The Value of Hiring a Traffic Violations Defense Attorney
Hiring a traffic violations defense attorney to handle a ticket may have been considered a waste of money back in the day, but here’s what has changed since then.
Traffic school, and therefore ticket dismissal, was available for the asking. But the state recently changed the traffic school eligibility rules. Therefore, this option might not be available, even if the defendant is a first-time offender.
The state also recently changed the drivers’ license points rules on a related note. The common infractions listed below are typically five-point offenses. Moreover, a single speeding ticket could be an eleven-point offense.
Additionally, traffic school is usually unavailable for subsequent offenders. Traffic law enforcement is very aggressive in western New York, especially during holidays and other specific times. So, there are a lot of repeat offenders in Monroe County.
Because of this environment, if you got a traffic ticket, a Rochester traffic violations defense attorney probably needs to handle the matter. Tickets in 2022 are a lot more complex than they were in 2002. A partnership with a traffic violations defense attorney in Rochester has other advantages. For example, many courts don’t require defendants with lawyers to appear at preliminary hearings.
Disregarding a Traffic Control Device
Since the dawn of time, motorists have treated stop signs like yield signs. Rolling right turns on red, the infamous California stop, are common as well. If officers witness such infractions, they sometimes let people off with warnings. But most police departments have quota systems, at least informally. As a result, many officers, especially those vying for promotions, aggressively write people up.
According to the New York Traffic Code, the vehicle’s wheels must stop moving at a red light stop sign. The Code doesn’t say how long that pause must last. It could be a millisecond. Because of traffic conditions and viewing angles, many officers cannot see if the vehicle’s wheels stopped turning.
In 2012, a physics professor at the University of California at San Diego wrote a four-page treatise on this subject and presented his paper to the judge. As a result, the judge threw out the ticket.
You do not need to be a physics teacher to use this defense. The state has the burden of proof on this point. A Rochester traffic violations defense attorney does not need to prove a defendant’s innocence. Attorneys must simply undermine the state’s evidence.
Using a Device While Driving
New York has a primary enforcement hands-free law. If officers believe motorists are using devices while driving, they may pull them over and issue tickets. That’s one of the broadest hands-free laws in the country.
Pulling over a driver for breaking this law is one thing. Proving the violation in court is another thing entirely. It is not illegal to look at a device while driving. The state must prove that the device was on at the time. This proof usually requires the device use log. Very few prosecutors go to the trouble of subpoenaing these records, authenticating them, and presenting them in court.
Speeding Ticket Help
Speeding citations account for a third of all traffic tickets in Monroe County. Due to the aforementioned traffic school rule changes, this option is usually unavailable in these cases. Fortunately, several defenses are available.
The manner of enforcement is usually the best defense in a speeding ticket case. Generally, officers use one of three tools to gauge vehicle speed:
Laser: The officer aims a laser beam at a license plate, and the laser beam calculates the vehicle’s speed. Fortunately, laser enforcement is relatively rare. These tickets are hard to beat in court.
RADAR: This acronym stands for RAdio Detection And Ranging. A gun fires radio beams at an object. The bounce-back speed determines vehicle speed. These guns are imprecise. If an officer aims a RADAR gun at a cluster of vehicles, the results prove one of them was speeding. The results don’t prove which one was speeding. Additionally, RADAR guns are only accurate at very close range.
Pacing: Essentially, pacing means guessing another vehicle’s speed based on one’s own velocity. So, it’s challenging for a stationary officer to guess a moving vehicle’s velocity. Moreover, some muscle cars and other vehicles sound fast, even when they are not moving fast.
Ignorance of fact is another possible defense. Over time, trees and other objects often obscure speed limits and other warning signs over time. As a rule of thumb, if the sign is less than 50 percent visible to passing motorists, the traffic citation may not hold up in court.
Consult With a Traffic Violations Defense Attorney
A traffic ticket could mean big trouble in Monroe County. For a free consultation with an experienced Rochester traffic violations lawyer, contact the Law Office of Frank Ciardi. Convenient payment plans are available.
A Rochester criminal defense lawyer must thoroughly review your case and identify all possible defenses to avoid significant direct and collateral consequences for a criminal conviction in NY. An attorney can leverage these defenses at trial or during pretrial settlement negotiations. So, to have the best possible chance of avoiding negative consequences, your lawyer must be a skilled litigator as well as a good negotiator.
