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Traffic Defense Articles

New York Vehicle and Traffic Law §1193

§ 1193. Sanctions 1. Criminal penalties. (a) Driving while ability impaired. A violation of subdivision one of section eleven hundred ninety-two of this article shall be a traffic infraction and shall be punishable by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. A person who operates a vehicle in violation of such subdivision after having been convicted of a violation of any subdivision of section eleven hundred ninety-two of...

New York Vehicle and Traffic Law §1198

§ 1198. Installation and operation of ignition interlock devices <[Deemed repealed Sept. 1, 2013 pursuant to L.1988, c. 713, § 6]>   1. Applicability. The provisions of this section shall apply throughout the state to each person required or otherwise ordered by a court as a condition of probation or conditional discharge to install and operate an ignition interlock device in any vehicle which he or she owns or operates. 2. Requirements. (a) In addition to any other penalties prescribed by law, the court shall require that any person who has been convicted of...

New York Penal Law §65.00

§ 65.00 Sentence of probation 1. Criteria. (a) Except as otherwise required by section 60.04 or 60.05 of this title, and except as provided by paragraph (b) hereof, the court may sentence a person to a period of probation upon conviction of any crime if the court, having regard to the nature and circumstances of the crime and to the history, character and condition of the defendant, is of the opinion that: (i) Institutional confinement for the term authorized by law of the defendant is or may not be necessary for the protection of the public; (ii) the defendant is in need of...

New York Vehicle and Traffic Law §1196

§ 1196. Alcohol and drug rehabilitation program 1. Program establishment. There is hereby established an alcohol and drug rehabilitation program within the department of motor vehicles. The commissioner shall establish, by regulation, the instructional and rehabilitative aspects of the program. Such program shall consist of at least fifteen hours and include, but need not be limited to, classroom instruction in areas deemed suitable by the commissioner. No person shall be required to attend or participate in such program or any aspect thereof for a period exceeding eight months except...

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New York Vehicle and Traffic Law §1197

§ 1197. Special traffic options program for driving while intoxicated “The program”, as used in this section, shall mean the special traffic options program for driving while intoxicated, a program established pursuant to this section, and approved by the commissioner of motor vehicles.   1. Program establishment.   (a) Where a county establishes a special traffic options program for driving while intoxicated, pursuant to this section, it shall receive fines and forfeitures collected by any court, judge, magistrate or other officer within that county...

New York Vehicle and Traffic Law §1194

§ 1194. Arrest and testing   1. Arrest and field testing. (a) Arrest. Notwithstanding the provisions of section 140.10 of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a violation of subdivision one of section eleven hundred ninety-two of this article, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officer's presence, when the officer has reasonable cause to believe that the violation was committed by such person. (b) Field testing....

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NY VTL § 1199. Driver responsibility assessment

The fine, in addition to the others from the court, imposed by the NY DMV for for having points DWI convictions. $750 total or $250 per year for 3 years.

New York Vehicle and Traffic Law §1198-a

§ 1198-a. Special procedures and disposition involving alcohol and substance abuse assessment and treatment 1. Definitions. For purposes of this section, the following terms shall have the following meanings: (a) “Alcohol and substance abuse professional” shall mean persons credentialed by the office of alcoholism and substance abuse services to provide alcohol and substance abuse services pursuant to the mental hygiene law and persons licensed by the state education department in an appropriate health field, including licensed clinical social worker, licensed master social worker...

New York Vehicle and Traffic Law §1192

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs   1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.   2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven...

New York Vehicle and Traffic Law §1195

§ 1195. Chemical test evidence 1. Admissibility. Upon the trial of any action or proceeding arising out of actions alleged to have been committed by any person arrested for a violation of any subdivision of section eleven hundred ninety-two of this article, the court shall admit evidence of the amount of alcohol or drugs in the defendant's blood as shown by a test administered pursuant to the provisions of section eleven hundred ninety-four of this article.   2. Probative value. The following effect shall be given to evidence of blood-alcohol content, as determined by such tests, of a...

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My Husband and I received 3 moving violations between the 2 of us, within a month. All were reduced to 0 point non moving violations. My husband has a horrible driving record and would have lost his license without the help of Mr. Azria. He is the only attorney i trust with my traffic tickets. Over the past year and a half he has successfully handled 4 tickets for my family. Excellent!

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