrants are governed by the Federal Rules of Criminal Procedure Law section 41 and New York Criminal Procedure Law 690. The reason why a judge is required to obtain a warrant is that a neutral person who is presumably detached from the case must decide whether there is probable cause to search. Otherwise, without a judge, the government would have unfettered discretion to search the person and property of all citizens without adequate factual and/or legal justification.
Once property is seized by the government pursuant to a search warrant, a police officer (or other law enforcement agent) must, without unnecessary delay, return to the court with property and must file a written inventory of the property.
The warrant application may be made in writing or orally. The affidavit in support of the warrant must be made by a public servant (e.g., a police officer, an assistant district attorney or another public servant). Moreover, there must be reasonable cause (aka probable cause) to believe that a certain type of property can be found in a certain place and there must be facts to support that assertion.
When executing a warrant, there must be reasonable effort by the police to give notice of their authority and purpose and a copy of the warrant must be shown to the person whose premises it is upon request. If the police are not admitted after they knock and give notice of their authority and purpose, then the police may use whatever force is necessary in order to execute the warrant.
Special Requests in Search Warrants
Special requests in warrants: That the warrant be executed at any time---day or night. If there is reasonable cause to believe that the warrant cannot be executed between 6 AM and 9 PM or that the property could be destroyed, a warrant dictating that it may be executed at any time of day might be issued. A "no-knock warrant" gives authority to the police to enter a premises without knocking and without giving notice of their authority and purpose. This type of warrant is issued if the police have reasonable cause to believe that the property sought may be easily destroyed or that someone is in danger (the police officer or someone else). If there is a chance of physical destruction of property or serious injury to a person, a "no knock" warrant may be issued.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
PRACTICAL TIPS WHEN YOU'RE STOPPED FOR A SUSPECTED DWI/DUI OR GENERAL TRAFFIC STOP
This guide will educate and give you some practical tips on what you can do when you're stopped for a suspected DWI, DUI or general traffic stop. These are some of the rights that you may exercise when interacting with law enforcement.
SHOULD YOU BLOW INTO THE BREATHALYZER?
This is quite arguably one of the most common questions I encounter from family, friends and clients. They all want to know, "should I blow or not?" The answer to that question is: IT DEPENDS. There is no one size fits all. To start, if you've been drinking, by agreeing to take a chemical test, you are allowing the government to freely accumulate incriminating evidence against you that will undoubtedly be used to prosecute you. On the other hand, if you refuse to take a chemical test, it could have serious repercussions related to your driver's license. In New York, apart from prior convictions as well as the type of license a motorist possesses, generally speaking, a refusal to take a chemical test may result in a revocation of one's license for a minimum period of one year. If you possess a commercial driver's license or you've been convicted before, the revocation may be longer.
The question then of whether you should blow or not depends on several factors. First, have you been drinking and if so, how much? The general rule (though I am NOT advocating this) is that a person should not consume more than one standard drink per hour. A standard drink is defined as one 12 ounce beer, one 5 ounce glass of wine and one 1.5 ounce of distilled spirits. You should note that there are other factors that affect whether someone is affected by alcohol but again, the general wisdom has been no more than 1 drink per hour. So getting back to the original question, should you blow or not? Well, if you've had more than one standard drink per hour, your blood alcohol level may come back over the legal limit of .08 percent. And if it comes back at .08 or greater, you will be charged with a misdemeanor DWI. But before you decide whether you should take the test or not, remember that if you've never been in trouble before, if there was no accident and you blow below a certain blood alcohol level (depending on the county), you may be able to plea bargain. If you're going to lose your job as a result of a conviction, you may want to refuse to take a chemical test since taking the test may make a prosecutor's case against you stronger.
Second, if you refuse to take the test, that will trigger a DMV hearing wherein the arresting officer must show, among other things, that (1) there was reasonable grounds to believe that you violated any section of Vehicle & Traffic Law 1192; (2) that your arrest was lawful (i.e., based on probable cause); (3) that the officer recited sufficient "refusal warnings" and (4) that the refusal was persistent. If these 4 things are shown, you are in jeopardy of having your driver's license revoked for a minimum period of one year and there is no guarantee that you will be eligible for a driver's license during that period. You may not be able to survive for one year without a license. It is true that even with a refusal, you may resolve your underlying criminal case and the refusal revocation will still remain. However, there are some ways to potentially regain a partial license while the revocation period is pending.
