The latest Supreme Court decision of Maryland v. King has brought many questions from our clients, friends, and collogues in regards to what the ruling means for New York residents. Our response to these numerous inquires is as follows:
DNA testing has been commonly collected for those convicted of a crime. In fact, All 50 states require DNA collection of those convicted a felony. In addition, New York has passed a bill that will allow police to collect DNA from anyone convicted of a crime (felony or misdemeanor) within the state, including those convicted of DWI.
In recent years some states...
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Many clients have enjoyed having their moving violation tickets reduced to a no-point non-moving parking violation. The parking violations do not show up on their abstract, the maximum fine could be as little as $0, and there was no mandatory surcharge. That is set to change.
Beginning Saturday, July 27, 2013, New York State Courts will begin assessing a mandatory state surcharge to any plea under Vehicle and Traffic Law sections 1200, 1201, and 1202 that apply to parking violations. The good news…the new mandatory surcharge for the parking convictions is only $25.
The state...
New York State and Canadian Provinces Have Close Relationship
Ontario and Québec keep track of Canadian driving violations with a demerit system similar to New York State's point system.
Under a special agreement, Ontario and Québec share information with New York State about traffic violations and transfer points and demerits between countries.
For example, an Ontario driver convicted of a speeding ticket in New York State will be assessed demerit points as if the conviction had occurred in Ontario.
Ontario demerits for speeding violations:
6 demerits for exceeding...
§ 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se
No person under the age of twenty-one shall operate a motor vehicle after having consumed alcohol as defined in this section. For purposes of this section, a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum 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...
§ 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...
§ 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...
§ 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...
§ 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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§ 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...
§ 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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