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Traffic Court Forum

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By A. Craig Purcell, Esq.

In the ongoing battle against impaired driving, the stakes couldn’t be higher. With potent synthetic drugs flooding into our communities, state legislators are feeling the pressure to modernize existing laws and ensure that those who choose to drive under the influence face appropriate consequences.

One of the primary concerns among lawmakers is the outdated nature of the current list of illegal drugs outlined in public health law. Democratic Assemblyman Bill Magnarelli pointed out the glaring flaw, stating that the list can’t keep pace with the rapid influx of new drugs hitting the streets. And he’s not alone in his sentiment; Onondaga County District Attorney William Fitzpatrick echoed Magnarelli’s concerns, emphasizing the ease with which drug manufacturers can skirt legislation by altering chemical compositions overnight.

This legislative lag poses a significant challenge for law enforcement, making it increasingly difficult to prosecute impaired drivers effectively. As Magnarelli aptly said, “You can’t keep up with it.” This sentiment underscores what our legislature sees as an urgent need for updated legislation that can adapt to the ever-evolving landscape of drug abuse and impairment.

Thus, Assemblymen Magnarelli’s proposed bill seeks to overhaul New York State’s vehicle and traffic law. At its core lies a crucial revision: broadening the definition of “drug” to encompass any substance or combination thereof that impairs physical or mental abilities. This change is essential in recognizing the diverse array of substances capable of impairing drivers, ensuring that the law remains relevant and effective in safeguarding public safety.

However, not everyone is on board with Magnarelli’s proposal. Critics argue that the bill’s reliance on subjective judgment in diagnosing impairment may pose challenges. Yet, Magnarelli remains resolute in his conviction: “Don’t get behind the wheel.” For him, the message is crystal clear — driving while impaired is not worth the risk.

As the bill navigates through the legislative process, its fate hangs in the balance. With a version also under consideration in the Senate, the stage is set for a pivotal debate on how New York State can best address the issue of impaired driving. Be assured, however, that there has never been a time when it was more advisable for anyone charged with a drug and/or drinking-related offense to obtain experienced counsel to represent them in the courts of New York State.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

New York State has fortified its “move over” law to extend protection to all road users, aligning with a nationwide trend. Effective immediately, this revision aims to safeguard motorists stranded on highways, echoing similar measures adopted by several states. 

Previously, signs have warned motorists on many New York State roadways that they must pull over as far over to the left as possible when an emergency vehicle is on the shoulder of a highway. 

Under Governor Kathy Hochul’s leadership, this legislative update emphasizes the paramount importance of road safety. State Senator Lea Webb spearheaded the bill, emphasizing its critical role in preventing tragedies involving stranded motorists.

The revised law mandates all vehicles on highway shoulders to be treated with equal caution, whether law enforcement, emergency responders, or stranded motorists. It’s a proactive step to ensure everyone’s safety.

Since 2012, New York has applied move over protections to cover emergency vehicles, hazard vehicles, and vehicles displaying a blue or green light. The rule requires drivers to exercise due care and change lanes when approaching the affected vehicles.

Sen. Lea Webb, D-Binghamton, wrote in a bill memo that while existing law has been effective in protecting law enforcement and emergency vehicles that are stopped on the side of roadways, “there are still tragedies each year involving other motorists that are killed or seriously injured while stopped on the shoulder to attend to an emergency.”

Gov. Hochul’s office said other vehicles stopped on the sides of highways have remained a safety hazard. From 2016 to 2020, 37 individuals lost their lives outside disabled cars in New York.

Hochul said the signing of the law is a significant step forward in reducing traffic-related accidents and ensuring the well-being of all New Yorkers.

“I want to thank Gov. Hochul for signing this legislation, which will extend safety protections to any motor vehicle that is parked, stopped, or standing on the shoulder of a parkway or controlled-access highway, increasing safety and saving the lives of New Yorkers,” Webb said in prepared remarks. “This bill will decrease the numbers of fatalities and serious injuries that occur due to crashes involving a stopped or disabled vehicle on our roadways.”

The new law took effect this month.

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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DMV has proposed to increase the point value for certain violations such as passing a stopped school bus. METRO photo

By A. Craig Purcell, Esq.

A. Craig Purcell

Back in September of 2023, the New York State Department of Motor Vehicles (DMV) issued a press release to announce proposals to strengthen regulations “to get dangerous drivers off the road.” These proposed amendments would bolster the state’s ability to remove drivers who engage in risky behavior and make it “more difficult for persistent violators to restore driving privileges.” 

These changes in regulations are part of a multifaceted strategy to combat reckless driving, which endangers everyone. 