Third, if you refuse to take a chemical test, many jurisdictions will not plea bargain with you without a fight. Quite often, this situation requires the advocacy of a skilled DWI lawyer to poke holes in the DA's case.
To wrap it all up, if you blow, you will incriminate yourself if you've had too much to drink. If you haven't had anything or much to drink, you may want to blow. Otherwise, refusing to blow may result in a license revocation. Many motorists cannot cope with a full or even partial loss of their full driving privileges so this may be a consideration in assisting in answering the question of whether you should blow. However, blowing may allow the government to gather more evidence against you and if a conviction may cost you present or future employment, you may want to refuse. As you can see, the question of whether you should blow is complicated. It must account for how many drinks you've had, whether you need a full driver's license and whether a conviction will cause you disproportionate harm. It certainly is difficult, particularly if you've been drinking, to make a sound decision when you're under arrest and scared. But either way, you are forced by virtue of circumstance to make a decision. In the end, as I stated above, "should I blow or not" is best answered by saying, IT DEPENDS.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
PRACTICAL TIPS WHEN YOU'RE STOPPED FOR A SUSPECTED DWI/DUI OR GENERAL TRAFFIC STOP
This guide will educate and give you some practical tips on what you can do when you're stopped for a suspected DWI, DUI or general traffic stop. These are some of the rights that you may exercise when interacting with law enforcement.
WHAT TO DO WHEN YOU'RE PULLED OVER BY A POLICE OFFICER
Imagine driving along and you see lights in your rearview mirror and you hear sirens. Suddenly, you're gripped with fear because you've had a few drinks. The officer starts to make his way to your driver's side window and proceeds to request your driver's license, registration and insurance information. You don't know what to do and you start to worry about what will happen.
First, you should try to remain calm. I realize that this may be difficult in this particular situation but you should do your best to not show any fear or worry because an officer may detect these emotions. Second, you should always be courteous and respectful because officers are no different than the rest of humanity. If you insult them or cause them to fear for their safety, they will likely hold it against you in some way. Third, if you've had something to drink or you've taken drugs (illegal or legal), you should say as little as possible. Remember that an officer pulled you over because of a suspected traffic offense. He already observed your vehicle speeding, failing to maintain a lane, failing to signal, etc...And while it's true that he may be incorrect in the belief that you violated the Vehicle and Traffic Law, at that moment, he believes you committed one or more of those traffic offenses. The officer may already have some evidence of intoxication or impairment if he observed you swerving or doing anything erratic in your control of the vehicle prior to the stop. Now, at the time he approaches your window, he may be looking for additional signs that you're intoxicated or impaired. Some of the things he's looking for are (a) an odor of alcohol or drugs on your breath and (b) slurred speech. This is why it is so important to say as little as possible. Think about it...the more you speak, the more opportunity you're giving the officer to detect whether you have an odor on your breath and/or slurred speech.
So now that the officer is near your window, what do you do? First, as I stated above, you may keep the conversation polite, respectful and brief. The officer will typically ask, "Do you know why I pulled you over?" This is a trick designed to get you to incriminate yourself. The officer hopes that you say something in response like, "I know I was speeding," or "I'm sorry I was swerving," etc... The officer will use these admissions against you because it legally supports his justification for pulling you over in the first place. The better course of action is to say shrug your shoulders and say nothing or at the very least, don't admit that you are aware that you were committing a traffic offense. Second, the officer will start to look for clues of impairment/intoxication. He will most likely ask, "Have you had anything to drink tonight?" Remember, you do NOT have to answer his questions. You have a 5th Amendment right to not incriminate yourself. In response to this, you may say, (a) nothing or (b) I would like to speak with a lawyer. In New York, you have an indelible right to counsel. Once you demand to speak with an attorney, an officer can still continue to investigate but he may not interrogate you any further.
WHAT HAPPENS AFTER YOU DEMAND TO SPEAK WITH A LAWYER?
