Last Updated on: 27th July 2023, 04:34 pm

Protect Your Rights: Understanding Vehicular and Traffic Crimes in New York

If you’re a driver in New York, it’s important to understand that traffic violations can result in serious consequences. From losing your driving privileges to facing criminal charges, any traffic violation has the potential to drastically impact your life. At Spodek Law Group, our experienced attorneys, led by Todd Spodek, are committed to defending your rights and protecting your future.

Understanding Vehicular and Traffic Crimes in New York
New York Vehicular and Traffic crimes can range from minor misdemeanors to felony charges that can result in hefty fines and even imprisonment. In fact, a conviction for some of the most severe charges can lead to imprisonment “upstate.” Don’t underestimate the severity and potential consequences of violating the New York Vehicle and Traffic Law (VTL). Whether you received a pink summons, a white Desk Appearance Ticket (DAT), or a “regular” arrest in New York City, it’s important to understand the very real consequences that come with these charges.

New York City Desk Appearance Tickets
New York Vehicle and Traffic Crime and Misdemeanor Information
Appearance tickets and arrests throughout Manhattan, Brooklyn, Queens, the Bronx, and the Hudson Valley can have serious ramifications. Failing to appear in court or to return on these criminal citations, summons, and DATs could result in both a judge’s wrath and a bench warrant mandating immediate arrest. Whether you forgot to pay an old summons, were unaware of the suspension of your driving license by the DMV, are accused of failing to report an accident and left the scene, or failed to yield to a pedestrian, New York VTL crimes are permanent upon conviction. The consequences of a conviction can be long-lasting and irreversible.

Vehicle and Traffic Law 511: Aggravated Unlicensed Operation of a Vehicle
Vehicle and Traffic Law 600: Leaving the Scene of an Accident without Reporting
NYC Administrative Code 19-190: Right of Way Law and Failure to Yield
Vehicle and Traffic Law 1192: Driving While Intoxicated and Ability Impaired
Vehicle and Traffic Law 1212: Reckless Driving
The most common criminal and misdemeanor offenses in New York vary depending on the alleged conduct while driving, whether it’s a car, motorcycle, truck, or any other vehicle. These offenses include varying degrees of NY VTL 511, Aggravated Unlicensed Operation of a Motor Vehicle, NY VTL 600, Leaving the Scene of an Incident without Reporting, NYC Administrative Code 19-190, Failure to Yield to a Pedestrian or Bicyclist and Exercise Due Care, NY VTL 1212, Reckless Driving, and NY VTL 1192, DWI and DWAI. Keep in mind that none of these crimes are codified in the New York Penal Law, but they are violations or misdemeanors with the potential, depending on the evidence, for the local District Attorney to raise the degree or level of the crime to a felony.

Defending Your Rights
Just like any other arrest in New York, the police need probable cause. Whether you are given an appearance ticket, a DAT, or not, your criminal defense lawyer will have the right to challenge the probable cause for your arrest, as well as the legal sufficiency of the complaint and charges against you, before a prosecutor can consider proving their case beyond a reasonable doubt. Your defense may be based on questions like:

• What was the basis for the stop of your vehicle?
• Were you operating the vehicle in question?
• If you were not arrested at the time of the violation, how can the police put you in that vehicle as the driver?
• Did you have knowledge you caused damage or injury to another person or property?
• Did the DMV mail notices and summonses to your correct address to properly advise you of your suspension?
• Did you in fact fail to exercise due care, and did the other party legally have the right of way?
• Were you driving recklessly as a matter of law, or was this a conclusory opinion based solely on speed?

There are countless factors that will likely come into play from the time of your arrest or summons to your arraignment and prosecution for a New York VTL case. The evidence you face will all have a direct impact on the strength or weakness of not only your defense but also the District Attorney’s prosecution.

Immigration and Other Consequences It’s important to note that a criminal conviction for a VTL crime or offense can have serious immigration consequences, among other potential long-term effects. At Spodek Law Group, we understand the gravity of these charges and their potential impact on your life. That’s why our experienced criminal defense attorneys, led by Todd Spodek, are here to help you understand your rights, build a strong defense, and protect your future.

Contact Spodek Law Group If you’re facing VTL charges, don’t wait to take action. Contact Spodek Law Group today to schedule a free consultation. We’ll help you understand your legal rights, explore your options, and build a strong defense to protect your future. With our experience, knowledge, and advocacy, we can help minimize the direct and collateral consequences of your VTL summons or arrest and put you in the best position to maintain your right to drive.

Sources:

• New York State Department of Motor Vehicles: Traffic Violations Bureau
• New York State Senate: Laws of New York
• New York City Department of Transportation: Vision Zero