Commissioner of the New York State Department of Motor Vehicles and Chair of the Governor’s Traffic Safety Committee, Mark J.F. Schroeder, stated that “the message is simple: If your actions behind the wheel put others in danger, you don’t belong in the driver’s seat. That’s why we are proposing significant and aggressive actions to protect other drivers, motorcyclists, bicyclists, pedestrians and children. Everyone deserves to feel safe regardless of how they choose to commute or enjoy our roads.” The amendments will: 

1. Increase the number of points associated with dangerous driving. 

The long-established Driver Violation Point System gives the NYS DMV a way to identify and act against high-risk drivers. The DMV assigns points for certain traffic violations. DMV is proposing to add point values to violations that presently have none. These violations include alcohol or drug-related convictions, driving without a license, and any violation involving speeding in a work zone, leaving the scene of a personal injury crash, or striking a bridge. DMV has also proposed to increase the point value for certain violations such as passing a stopped school bus.

2. Decrease the threshold at which dangerous drivers are disqualified from holding a license. 

Currently, if a licensed driver accumulates 11 points in 18 months, his or her driver’s license may be suspended. The DMV is proposing to amend that regulation to keep more habitual offenders from driving. The proposed amendment will increase the time frame that administrative action can be taken against a persistent violator from 18 months to 24 months. DMV is also proposing changes to the point system used to evaluate requests for re-licensure after drivers have been convicted of multiple reckless driving and similar violations. 

These changes will make it more difficult for drivers with many convictions to regain their driving privileges. During that evaluation process, DMV is also proposing a change that will allow the agency to consider an applicant’s driving history going back four years from the date they applied for re-licensure. DMV previously looked at a driver’s record going back three years.

3. Lower the bar for permanent license forfeiture for reckless drivers who continue to drive under the influence of drugs or alcohol. 

DMV is also proposing to reduce the number of alcohol- or drug-related driving convictions or incidents that would result in a permanent denial of a driver’s license application. Currently, where regulations stipulate that an application for re-licensure be denied if a driver has five or more alcohol or drug-related driving convictions, the DMV is proposing to lower that number to four or more alcohol or drug-related convictions. 

The DMV is also proposing to change regulations to allow for permanent license revocation after three alcohol- or drug-related driving convictions plus one or more other serious driving offenses. 

Other proposed changes will empower the DMV to deny an application for re-licensure for two years if the applicant has three alcohol- or drug-related driving convictions and no serious driving offense. Other applicants who meet the same criteria but have a current license revocation for an alcohol or drug-related conviction will face a five-year revocation.

We will keep the public informed on the progress of these proposals in the New York State Legislature.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By Shannon L. Malone, Esq.

Shannon L. Malone, Esq.

Many of our clients have been inquiring about how traffic summons is being handled in Suffolk County, in particular, speeding tickets; the answers to these questions, depending on where in the county the ticket was received, tickets being prosecuted in the village in town, courts across Long Island may not be handled in the same way as those received elsewhere.

How is a speeding ticket handled if received in one of the five western towns of Suffolk County, Long Island?

For example, suppose you receive a ticket for speeding in the five western towns, Huntington, Smithtown Babylon Islip in Brookhaven, and not in an incorporated village, such as Head of the Harbor, Port Jefferson, Nissequogue, Islandia, and others. In that case, your case will be prosecuted in the central traffic court on Veterans Memorial Highway in Hauppauge in the H Lee Dennison building. The Suffolk County traffic and parking violations agency works in many ways, like the Department of Motor Vehicles.

How is the speeding ticket handled if received in an incorporated village or one of the eastern towns on Long Island?

Suppose you receive a speeding ticket in an incorporated village or one of the towns on the east end of Suffolk County, such as Riverhead, Southampton, East Hampton, or Southold. Your case will be prosecuted in the local court in that village or town. 

Each of these courts has its own rules concerning personal appearances; however, since the district attorney’s office in Suffolk County prosecutes speeding tickets and other moving violations, the same rules governing what dispositions of your ticket are possible in the traffic court in Hauppauge might not prevail. Specific plea-bargaining guidelines bind the prosecutors in the traffic court, while the Suffolk County District Attorney’s office has its flexible guidelines.

Take-Away

It is important that your attorney is fully aware of the different prosecutorial guidelines that are in place in the particular court where your speeding ticket is pending. Many law-abiding individuals tend to plead guilty instinctively, especially if it’s their first ticket. However, pleading guilty can result in a heavy fine, a possible increase in your car insurance rates, and as many as 6 to 11 points on your driving license. 

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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