As stated above, in NY, you have an indelible right to counsel. By saying, "I wish to speak with a lawyer," the officer should no longer interrogate you. However, this does not mean that the officer cannot ask any questions or that he cannot ask you to perform physical tests to determine whether you're intoxicated or impaired by the use of drugs and/or alcohol. In other words, asking for an attorney merely requires that the officer not ask you questions that may incriminate you. However, you should be aware that an officer may still ask your pedigree information. Pedigree information is biographical questions: name, date of birth, address, etc...There is a word of caution here. As part of their investigation, officers quite often will ask if you're injured, whether you've taken any drugs and/or alcohol and whether you suffer from illnesses like Diabetes. These questions have been held by courts to be completely acceptable even after a suspect has asked for an attorney. The reasoning for upholding these questions is that the Courts feel that it's important for the officer to be made aware of the suspect's medical and physical condition in case there is a medical emergency. For instance, if the person has ingested drugs and he passes out, an officer may alert medical personnel to the fact that the suspect has drugs in his system. Obviously, this information may save a suspect's life. But in the vast majority of cases, there is no life threatening emergency that necessitates asking those questions. So because those questions are legally allowable, as you may have guessed, a suspect's responses are quite often used against him as evidence of guilt. So when an officer asks at the precinct, "have you taken any drugs or alcohol within the last 24 hours," if the answer is yes, rest assured that that statement evidence will be used against you. So what should you do? Again, you have the right to not incriminate yourself. You may merely continue to request speaking to an attorney and politely advise the officer that you will not answer any questions without the aid of counsel. Moreover, you shouldn't sign anything without reading it first and you may even wish to refuse signing anything until you speak with a lawyer. Lastly, you should try to note the name of the officer and the time that you requested an attorney so that later on, if the government argues that you made incriminating statements, there is a chance that those statements and other evidence may be suppressed as having been elicited in violation of your constitutional right to an attorney.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
PRACTICAL TIPS WHEN YOU'RE STOPPED FOR A SUSPECTED DWI/DUI OR GENERAL TRAFFIC STOP
This guide will educate and give you some practical tips on what you can do when you're stopped for a suspected DWI, DUI or general traffic stop. These are some of the rights that you may exercise when interacting with law enforcement.
WHAT TO DO WHEN AN OFFICER ASKS YOU TO EXIT YOUR VEHICLE IN A SUSPECTED DWI/DUI CASE
At some point, the officer notices indicia of alcohol and/or drug use. He asks you to step out of the car. While you're exiting the vehicle, the officer is studying your physical movements. He wants to see if you possess normal balance or if you're wobbly and unsteady on your feet. Also, he wants to see if you use the vehicle to balance yourself as you're exiting and after you've exited. Now that you've exited the vehicle, the officer asks you to submit to Standardized Field Sobriety Tests (SFSTs) and other physical coordination tests. These tests usually consist of three or more basic tests at the scene. They are the Horizontal Gaze Nystagmus, the 9 Step Walk & Turn and the One Leg Stand tests. These tests are known as divided attention tests. While many defense attorneys including myself dispute the reliability of these tests, in theory, these tests are designed to determine whether a person possesses, at the time of operation, adequate ability to safely and prudently operate a motor vehicle. You should note that even if you request an attorney, that alone does not prevent an officer from legally requesting that you submit to these SFSTs. Courts have ruled that once you request an attorney, officers must not seek to gather testimonial evidence against you. So what does this mean in practical terms? Testimonial evidence is spoken evidence. That means that once you ask to speak with a lawyer, an officer is not allowed to do or say anything that might reasonably get you to incriminate yourself by your words. However, an officer is not required to stop seeking physical evidence. That physical evidence may come in the form of breath, blood, saliva or urine or may come from an officer's observations of a suspect's performance on SFSTs.
CAN YOU REFUSE TO PERFORM SFSTs, SCREENING TESTS AND CHEMICAL TESTS?
You absolutely have the right to refuse to perform SFSTs. You also, have the right to refuse to take a Preliminary Breath Test (PBT) also known as an Alco Sensor test, which is a screening test that may provide an officer with probable cause to arrest. However, you should be aware that while you have a right to refuse to take a PBT, you can be charged with Vehicle & Traffic Law (VTL) section 1194(1)(b), which is a traffic infraction, for refusing to take the PBT screening test. Also, you have the right to refuse to take a chemical test of your blood, urine, breath and/or saliva. There is an exception in cases where a Judge signs a warrant to force a chemical test of one's blood. But suffice it to say that you may refuse to take a chemical test as well in most circumstances. The one caveat that I will cover in a separate legal guide is that if you refuse a chemical test when an officer has reasonable cause to request you submit to one and the refusal is persistent, your refusal may result in a revocation of your driver's license for a period of time.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I WAS CHARGED WITH DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL, WHAT DO I DO NEXT?
