In November 2009, the New York State Legislature made it unlawful to send or receive text messages while driving. Although you will not receive any points on your license if convicted, you can be fined up to $150 for your first offense. Usually, however, you will not only receive a ticket for "TWD" due to the fact that you cannot be pulled over for "TWD." Instead, the police must have an entirely separate reason for stopping you.
If you have been charged with TWD in addition to another moving violation, you should contact an attorney to assit you with its resolution. Additionally, if you have been charged with a crime based upon being stopped for TWD, a challenge to the the stop and any evidence it might later reveal would be ripe ground for legal challenge.
If you have been charged with any offense whether criminal or a traffic ticket, call
Matthew C. Hugat 518-283-3288 for a free initial consultation
Friday, January 28, 2011
Wednesday, June 16, 2010
East Greenbush Town Court
East Greenbush Town Court is located in Rensselaer County at 225 Columbia Turnpike, East Greenbush New York. The court can be reached by telephone at 518-477-5412. The East Greenbush Town Court possesses jurisdiction over misdemeanors and traffic/speeding tickets that are charged within town limits. Typical cases include DWI/DWAI, Aggravated Unlicensed Operation (AUO), marijuana offenses, misdemeanors and speeding/traffic tickets.
Court is in session every Thursday at 5:30 p.m. and the Court officers are open Monday through Friday from 8:30 a.m. to 4:30 p.m.
View Larger Map
If you have been charged with a felony, misdemeanor, DWI, AUO, marijuana offense or a traffic/speeding ticket in the Town of North Greenbush, call Capital District Criminal Defense Attorney Matthew C. Hug, Esq. at (518) 283-3288.
Court is in session every Thursday at 5:30 p.m. and the Court officers are open Monday through Friday from 8:30 a.m. to 4:30 p.m.
View Larger Map
If you have been charged with a felony, misdemeanor, DWI, AUO, marijuana offense or a traffic/speeding ticket in the Town of North Greenbush, call Capital District Criminal Defense Attorney Matthew C. Hug, Esq. at (518) 283-3288.
Tuesday, May 18, 2010
The Driver Responsibility Assessment Program
In 2004, the NYS Legislature passed legislation creating the Driver Responsibility Assessment Program. This program is essentially an additional fine that attaches when:
1. You have been convicted of an alcohol-related traffic violation in New York
2. You have been convicted of a drug-related traffic violation in New York
3. You have been found, after a DMV hearing, to have refused a chemical test
4. You receive more than 6 points on your licensw within a period of 18 months
The DAP charges can get quite expensive. For instance, if you are placed in the DAP for either 1, 2 or 3 of the above list, the annual assessment is $250 per year for three years or a total of $750.
If you are placed in the DAP based upon points on your license, the annual assessment is $100 per year for the first six points and $25 per year for each point in excess of six. This assessment also lasts for three years.
If you have been charged with a speeding ticket, traffic ticket, DWI, or drug-related traffic violation, contact Matthew C. Hug, Esq. for a free initial consultation.
1. You have been convicted of an alcohol-related traffic violation in New York
2. You have been convicted of a drug-related traffic violation in New York
3. You have been found, after a DMV hearing, to have refused a chemical test
4. You receive more than 6 points on your licensw within a period of 18 months
The DAP charges can get quite expensive. For instance, if you are placed in the DAP for either 1, 2 or 3 of the above list, the annual assessment is $250 per year for three years or a total of $750.
If you are placed in the DAP based upon points on your license, the annual assessment is $100 per year for the first six points and $25 per year for each point in excess of six. This assessment also lasts for three years.
If you have been charged with a speeding ticket, traffic ticket, DWI, or drug-related traffic violation, contact Matthew C. Hug, Esq. for a free initial consultation.
Thursday, May 13, 2010
How are your Points Calculated?
If convicted of a moving violation, the DMV will assess points to your driver's license. The calculation of your point total only includes points received in the past 18 months. NOTE: that the DMV calculates your points based upon the date of the violation and not the date of your conviction.
Your convictions will remain on your driver's abstract after the 18 month time period. They are removed three years after the calendar year in which you were charged.
Your convictions will remain on your driver's abstract after the 18 month time period. They are removed three years after the calendar year in which you were charged.
Monday, May 10, 2010
Out-of-State Traffic Ticket Convictions and Your NY License
Often times I will receive calls about the effect of traffic ticket convictions from another state on your New York license.
The New York State Department of Motor Vehicles does not record violations committed by NY licensed drivers that occur in other states with a number of well-defined exceptions.
Exception No. 1: the NYS DMV does record out-of-state alcohol-related violations, drug-related violations and moving violations, such as speeding tickets, from Quebec and Ontario, Canada. Thus, if you are convicted of a moving violation in either Quebec or Ontario, it will be recorded on your New York Driver's Abstract and will be assessed points.
Exception No. 2: If you ignore a ticket issued out of another state or fail to pay a fine imposed by another state, the NYS DMV will suspend your NYS driver's license until the scoffs are resolved. There are six states, however, that do not share reciprocity in this regard: California, Michigan, Oregon, Wisconsin, Montana and Alaska.
The New York State Department of Motor Vehicles does not record violations committed by NY licensed drivers that occur in other states with a number of well-defined exceptions.
Exception No. 1: the NYS DMV does record out-of-state alcohol-related violations, drug-related violations and moving violations, such as speeding tickets, from Quebec and Ontario, Canada. Thus, if you are convicted of a moving violation in either Quebec or Ontario, it will be recorded on your New York Driver's Abstract and will be assessed points.