Direct Consequences of Criminal Conviction in NYS
Most defendants who are convicted of criminal offenses receive probation. That outcome has little or nothing to do with mercy. Usually, judges place defendants on probation because incarceration is expensive. Probation is much less costly. Additionally, probationers must pay supervision fees and other costs, which partially offset the expenses associated with such programs.
The length of the probation varies significantly in different cases. Usually, it’s a few months in a misdemeanor and a few years in a felony. During this time, defendants must comply with certain conditions, such as:
Avoiding further trouble with the law,
Reporting to a probation supervision officer,
Paying restitution, fines, supervision fees, and other obligations,
Working or attending school full time,
Avoiding “injurious” habits, and
Completing community service or other requirements.
Because of all these requirements, probation is not always the best sentencing option. It is not even available in a few severe felonies. Incarceration in a misdemeanor is usually a few weeks, and incarceration in a felony is usually a few years.
Indirect Consequences
The direct consequences of a criminal conviction usually are not that serious, and they end rather quickly. On the other hand, indirect consequences are often quite severe and often last a lifetime.
A criminal record is perhaps the most severe indirect consequence. Many employers and other searchers only take notice of less than ten years old records. But a criminal conviction never falls off a permanent record, even if the defendant was a juvenile and turned 18 or 21.
Criminal records often make it challenging to find a nice place to live or get a good job. Criminal records also often affect student financial aid packages, involving significant social stigmas. These things are particularly true with some kinds of criminal conviction records.
Certain offenses also have specific collateral consequences. For example, a DUI conviction usually includes an SR-22 requirement. Defendants must maintain this high-risk auto insurance, which generally costs about three times as much as standard auto insurance, for at least three years.
Minimizing Consequences of a Criminal Conviction in NY
Before, shortly after, and long after the judge’s gavel falls, a Rochester criminal defense lawyer can minimize, or even eliminate, these consequences.
Deferred disposition, a special form of probation, is usually available in most criminal cases. The judge sentences the defendant to probation but does not find the defendant guilty. If the defendant completes probation, the judge dismisses the case. That means no conviction record.
We mentioned probation length above. In many cases, the term could be much shorter. New York law gives judges broad discretion to modify the terms of probation, including the length of supervision. Some written and unwritten qualifications apply. Under the law, the requested termination must be in the best interests of society and the best interests of the defendant. Informally, most judges do not terminate probation unless the defendant has served at least half the term and has paid all fines and costs.
Finally, in 2017, New York lawmakers approved a record sealing law. After a ten-year waiting period expires, defendants may ask judges to seal their criminal records. Sealed records still exist, but they are invisible to most searchers, except for certain government and law enforcement officials.
The severe consequences associated with a criminal conviction in NY do not apply to everyone for all time. For a free consultation with an experienced Rochester defense lawyer, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
The War on Drugs, which began in the 1960s, probably peaked with the 1994 Crime Bill. The Violent Crime Control and Law Enforcement Act of 1994 gave law enforcement agencies broad powers to arrest people for drug possession and imposed harsh sentences on defendants convicted for controlled substance charges. In the 2010s, Congress rolled back many of the provisions in the 1994 Crime Bill, and former President Barack Obama pardoned several thousand people who, in his view, received unduly harsh sentences.
Although the War on Drugs has passed its peak, it is far from over. Police officers still arrest over a million people per year for drug offenses. Close to 90 percent of these arrests are for simple possession. Aggressive enforcement continues, but jurors are less likely to sanction such tactics. Because of the opioid epidemic, many people now see drug use as a health and safety issue.
Additionally, public support for police officers recently hit an all-time low. So, many jurors no longer give police officers the benefit of the doubt in court. Due to these changes, for the first time in a long time, a Rochester criminal defense attorney has an excellent opportunity to resolve controlled substance charges successfully. That’s especially true in larger jurisdictions like Monroe County, which have designated drug courts. The judges in these courts have a special understanding of the nature of drug addiction. Therefore, they are less willing to impose harsh penalties and more likely to be interested in rehabilitation.
Drug Schedules
New York’s drug laws are loosely based on the Drug Enforcement Administration’s controlled substances schedule. It breaks down controlled substances, which could be legal or illegal to purchase, as follows:
Schedule I: Most substances in this category, such as LSD, heroin, and methamphetamines, have a high potential for abuse and no medical use. Therefore, possession of these drugs, especially their distribution, is usually a serious felony.