Driving While Ability Impaired in New York is different than Driving While Intoxicated or Driving While Ability Impaired by Drugs. Driving While Ability Impaired by Alcohol (DWAI) is not a misdemeanor. In fact, it’s typically charged as a traffic infraction. But make no mistake, unlike most traffic matters, DWAI should be taken seriously because it can have far reaching effects on one’s life.
When a motorist submits to a chemical test of his/her blood, urine, breath or saliva, and registers a reading between .05% and .07%, that is known as DWAI. Anything at .08% or higher is charged as DWI or Aggravated DWI if the reading is high enough.
Often times, even though a motorist registered between a .05% and .07% BAC (blood alcohol content), prosecutors will add a DWI charge of 1192.3, common law DWI. I’ll explain in another article why this is done. But for now, let’s focus on the DWAI.
If a motorist has little or no criminal record, there was no motor vehicle accident and no other aggravating factor, DA offices will typically no reduce the DWAI charge nevertheless. If you’re charged with a DWI and your record is clean, often times, a DA’s office will offer to reduce the charge to a DWAI. However, when you’re charged with a DWAI, for some reason, prosecutors will not give you the benefit of a lower charge without a fight. There may be plea bargain restrictions that explain why this is but in my experience, some DA offices will dismiss DWAI charges and allow pleas to other charges if the facts warrant a departure from the normal plea offer.
This is why it’s super important to hire an attorney who understands what to look for and how to properly explore defenses to charges. A conviction to a DWAI can have far lasting repercussions. Make sure your do your due diligence in selecting an attorney to assist you with your DWAI charge. Your future may depend on it.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT TO DO IF I’M CHARGED WITH A SUSPENDED DRIVER’S LICENSE AND/OR A SUSPENDED/REVOKED REGISTRATION
There are several reasons for why a person may be charged with Aggravated Unlicensed Operation of a Motor Vehicle. The typical reason is that a person receives a ticket and either fails to appear or fails to pay the ticket after the ticket has been resolved. Or a DMV fee is owed and not paid. Before NYS suspends you however, you will receive a notice of suspension at the address DMV has on file. The suspension notice should be mailed several weeks in advance thereby giving the motorist an ample amount of time to address the impending suspension. However, sometimes, the suspension will take effect because the mail is lost or the motorist failed to act. If the motorist is caught driving, he/she will be charged with a misdemeanor of Aggravated Unlicensed Operation of a Motor Vehicle. In some circumstances, it can even be a felony. Do not treat these charges as traffic tickets. They are in fact misdemeanors and as such, they can lead to jail or other problems if not properly handled. Consider hiring an attorney who knows how to properly defend you in these matters.
A motorist may also be charged with driving with a suspended or revoked registration. This is also a misdemeanor and should be treated seriously. Often, this is the result of an insurance lapse. An insurance lapse is serious business. A conviction to no insurance can lead to a minimum revocation of your driver’s license for one year as well as a heavy duty fine. These charges are also defensible but one must understand how prosecutors view these tickets and what information is critical in their proper defense and handling. If they are not handled correctly, they can have far reaching effects well beyond the charges which can affect your life for years to come.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOMESTIC VIOLENCE CONTINUED
You should know that you have rights when it comes to any criminal case and Domestic Violence cases are no different. Quite often, through artful and expertly delivered cross-examination, an attorney can expose the lies of a complaining witness. Just because you’ve been charged with a crime does not mean you’re guilty and it certainly does not mean that you should plead guilty.
When speaking with any lawyer, make sure that the person is knowledgeable and handles the type of matter with which you’re charged. This can make a world of difference. Also, while price may be a relevant factor to most people, it shouldn’t be the most important factor in deciding to which attorney to entrust your life and reputation. You should seek counsel that is responsive to your needs and is knowledgeable about your case and how to defend it. It can make ALL of the difference in your life.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOMESTIC VIOLENCE CONTINUED
If you’ve been falsely accused of committing an act of domestic violence (AKA “DV”), you should know that you still have rights and defenses. In my experience, DV cases are quite often very defensible. It’s important that you hire an experienced trial lawyer who actually tries cases and understands how to litigate.
