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Binghamton Criminal Defense Law Blog

New York's 'move over' law: What every driver should know

If you intend to drive anywhere in the state of New York, you need to be aware of the "Move Over" law.

In essence, the law requires motorists to be extra cautious when an emergency vehicle or maintenance vehicle (including a sanitation truck) is stopped by the side of the road or on the shoulder with flashing lights. Moving vehicles are required to slow down and move over one lane away from the stopped vehicle -- whether it is on the right or left -- unless doing so would be unsafe or violate other traffic laws.

Hazing continues to be a problem for schools

As the school season revs up at universities and colleges all across the nation, another seasonal event will soon follow: pledge week.

That's the week that fraternities and sororities indoctrinate their new pledges into "Greek" life -- putting them through a series of challenges that are designed to build a sense of community and weed out those less serious about joining.

How much trouble can you get into over a fake ID?

Many people think a fake ID is pretty harmless. After all, a lot of today's college students probably grew up hearing stories about their parents using fake IDs to sneak into bars back when they were in school.

Unfortunately, the law doesn't consider fake IDs to be "harmless" in any way -- and a lot has changed in the way that the police tend to approach the situation. Instead of merely having your ID confiscated, you're likely to face serious criminal charges that can alter your life significantly -- and a school disciplinary hearing!

What is Leandra's Law?

Leandra's Law was signed nearly nine years ago, which strengthened penalties for drinking and driving in New York. The law, sometimes known as the Child Passenger Protection Act, was proposed after Leandra Rosado, an 11-year-old girl, was killed on the Henry Hudson Parkway while she rode in a vehicle with a friend's mother, who was intoxicated behind the wheel.

Below is a look at the different aspects of Leandra's Law and how they have impacted penalties since the law's passage.

Is an Ignition Interlock Device In Your Future?

If you face charges of driving while intoxicated (DWI) in New York, the consequences can be severe.

One of the punishments that can affect even some first-time offenders is installation of an Ignition Interlock Device (IID) in your vehicle. When this instrument is installed, it requires that you to take a breath test whenever you get behind the wheel. If the alcohol level is too high, your vehicle won't start.

'Affluenza' teen released on probation after serving time

Ethan Couch, the teenager whose name became synonymous with the excesses of privilege and wealth, has recently been released from prison after almost two years in custody.

Couch, who is now aged 20, first came to national attention when he was just 16-years-old. While driving drunk with a car full of his friends, he hit a group of people standing by the road, killing four of them. In addition, one of his passengers suffered paralysis and brain damage as a result of the accident.

Don't rush to accept a plea deal on a shoplifting charge

Have you been charged with shoplifting? Are you tempted to take a plea deal because it guarantees you a fine and nothing more?

The offer to just "get things over with" certainly seems to be attractive, and a fine seems easy to live with (especially when you're scared and feel threatened with up to a year in jail if you lose at trial).

How can I fight a traffic ticket in New York?

If you have ever been stopped for speeding or breaking some other rule of the road, you know what happens next. How will I afford it? Did I really do it? Can I fight it? The answer to the last question is always yes.

Traffic crimes may be subjective, and New York State's counties and towns all offer a way to fight these charges. An attorney may help represent your interests against charges of speeding, driving with a cell phone, work zone violations and more.

  • What court deals with moving violations?

The real impact of getting traffic tickets

It is a situation we all fear, at least on some level. You are driving to work, and a police officer pulls you over. He walks up to your vehicle. You roll down the window. He asks, “Do you know how fast you were driving?”

The best thing to do is to avoid this situation by following all traffic laws. That being said, we all make mistakes, and it is better to be prepared. Here’s a few things that you should know about traffic tickets – and how to fight them.

Drunk driving in New York is not as simple as it seems

Summer seems in full swing up and down the East Coast, and good weather brings more people out onto the roads for sunshine and relaxation. Warm weather also makes it more stylish and enjoyable to have a few drinks, and there are many laws that keep this activity away from the roads.

New York and all other states make it illegal to drive while drinking or while drunk. Some states, including New York and nearby Connecticut, make a legal distinction between driving while ability impaired (DWAI) and driving while intoxicated (DWI).

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