Schedule II: Under federal law, most prescription pain pills, as well as cocaine and some other street drugs, are Schedule II substances. Per the DEA, these drugs are “potentially dangerous” because they have “a high potential for abuse, with use potentially leading to severe psychological or physical dependence.” Schedule II offenses are usually less serious felonies.
Schedule III: All drugs on the DEA schedule are legal to purchase from this point on. Some of them don’t even require prescriptions. Schedule III drugs include Tylenol with codeine, steroids, testosterone, and ketamine. These substances have a moderate risk of dependency and severe side effects.
Schedule IV: Low-risk drugs include most prescription antidepressants, like Xanax, and most prescription sleep aids, like Ambien. Curiously, unlawful possession of such medication usually is a felony, even though they are low-risk drugs.
Schedule V: Some over-the-counter drugs, primarily things like NyQuil and Robitussin, are on a store’s restricted list. Many retailers monitor and limit sales in these situations. These drugs could be dangerous. But they are more likely to be ingredients in more potent drugs.
Illegal street drugs, like cocaine or heroin, and prescription pain pills, like Vicodin and Oxycontin, are the most common types of drug arrests in New York.
Street drugs usually have amount-based penalties. The more drugs the defendant possessed, the higher the penalty. There is a presumption that anyone with a significant quantity of drugs is most likely a dealer. Furthermore, possession of even a tiny amount of these drugs is usually a felony.
Illegal prescription pain pills usually have substance-based penalties. The punishment typically depends on the type of pill instead of the quantity.
Possible Defenses for Controlled Substances Charges
Controlled substance charges typically involve procedural and substantive defenses.
Procedural defenses often involve an illegal search or seizure. Usually, police officers must have search warrants to seize contraband, like illicit drugs, weapons, or pornography. A narrow search warrant exception must apply if they do not have valid warrants. Prosecutors have the burden of proof to produce a valid warrant or show that an exception applied.
Substantive defenses often involve a lack of evidence concerning possession. In New York, possession means more than proximity. The state must also establish knowledge and control. And, prosecutors must prove these elements beyond a reasonable doubt.
Drug laws and drug law enforcement have moderated, but these things are still quite harsh. For a free consultation with an experienced Rochester defense lawyer, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
Vandalism charges in Rochester NY are a difficult offense to predict. Property defacements such as graffiti are civil matters. Once upon a time, police officers often intervened in civil disputes, such as for runaway spouses. But those days are long gone. In fact, many police departments do not respond to most fourth-degree criminal mischief complaints, especially if the estimated damage is less than $100.
On the other hand, vandalism is often an essential piece of the puzzle in New York. That’s especially true if the law enforcement department practices the controversial broken windows policing approach. According to this theory, aggressively preventing low-level criminal activity, like vandalism, loitering, and broken windows prevents more serious crimes. In the minds of many, the broken windows theory is closely associated with racial profiling.
Vandalism Charges – How a Rochester Criminal Defense Attorney Can Help
In either situation, a Rochester criminal defense lawyer makes a significant difference. If an attorney gets involved early, investigators who weren’t too serious to begin with will often give up. If the case goes to court, vandalism is usually much more severe in New York than in other states. Most forms of criminal mischief (including vandalism) are felonies in the Empire State.
Elements of the Offense
There are four levels of criminal mischief in New York. These laws are in Section 145 of the New York Penal Law.
Fourth Degree: It is a Class A misdemeanor to intentionally damage property, regardless of its value, or to recklessly damage property valued at more than $250. Usually, “intentionally” means not accidentally, and “recklessly” is just short of maliciously. It’s also a crime to interfere with another person’s 9-1-1 call.
Third Degree: The most common form of vandalism is an E felony in New York. Section 145.05 applies if the defendant broke into a motor vehicle or damaged any property worth more than $250. Motor vehicle criminal mischief must include the intent to steal property. There is no mental state in the general property prohibition.
Second Degree and First Degree: We’ll combine these two since they are relatively rare. Second-degree criminal mischief (D felony) refers to intentionally damaging property valued at more than $1,500. First-degree criminal mischief (B felony) is damaging property with an explosive device.
All these infractions include the “of another” element. So, when the case goes to court, the state must produce the property’s owner or “any other person” who has “an interest in such property.”
Possible Defenses for Vandalism
Lack of evidence is usually the best defense to a criminal mischief charge. The specific issue is usually a complete lack of proof or a lack of credible evidence.