DV cases can be very emotionally draining for a client. There are other things that are affected by these charges. If the defendant and complaining witness have a child in common who is a minor, Child Protective Services (“CPS”) often gets involved and conducts an investigation to determine if the parent who was arrested is fit to be around his/her children unsupervised. As one can see, there are collateral issues that must be taken into consideration when deciding whether to take a plea or go to trial. Again, it’s important that you hire an experienced trial lawyer who actually tries cases and understands how to litigate.
You are entitled to pretrial discovery. Your attorney should review that information with you and you should map out a game plan. You may be entitled to pretrial suppression hearings that could result in evidence being thrown out. Also, if you decide to go to trial, you will want to strategize on important issues of whether you should testify and how you intend to attack the government’s evidence.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
RECEIVED A FAILURE TO STOP FOR A SCHOOL BUS TICKET IN NEW YORK
In New York, if you’re convicted of failure to stop for a school bus, you will have 5 points imposed on your license. Vehicle and Traffic Law section 1174(a) deals with failing to stop for a school bus. It states the following in pertinent part: § 1174. Overtaking and passing school bus. (a) The driver of a vehicle upon a public highway, street or private road upon meeting or overtaking from either direction any school bus marked and equipped as provided in subdivision twenty of section three hundred seventy-five of this chapter which has stopped on the public highway, street or private road for the purpose of receiving or discharging any passengers, or which has stopped because a school bus in front of it has stopped to receive or discharge any passengers, shall stop the vehicle before reaching such school bus when there is in operation on said school bus a red visual signal as specified in subdivision twenty of section three hundred seventy-five of this chapter and said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a police officer to proceed. For the purposes of this section, and in addition to the provisions of section one hundred thirty-four of this chapter, the term "public highway" shall mean any area used for the parking of motor vehicles or used as a driveway located on the grounds of a school or of a board of cooperative educational services facility or any area used as a means of access to and egress from such school or facility.
You should know that there are several ways to attack these tickets: (1) procedural attacks that may result in a dismissal; (2) skillful cross examination of the officer at trial or (3) plea bargaining to secure no points or less points depending on the circumstances of your stop and your background. All of these things matter when plea bargaining is being considered.
As I mention above, you may have several defenses to these charges that should be explored by a competent traffic lawyer. I have handled a multitude of these offenses both as a traffic prosecutor at 16 Cooper Street, Hempstead, for 8 years and as a defense attorney since 2008.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOMESTIC VIOLENCE
Domestic Violence is a term that doesn’t always involve violence. In the Court system, Domestic Violence (aka DV) applies to any arrest involving family member or those that are romantically connected or have a child in common. As I said, it does NOT have to involve violence for you to be sent to a DV Courtroom.
Imagine you get into an argument with your significant other. Words are exchanged. Perhaps it’s a fight that is long overdue. Harsh words are exchanged. Subtle threats are made but said more in jest than because of any serious intent. Suddenly, one party gets angry and decides to call the cops and say something like, “my husband just threatened to kill me.”
That phone call has set in motion a chain of events that the caller may come to regret. The police show up at some point. They interview the wife and she, still angry, says, “he threatened me and shoved me.” Guess what. The Husband is going to be arrested. He’s going to be cuffed and treated like a criminal. He is going to be brought to the stationhouse for booking and he will spend the night in jail. In the morning, he will go before an arraignment judge to be arraigned.
The wife may realize that the arrest went too far. She just wanted to teach her husband a lesson. But it’s too late. She cannot simply have the charges dropped. The District Attorney’s Office does not typically drop cases. At the arraignment, the judge may agree to release the husband on his own recognizance but there may be conditions to the release. The Judge may order the husband to anger management, a batterer’s program (aka spousal abuse program) or some other treatment and may sign a stay away order of protection directing that he stay away from his wife or else be arrested for criminal contempt.
Imagine that you’re the husband in this scenario (though women can also find themselves arrested for these crimes as well). You cannot return to the home that you own. However, you don’t want to go into arrears with your mortgage so you continue to pay your mortgage and property taxes. But since you can’t live at home due to the stay away order of protection, you’re now forced to get an apartment or ask family and friends for a place to live temporarily. Furthermore, because you maintain your innocence, you’re confused as to why you have to undergo a spousal abuse program. Does this sound familiar? It should. It happens every single day in our court system. The best way to fight back is to hire an attorney who is experienced in handling domestic violence cases. You should discuss your legal options including taking the case to trial. In the event that you are found not guilty, the order of protection will automatically be vacated.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOT COMPLIANCE AUDITS
I represent many companies whose drivers receive Department of Transportation violations (“DOT”). Often, the fines associated with these violations can be quite extreme and severe. Also, in my experience, some law enforcement officers will unfairly ticket a driver or company with either tickets that are not warranted or tickets that are unnecessarily repetitive.
