New York Vehicle and Traffic Crimes and Misdemeanors
New York Vehicular and Traffic crimes run the gamut. From misdemeanor and felony arrests to punishment ranging from points and fines to incarceration in jail. In fact, in the worst cases, a conviction can lead to imprisonment “upstate.” Have no misgivings about the severity and consequences of violating the New York Vehicle and Traffic Law (VTL). Whether by pinks summons, white Desk Appearance Ticket (DAT), or an otherwise “regular” arrest in New York City, there are very real consequences that you must explore with your VTL lawyer and criminal defense attorney.
- New York City Desk Appearance Tickets
- New York Vehicle and Traffic Crime and Misdemeanor Information
Far more than a mere traffic ticket, appearance tickets and arrests in Manhattan, Brooklyn, Queens, Bronx, and municipalities throughout the Hudson Valley from Yonkers, White Plains, New City, Poughkeepsie, Brewster to all those in between, cannot be ignored. Should you fail to appear in or return to court on these criminal citations, summons and DATs, you face both a judge’s ire and a bench warrant mandating your immediate arrest. Whether you mistakenly forgot to pay an old summons and you were unaware of the suspension placed on your license to drive by the DMV, you are accused of failing to report an accident and left the scene, or you failed to exercise due care and yield to a pedestrian, New York VTL crimes are permanent upon conviction. Know that without a shadow of a doubt the conviction you sustain today will not merely be a long term issue, but one that has irreversible consequences.
- 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
Depending on your alleged conduct while driving your car, motorcycle, truck or any vehicle in New York, or for that matter, only “operating” the same, the most common criminal and misdemeanor 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. Again, none of these crimes are codified in the New York Penal Law, but each of these offenses 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.Important VTL Criminal Issues to Consider and Defenses
Just like any other arrest in New York, the police need probable cause. Whether you are given an appearance ticket, aka, DAT, or not, your criminal defense lawyer will have a right to both 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 his or her case beyond a reasonable doubt. Some questions that may be the basis of your defense to a New York VTL crime or offense include:
- What was the basis for the stop of your vehicle?
- Were you operating the vehicle in question and, 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 an injury to another person or property?
- Did the DMV mail notices and summonses to your correct address as to properly advise you of your suspension?
- Did you in fact fail to exercise due care and did the other party legally have a right of way?
- Were you driving recklessly as a matter of law or was this a conclusory opinion based, for example, solely on speed?
There are countless factors that will likely come into play at the time of your arrest or summons through your arraignment and prosecution for a New York VTL case. Clearly, the list above is fairly generic, but whether you made any admissions, if there are any videos, and the collective evidence you face will all have a direct impact on the strength or weakness not only of your defense, but the District Attorney’s prosecution.
It is worth repeating by your criminal lawyer as much as it is worth listening to as an accused. New York vehicle and traffic offenses, crimes and misdemeanors are no less serious than those same misdemeanor crimes found in the New York Penal Law. Punishment and sentences can involve jail, incarceration, fines, community services and even the suspension or revocation of your license to drive in the State of New York. Don’t let a misunderstanding, mistake or even an intentional wrongdoing leave you with a criminal record and the inability to drive in New York State.
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Contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC so they can utilize their collective experience, knowledge and advocacy to fend off criminal accusations, minimize the direct and collateral consequences of your VTL summons or arrest, and put you in the best place to maintain your right and ability to drive.
Call our New York criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.