As mentioned, the property owner, or perhaps a store security guard or maintenance supervisor, must testify in court. Pretrial matters in a vandalism case could last up to a year. Over that time, many owners lose interest in the case and become uncooperative. Others move away, and prosecutors cannot subpoena them.
Lack of credible evidence could be an issue as well. Direct evidence, like eyewitness testimony or camera footage, is rare in these cases. So, the state must rely on circumstantial evidence. For example, if gang graffiti appears on a wall, it’s almost impossible to prove which gang member tagged the wall.
Several resolutions are available because of these evidence problems and because vandalism is a nonviolent crime. These possibilities often include deferred prosecution and deferred disposition. Deferred prosecution is a pretrial dismissal of charges. Alternatively, a deferred disposition is a post-judgment dismissal. Both these programs have some eligibility requirements.
Criminal mischief is usually a severe offense in New York. For a free consultation about vandalism charges in Rochester NY, contact the Law Office of Frank Ciardi. Home, after-hours, and jail visits are available.
During the NFL Playoffs, you’ll want a Rochester DUI defense lawyer on your roster. Here’s why: the National Highway Traffic Safety Administration’s annual DUI enforcement campaign, Drive Sober or Get Pulled Over1, will be in full swing during February.
Keep a DUI Defense Lawyer in Mind After the Super Bowl
As the 2021 NFL season winds down, many teams have a realistic shot at the Super Bowl. Therefore, as the playoffs begin, many local fans will drown their sorrows or celebrate intensely depending on the outcome of each game. As outlined below, Rochester DUI lawyers have several options when these cases go to court.
During Selective Traffic Enforcement Programs (STEP campaigns), departments redeploy officers to certain parts of town and instruct them to issue lots of DUI or other citations. Grant money covers officer overtime and other expenses. So, many departments, and thus many individual officers, feel extra pressure to issue such citations.
Authorities aren’t just more aggressive in the field during STEP campaigns. They’re also more aggressive in the courtroom. Prosecutors vigorously pursue DUI cases, even if the evidence is weak. The state has almost unlimited resources in these cases. Only an aggressive Rochester DUI defense lawyer can level the playing field in most cases. Usually, there are three critical points in a Super Bowl DUI matter.
1. Reasonable Suspicion for a Stop
Outside STEP campaigns, this portion of a DUI case is usually straightforward. Ordinarily, officers pull over motorists for objective reasons, like an expired tag or speeding. Then, they look for evidence of intoxication, like slow reflexes.
During STEP campaigns, officers often reverse this process. First, they look for evidence of intoxication, such as weaving inside a lane or driving far below the posted limit. Then, they follow the motorist until s/he commits a traffic violation. These low-speed pursuits usually don’t last long. Most people cannot travel more than three or four blocks without committing at least one such infraction.
Most jurors supported such pretext traffic stops back in the day – as long as officers did nothing overtly illegal. Today, many jurors have different attitudes. If officers follow drivers for several blocks, jurors often think they are unfairly targeting them.
Legally, reasonable suspicion is basically an evidence-based hunch. That’s different from a hunch based on evidence, a subtle but significant distinction. Criminal cases are often won or lost based on such subtle details.
2. Probable Cause for an Arrest
Police officers often take shortcuts during these STEP campaigns as well. Information about alcohol consumption, such as the famous “I only had a couple of beers” line, don’t establish intoxication. Instead, officers typically use the walking-a-straight-line test and the other Field Sobriety Tests.
The defendant’s performance on these tests usually is irrelevant, at least at this juncture. Officers invariably testify that the defendant “failed” the tests, even if they performed them almost flawlessly.
Evidence issues often arise if the officer skips the tests. Officers commonly take this shortcut during STEP campaigns. After one or two tests, officers often stop to make arrests faster and get back out on the street.
Probable cause is a relatively high standard. Poor performance on one test, as opposed to the entire three-test battery, might be insufficient. That’s especially true if the test was an unapproved one, like the reciting-the-ABCs test or the finger-to-nose test.
3. Beyond a Reasonable Doubt in Court
About 80 percent of New York DUIs involve chemical tests. From a technical standpoint, high enforcement campaigns during the winter months are very hard on Breathalyzers. So, this evidence is weaker than usual.
Modern Breathalyzers are very touchy devices. The more use they get, the more maintenance they need.
Frequently, law enforcement agencies don’t adjust their Breathalyzer maintenance schedule to account for this uptick.