Lately, the NYS DOT has been performing compliance audits to determine if your company is following the DOT guidelines. You may receive a letter stating that your company is scheduled for an audit to ascertain whether the company is in compliance with the New York State Department of Transportation’s Regulations and the New York State Transportation Law. In performing this audit, the Motor Carrier Investigator will conduct a review of the Regulations and Law that you are required to follow.
In order to prepare for this audit, you should do the following: (1) have a representative of your company that is involved in the company’s day to day operations available to complete the review; (2) the following documents should be made available for review: (a) Vehicle Registrations, Copies, Equipment List of All Vehicles, (b) Vehicle Leases (if applicable), (c) Vehicle Maintenance Records and Preventative Maintenance Schedules, (d) Proof of purchase of Vehicle Identification Receipts or Single State Registration Receipts, (e) Driver’s Hours of Service Records/Driver’s Daily Log Books for the past 6 months, for all drivers, if applicable, (f) Driver Vehicle Condition Reports for the past 3 months, (g) Trip Sheets for the past 3 months, (h) Roadside Inspection Reports for the past 1 year, (i) Drug/Alcohol Testing information, if applicable, (j) Copy of driver’s medical card and license, and (k) Driver’s application, hire dates, including previous employer(s) information, driving abstract, proof of road test, if applicable.
Depending on the findings that the Motor Carrier Investigator discovers during the audit, it may be necessary to have you produce material in addition to what is stated above.
You should know that you and your company still have rights and potential defenses. If your driver was ticketed in his or her name, you may want to do what’s known as a corporate substitution. What this means is an application is made to the court to substitute the name of the corporation for that of the individual driver. There may be valid reasons why the owner of a company may choose to do that. Also, if the company is ticketed in its corporate name, the Criminal Procedure Law requires that a corporation be represented by an attorney. If you show up to court without an attorney and your corporation or business entity is the named defendant, you will be required to come back with an attorney. Provided you execute a proper authorization, a benefit to having an attorney in corporate matters is that you do not have to appear. Instead, the attorney appears on behalf of the corporation.
DOT violations can be very expensive, time consuming and disruptive to a business. However, when you have an experienced attorney, plea bargaining is not only possible, it can make a huge difference in the outcome of a case, the amount of money assessed against a defendant and may prevent disruption of someone’s business. In the alternative, a trial may be necessary where we fight the merits of the charges. That is an option that every DOT recipient should discuss with his or her attorney.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOT VIOLATIONS
I represent many companies whose drivers receive Department of Transportation violations (“DOT”). Often, the fines associated with these violations can be quite extreme and severe. Also, in my experience, some law enforcement officers will unfairly ticket a driver or company with either tickets that are not warranted or tickets that are unnecessarily repetitive.
You should know that you and your company still have rights and potential defenses. If your driver was ticketed in his or her name, you may want to do what’s known as a corporate substitution. What this means is an application is made to the court to substitute the name of the corporation for that of the individual driver. There may be valid reasons why the owner of a company may choose to do that. Also, if the company is ticketed in its corporate name, the Criminal Procedure Law requires that a corporation be represented by an attorney. If you show up to court without an attorney and your corporation or business entity is the named defendant, you will be required to come back with an attorney. Provided you execute a proper authorization, a benefit to having an attorney in corporate matters is that you do not have to appear. Instead, the attorney appears on behalf of the corporation.
DOT violations can be very expensive, time consuming and disruptive to a business. However, when you have an experienced attorney, plea bargaining is not only possible, it can make a huge difference in the outcome of a case, the amount of money assessed against a defendant and may prevent disruption of someone’s business. In the alternative, a trial may be necessary where we fight the merits of the charges. That is an option that every DOT recipient should discuss with his or her attorney.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT IF THE COMPLAINING WITNESS WANTS TO DROP THE CHARGES? DOES THAT MEAN THAT THE CASE WILL BE DISMISSED?