Exception No. 2: If you ignore a ticket issued out of another state or fail to pay a fine imposed by another state, the NYS DMV will suspend your NYS driver's license until the scoffs are resolved. There are six states, however, that do not share reciprocity in this regard: California, Michigan, Oregon, Wisconsin, Montana and Alaska.
Friday, April 30, 2010
Traffic Ticket Annotated
This is a traffic ticket issued by the NYS Police
This is a closer view of the upper left hand portion of the ticket.
As you can see, this section details your "pedigree" information, such as your name, address, date of birth, driver's license number and informatio about the vehicle you were driving when you were stopped. Although blocked out, the large black-out at the top of the ticket is your ticket number, sometimes referred to as the "UTT" number.
Just below the pedigree information, in the middle third of the left-hand column is the charge.
In this section, you will find the section of the Vehicle and Traffic Law you are alleged to have violated. Here, you will find basic details of the offfense, including the date and time, the location of the offense, the V & T section, if a speeding ticket, the speed you are alleged to have been travelling. The section also includes the name of the officer that ticketed you.
The next section is the final third of the left-hand column and informs you of the local court where you will appear and the date for your initial appearance or arraignment.
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In the vast number of situations, you will be allowed to appear by mail. This means that you would fill out the right hand portion of the ticket and simply mail it into the court listed in this section. For some charges, a personal appearance is required and thus, you are not allowed to simply mail the ticket in.
The right hand side of the ticket provides instructions for pleading by mail.
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Here, you are given the option of pleading guilty or not-guilty.
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After signing the appropriate portion of the ticket (either the guilty or not guilty) portion of the ticket, you mail it to the court listed at the bottom-left portion of the ticket. From time to time, I am asked about the "48 hour" command under the not guilty plea by mail section. While certainly good practice to get the plea in by that time, I have not yet seen an individual suffer a consequence for failing to mail in the not guilty plea within 48 hours of the offense. That does not mean that consequences do not follow, I just have not seen any. With that said, it is of critical importance that you enter a plea before the date listed on the lower left-hand side of the ticket. There are three ways to do so: mail in the ticket (be sure to make a photocopy first), appear in person or, retain an attorney to appear on your behalf.
If you have received a traffic ticket, please call Matthew C. Hug at (518) 283-3288 for a free initial consultation.
This is a closer view of the upper left hand portion of the ticket.
As you can see, this section details your "pedigree" information, such as your name, address, date of birth, driver's license number and informatio about the vehicle you were driving when you were stopped. Although blocked out, the large black-out at the top of the ticket is your ticket number, sometimes referred to as the "UTT" number.
Just below the pedigree information, in the middle third of the left-hand column is the charge.
In this section, you will find the section of the Vehicle and Traffic Law you are alleged to have violated. Here, you will find basic details of the offfense, including the date and time, the location of the offense, the V & T section, if a speeding ticket, the speed you are alleged to have been travelling. The section also includes the name of the officer that ticketed you.
The next section is the final third of the left-hand column and informs you of the local court where you will appear and the date for your initial appearance or arraignment.
.jpg)
In the vast number of situations, you will be allowed to appear by mail. This means that you would fill out the right hand portion of the ticket and simply mail it into the court listed in this section. For some charges, a personal appearance is required and thus, you are not allowed to simply mail the ticket in.
The right hand side of the ticket provides instructions for pleading by mail.
.jpg)
Here, you are given the option of pleading guilty or not-guilty.
.jpg)
.jpg)
After signing the appropriate portion of the ticket (either the guilty or not guilty) portion of the ticket, you mail it to the court listed at the bottom-left portion of the ticket. From time to time, I am asked about the "48 hour" command under the not guilty plea by mail section. While certainly good practice to get the plea in by that time, I have not yet seen an individual suffer a consequence for failing to mail in the not guilty plea within 48 hours of the offense. That does not mean that consequences do not follow, I just have not seen any. With that said, it is of critical importance that you enter a plea before the date listed on the lower left-hand side of the ticket. There are three ways to do so: mail in the ticket (be sure to make a photocopy first), appear in person or, retain an attorney to appear on your behalf.
If you have received a traffic ticket, please call Matthew C. Hug at (518) 283-3288 for a free initial consultation.
North Greenbush Town Court
North Greenbush Town Court is located in Rensselaer County at 2 Douglas Street, Wynantskill, New York. The court can be reached by telephone at 518-286-2336. The North Greenbush Town Court possesses jurisdiction over misdemeanors and traffic/speeding tickets that are charged within town limits. Typical cases include DWI/DWAI, Aggravated Unlicensed Operation (AUO), marijuana offenses, misdemeanors and speeding/traffic tickets.
Court is in session every Tuesday at 5:30 p.m. and the Court officers are open Monday through Thursday from 8:30 a.m. to 4:30 p.m. and Fridays from 8:30 a.m. to 11:00 a.m.
If you have been charged with a felony, misdemeanor, DWI, AUO, marijuana offense or a traffic/speeding ticket in the Town of North Greenbush, call Matthew C. Hug, Esq. at (518) 283-3288.
Court is in session every Tuesday at 5:30 p.m. and the Court officers are open Monday through Thursday from 8:30 a.m. to 4:30 p.m. and Fridays from 8:30 a.m. to 11:00 a.m.
If you have been charged with a felony, misdemeanor, DWI, AUO, marijuana offense or a traffic/speeding ticket in the Town of North Greenbush, call Matthew C. Hug, Esq. at (518) 283-3288.
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