Additionally, Breathalyzers are temperature sensitive. This sensitivity includes the air temperature and the subject’s body temperature. The air temperature in New York often drops rapidly, especially around sundown. As for body temperature, every one-degree increase usually increases BAC levels by about 8 percent. Temperature and calibration issues are critical in .08, .09, and other borderline BAC cases.
Our Rochester DUI Defense Lawyers Are Here For You
Enjoy the Super Bowl and be safe this year. For a free consultation with an experienced Rochester DUI defense lawyer, contact the Law Office of Frank Ciardi. Home, after-hours, and jail visits are available.
Criminal defendants in New York never got a second chance for many years. A criminal conviction was a permanent addition to your permanent record. Things are different today, at least to an extent. After a substantial waiting period, most former defendants are eligible for help with expungement through record sealing.
In a nutshell, expungement deletes all law enforcement and judicial records relating to a particular offense. It’s like it never happened. Sealing preserves the records but hides them from public view. If employers, landlords, or pretty much anyone else inquires about prior criminal convictions, defendants with sealed records can legally check the “none” box. Only law enforcement agencies, courts, and employers who require workers to carry firearms can view sealed records.
Record sealing is just one of the options available to a Rochester expungement attorney. Criminal convictions weigh people down in many ways. If you have a stain on your permanent record or are afraid of getting one, you owe it to yourself and your family to thoroughly investigate all possible options, including getting an attorney’s help.
Pre-Judgment Expunction
Frequently, the best way to handle any problem is to take the bull by the horns. That’s usually true in this context. Proactive pre-judgment expunction eliminates the need for more complex post-judgment options.
Monroe County has an extensive pretrial diversion program. As the name implies, the ATI (Alternatives to Incarceration) initiative aims to keep defendants out of jail and, if possible, off the probation rolls. In general, ATI programs stress rehabilitation and treatment instead of retribution and punishment.
Even some DUI offenders, most nonviolent offenders are eligible for standard pretrial diversion. Program requirements vary in different courts. Generally, the defendant has about six months to perform community service, pay restitution, and complete self-improvement courses. If the defendant jumps through all the hoops, prosecutors often dismiss the case.
On a related note, alcohol and drug treatment is an ATI option in many DUI and drug possession cases in Monroe County.
Prosecutors are especially willing to offer pretrial diversion if a defense is available. ATI disposition eliminates the conviction record, but the arrest record remains. However, most people know there is a big difference between an arrest and conviction. So, they only care about conviction records.
Post-Judgement Expunction
Most nonviolent and non-sexual offenders are eligible for statutory record sealing. The specific requirements are:
The 10-year waiting period has elapsed,
No new convictions during that period,
No currently pending cases,
Fewer than two convictions on your record, only one of which can be a felony, and
No more than one prior record sealing.
The judge will dismiss the application out of hand if the defendant doesn’t meet all these qualifications or other technical errors on the petition. There are no exceptions. At a subsequent hearing, the judge must consider several factors before granting the petition, such as:
Effect on rehabilitation and re-entry into society,
Any statements made by the alleged victim,
Impact of the petition on public confidence in the justice system,
Independent rehabilitation efforts (e.g., getting a job or finishing school),
The severity of the offense,
Any extenuating circumstances, and
Amount of time that has elapsed since the conviction.
The prosecutor’s agreement, or lack thereof, is often crucial in these matters. If the state endorses the petition or does not oppose it, a Rochester expungement attorney can usually convince the judge to grant it.
Executive Pardons
Most recent Presidents granted about 10 percent of the pardon applications they received. So, although the odds of success are slim, they are a lot better than winning the lotto. A pardon is usually like an expungement. An executive pardon from the governor (state offense) or the president (federal offense) essentially destroys all relevant records.
Furthermore, executive pardons have no limits or eligibility requirements. Anyone can request one at any time.
Timing, presentation, and a hook are often the keys to success in this area. Most governors are more likely to issue pardons as their terms expire, and they would not face much backlash. As for presentation, a Rochester expungement lawyer usually needs to direct the petition to a chief of staff or someone sure to read and forward it. The governor is more likely to grant the request if it jives with the person’s political agenda. For example, Barack Obama pardoned thousands of people sentenced under harsh 1980s and 1990s drug laws.1
Our Experienced Law Office Will Help You With Expungement
A brush with the law does not always stain your permanent record. For a free consultation with an experienced Rochester expungement lawyer, contact the Law Office of Frank Ciardi. Convenient payment plans are available.