When I was a New York State Prosecutor, I would frequently receive calls from complaining witnesses who would say things like, “I want to drop the charges,” or “I’ve changed my mind and I no longer wish to press charges” or something similar. I would listen to everything the complaining witness had to say but at the end, I would advise them that there is no such thing as “dropping the charges.” What do I mean? When someone is arrested and charged with a crime, that means that someone swore under penalty of perjury that the accused, also known as the defendant, committed a crime. When the defendant is arrested, a criminal case is started. The name of that case is The People of the State of New York against defendant. The case is not Complainant Witness against Defendant. This is important because while complaining witness may have caused the arrest to take place, it’s the State that decides how the case will proceed. It’s the People of the State against Defendant.
Prosecutors certainly take into consideration how the complaining witness feels about a case but make no mistake, the complaining witness does NOT have the power to drop anything. If the complaining witness refuses to cooperate, the local District Attorney’s office has the power to subpoena that person to court. The last thing a complaining witness wants is to be on the receiving end of a criminal contempt charge. If a complaining witness is served with a subpoena and fails to appear in court, the District Attorney’s office can start a criminal contempt case against that person.
If you are arrested for any type of case particularly one involving allegations of domestic abuse, you should be aware that the complaining witness does NOT have authority to drop the charges. You should speak to a qualified lawyer about your case. But please do NOT rely on the mistaken belief that a call to the DA’s office from the alleged victim will somehow result in a dismissal just because he/she has changed their mind. It simply doesn’t work that way except on TV.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
CAN I VIDEOTAPE THE POLICE DURING A STOP
I’m asked this question very often. I’ve been involved in quite a few cases in which a person is stopped by police and either the client or another person attempts to videotape the encounter. Very often, police will react very harshly. They will often threaten an arrest if one does not stop taping.
You DO NOT have to stop videotaping the event unless somehow you are interfering with the investigation. You don’t have a right to get in their way. However, imagine you are the passenger of a vehicle and the driver is stopped. The police are acting improperly when they threaten to arrest you for videotaping the encounter. And if they arrest you for videotaping, that arrest is ILLEGAL. And what’s worse is that they know it is illegal. You have the right to continue videotaping. Obviously, you shouldn’t interfere with what they’re attempting to do. But if you’re off to the side and you’re not obstructing their conduct, the police do not have a legal right to stop you. You may be arrested for refusing to stop because the police can concoct a story claiming that you did something else that was illegal. But you should know that you have certain rights and may be able to defend that arrest in court.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I’M CHARGED WITH DRUG POSSESSION AND/OR SALE, WHAT DO I DO?
You should know that drug possession is treated very differently than drug sale. It is universal that someone suspected of selling drugs (aka a drug dealer) is treated far worse than drug possession. Drug possession is treated more leniently because the user is often treated with sympathy based on their addiction.
Drug charges can be very devastating to an accused. Most employers do not want to hire someone who is charged and/or convicted of a drug charge. And if you’re charged with heroin, that may cause the DA’s office to treat you even more harshly.
The good news is that you have rights. These charges are defensible but you should strongly consider hiring an experienced attorney who handles drug cases regularly. First, the DA’s office must demonstrate that the substances found are actually illegal. The DA must provide a toxicology report. Second, the way the drugs are found is critical. Did the police have a search warrant? If so, we may be able to attack the warrant itself. If a search was conducted on the street pursuant to a stop, did the police violate your constitutional rights? If the police violated your rights, you may have the drugs suppressed, i.e., thrown out. Third, there may be therapeutic approaches to drug charges if legal defenses are limited or if the client wants to undertake that approach.
At the end of the day, you should always bear in mind that drug charges are serious. They can have devastating effects on your reputation, job, personal life, finances, etc… You really need to consider hiring an experienced attorney to assist you in fighting these charges.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I RECEIVED A DISOBEYING A TRAFFIC CONTROL DEVICE TICKET IN NEW YORK
In New York, Vehicle and Traffic Law section 1110(a), is entitled Disobeying a Traffic Control Device and if you’re convicted, two points will be assessed against your driver’s license. If you’re like most people, you’re wondering why you received the ticket and what offensive conduct you are alleged to have committed since the title of the offense is vague. What it means in plain English is that the officer claims that he observed you violate a traffic sign. In other words, a traffic control device is any sign that controls the traffic (stop sign, speeding sign, one way, etc…). In my experience, officers will sometimes write you a Disobeying a Traffic Control Device charge in lieu of writing the charge they really believe you committed in order to cut you a break on the points.
