Archive for January, 2011
New NY driving law to protect emergency workers Thursday, January 13th, 2011
Effective Jan 1, 2010, all motorists approaching a parked authorized emergency vehicle with emergency lights flashing are required to “move over” or “slow down” on all highways and roadways in New York State.
The law is known as the “Ambrose-Searles Move Over Act.”
If convicted in NY, the violation will carry two points.
The NY State Senate offers the following points as the justification for the new law:
- It is enacted to protect emergency personnel and emergency vehicles that are parked on highways or roadways in the performance of their duties
- New York State Trooper Robert Ambrose was fatally injured during a routine traffic stop on the New York State Thruway in Yonkers, New York on December 23, 2002.
- Onondaga County Deputy Sheriff Glenn M. Searles was assisting a motorist whose vehicle had gone off the highway when a second car lost control and struck Deputy Searles, fatally pinning him against his patrol car on November 29, 2003.
- Motorists must be aware that the presence of a police or other emergency vehicle indicates a potentially dangerous situation.
Drivers should keep the following in mind:
- Be careful when approaching an emergency vehicle with emergency lights flashing.
- Reduce speed when approaching the emergency vehicle.
- When multiple lanes are available, move from the lane immediately adjacent to the emergency vehicle as soon as it’s safe to do so.
Submitted by NY traffic attorney Scott Feifer
Impending birth does not justify speeding Thursday, January 6th, 2011
A New Hampshire man racing to the hospital with his expecting wife was given both a police escort and a speeding ticket for driving 120 mph in a 55 mph zone.
When he first saw the officer behind him, he called 911 to let them know why he wasn’t pulling over. At that point, the pursuit turned into a police escort to the hospital.
Everyone got to the hospital on time. Six minutes later the baby was born. The officer congratulated the man and then handed him the ticket.
It may seem unfair, but it’s really not a bad ticket. Speeding is very rarely justified. This was an untrained driver in an unmarked vehicle without lights or sirens. While attempting to assist two people (mom and unborn baby) the driver was putting everyone else on the road in danger. Such actions are rarely justified by the law and it’s why this ticket won’t simply be thrown out based on a justification defense.
1. Leave enough time to get to the hospital if wife is having a baby.
2. Don’t expect to walk into court on speeding tickets with a “I was speeding but…” type of defense. The “but” part is very rarely legitimate and the whole thing just turns into an admission of guilty in the eyes of the Judge.
Submitted by Scott Feifer, NY speeding ticket lawyer.
Dekalb County error resulting in double billing for Georgia traffic tickets Monday, January 3rd, 2011
People who previously paid a Dekalb County traffic ticket years ago are getting notices in the mail that money is due and they need to pay again. No one is sure what went wrong, but based on the number of people complaining about getting billed for an already settled matter, clearly something is off.
One woman detailed her experience–she was arrested during a routine car stop on an unrelated infraction when the officer’s search showed a failure to appear and handle the previously closed and paid for summons. Luckily, she had all her paperwork to prove this was clearly the county’s error.
Not everyone will be so fortunate. Many paid and won’t be able to prove it and the county is going to really have a tough time determining what is a legitimate overdue matter and what is merely an error.
This is exactly why people should hold on to their receipts and proof the matter was closed. You never know what may pop up in the future. Assume nothing when it comes to matters such as these.