You should know that there are several ways to attack these tickets: (1) procedural attacks that may result in a dismissal; (2) skillful cross examination of the officer at trial or (3) plea bargaining to secure no points depending on the circumstances of your stop and your background. All of these things matter when plea bargaining is being considered.
As I mention above, you may have several defenses to these charges that should be explored by a competent traffic lawyer. I have handled a multitude of these offenses both as a traffic prosecutor at 16 Cooper Street, Hempstead, for 8 years and as a defense attorney since 2008.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I RECEIVED A SPEEDING TICKET IN NEW YORK
In New York, there are several speeding statutes that may apply. This article deals with Vehicle and Traffic Law section 1180(f), Speeding in a work zone. That statutory section reads as follows: 1180. Basic rule and maximum limits. (f) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) or (e) of this section or when a lower maximum speed limit has been established, no person shall drive a vehicle through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit. The agency having jurisdiction over the affected street or highway may establish work area speed limits which are less than the normally posted speed limits; provided, however, that such normally posted speed limit may exceed the work area speed limit by no more than twenty miles per hour; and provided further that no such work area speed limit may be established at less than twenty-five miles per hour.
Clients always ask how many points will they get if they plead guilty or are found guilty. The answer is, it depends. Non-speed violations that contain points have a specific amount of points assigned to them whereas points for speeding under 1180(f) depend on how fast the officer claims you were traveling. If you are alleged to have been travel 1-10 mph over the speed zone, the ticket has 3 points; 11-20 mph over the speed zone, the ticket has 4 points; 21-30 mph over the speed zone, the ticket has 6 points; 31-40 mph over the speed zone, the ticket has 8 points. And if you are alleged to have traveled 41 mph or greater over the speed zone, the ticket is 11 points.
You should know that there are several ways to attack these tickets: (1) procedural attacks that may result in a dismissal; (2) skillful cross examination of the officer at trial or (3) plea bargaining to secure no points or less points depending on the alleged speed, the circumstances of your stop and your background. All of these things matter when plea bargaining is being considered.
As I mention above, you may have several defenses to these charges that should be explored by a competent traffic lawyer. I have handled a multitude of these offenses both as a traffic prosecutor at 16 Cooper Street, Hempstead, for 8 years and as a defense attorney since 2008.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
If people driving do not know this by now, they should receive s ticket
I RECEIVED A SPEEDING TICKET IN NEW YORK
In New York, there are several speeding statutes that may apply. This article deals with Vehicle and Traffic Law section 1180(d), Speeding above a posted limit (other than driving in excess of 55 mph). That statutory section reads as follows: 1180. Basic rule and maximum limits. (d) 1. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other than school speed limits, have been established as authorized in sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred twenty-three, sixteen hundred twenty-seven, sixteen hundred thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy, no person shall drive in excess of such maximum speed limits at any time.
Clients always ask how many points will they get if they plead guilty or are found guilty. The answer is, it depends. Non-speed violations that contain points have a specific amount of points assigned to them whereas points for speeding under 1180(d) depend on how fast the officer claims you were traveling. If you are alleged to have been travel 1-10 mph over the speed zone, the ticket has 3 points; 11-20 mph over the speed zone, the ticket has 4 points; 21-30 mph over the speed zone, the ticket has 6 points; 31-40 mph over the speed zone, the ticket has 8 points. And if you are alleged to have traveled 41 mph or greater over the speed zone, the ticket is 11 points.
You should know that there are several ways to attack these tickets: (1) procedural attacks that may result in a dismissal; (2) skillful cross examination of the officer at trial or (3) plea bargaining to secure no points or less points depending on the alleged speed, the circumstances of your stop and your background. All of these things matter when plea bargaining is being considered.
As I mention above, you may have several defenses to these charges that should be explored by a competent traffic lawyer. I have handled a multitude of these offenses both as a traffic prosecutor at 16 Cooper Street, Hempstead, for 8 years and as a defense attorney since 2008.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We also handle local ordinance violations including violations for renting a space without a rental permit. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton. We handle tickets in every Court in Nassau and Suffolk including Southampton Justice Court, East Hampton Justice Court, Westhampton Beach Court, Quogue Village Justice Court, Sag Harbor Village Court, Southold Town Court, Riverhead Justice Court, Head of the Harbor Village Court and Nissequogue Village Court.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
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