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A. Craig Purcell Esq.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

For many people, a first arrest feels like the end of the world. Fear, embarrassment, and uncertainty can overwhelm someone who has never been on the wrong side of the law. But thanks to New York’s new Clean Slate Act, there is now a path for eligible individuals to move beyond their mistakes and work toward a brighter future.

The Clean Slate Act, which took effect on November 16, 2024, automatically seals eligible convictions—misdemeanors after three years and felonies after eight years—if certain conditions are met. This means those convictions will no longer be visible to the general public, including landlords, employers, and educational institutions. However, not all crimes are eligible. Serious offenses, like sex crimes and certain Class A felonies, are excluded. Additionally, sealing does not erase the record entirely; some agencies, such as law enforcement or employers in sensitive industries, will still have access.

While the Act offers a lifeline, it also requires patience. To qualify, a person must stay out of trouble—no new arrests or convictions—and meet other requirements during the waiting period. It could take until 2027 for the state to process all eligible cases, but for those who qualify, the potential benefits are life-changing.

Turning fear Into action

The first question many people ask after an arrest is, “Will this follow me forever?” The Clean Slate Act allows individuals to hope for a fresh start. It is an opportunity to reduce barriers to jobs, housing, and education, but it does not wipe the slate entirely clean. For example, the Act does not restore gun rights or erase the record entirely for government purposes.

The key is to take charge of the situation now. Yes, this moment may feel overwhelming, but it does not have to define your future. The Clean Slate Act is not automatic for everyone, and eligibility depends on what you do from this point forward.

From mistake to opportunity

Many first-time offenders feel stuck in shame and regret. While these emotions are natural, dwelling on them will not help you move forward. Instead, focus on the future. What can you do now to improve your situation?

The Clean Slate Act rewards those who stay on the right track. During the waiting period, you must avoid legal trouble, maintain employment, and contribute positively to your community. While it may take time, the effort is worth it. A sealed record can open doors to better job opportunities, housing, and education.

Other challenges to consider

Even with a sealed record, some barriers remain. For instance, getting licensed in certain professions—like nursing, real estate, or teaching—can still be challenging. The New York State License Guides can help explain what to expect when applying for licenses in various industries. Understanding these challenges now can help you better prepare for the future.

A second chance is within reach

Everyone makes mistakes, but those mistakes do not have to define the rest of your life. The Clean Slate Act is proof that people deserve second chances. It gives hope and opportunity to those willing to take the necessary steps to rebuild their lives. 

By focusing on the future, making good choices, and staying committed to personal growth, you can take control of your story. The past may leave its mark, but it does not have to limit your future. With the Clean Slate Act, a fresh start is possible—and within reach.

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 A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

The era of self-driving vehicles is now upon us. Presently fourteen states have passed legislation or issued executive orders permitting the testing and operation of autonomous vehicles either with or without human drivers. These states have differing levels of regulations, but they generally allow for testing, and in some cases, full deployment of automated driving systems. For illustration, we have included a chart below.

As self-driving vehicles shift from science fiction to reality, the implications for traffic laws are profound. For lawyers and drivers alike, understanding these changes isn’t just academic; it’s becoming essential. For example: who’s at fault when a driverless vehicle in involved in an accident? How do we enforce traffic laws on vehicles that don’t make mistakes? And what does all this mean for insurance coverage? 

Who’s responsible when no one’s driving?

Imagine this: a fully autonomous vehicle (AV) gets into a fender-bender. The “driver” was reading a book, and the car was doing all the work. Who’s at fault? 

Traditionally, liability falls on the driver, but when a car is self-driving, things get murky. Are we looking at a case of product liability, where the car manufacturer could be responsible, or does the blame shift to the software developers if the problem was a coding error? Or is it ultimately still the driver’s fault?

This isn’t just a thought experiment. As cars become more automated, courts will have to decide whether traditional concepts of liability apply. Shifting responsibility from drivers to manufacturers could have far-reaching effects. Car companies might find themselves more frequently in court, and we could see new standards for vehicle safety and software updates. 

Enforcing traffic laws in a driverless world

One of the selling points of AVs is that they should, in theory, eliminate human error. No more speeding or running red lights — just safe, compliant driving. But what happens when autonomous and human-driven cars share the road? The mixture in driving behavior could lead to unexpected problems.

Take, for example, a four-way stop. An autonomous vehicle is programmed to wait its turn, but what if human drivers—often more aggressive and impatient—don’t follow the rules? Who gets the ticket if there’s a collision? And how will traffic police adapt when the ‘drivers’ in these cars aren’t driving at all? The answer could lie in automated reporting, where AVs log and transmit data directly to authorities. But this raises privacy concerns and brings a whole new meaning to the term “big brother is watching.”

Changes in insurance and driver responsibility

If you’re sitting at the wheel of an AV, are you still considered a driver? This question could redefine driver responsibility. Currently, drivers are expected to stay alert, even in vehicles with high levels of automation. But as technology advances, that role could diminish. We might see the legal definition of a driver evolve, impacting everything from traffic tickets to DUI laws.

And what about automobile insurance? Today’s policies focus on human drivers—their history and behavior. But if the car, bus, or truck is driving, does your spotless record even matter? We could see a shift to policies that are more like product insurance, focusing on the vehicle and its technology rather than the person behind the (sometimes non-existent) wheel. Insurance could become bundled with the car’s cost, or we might see new types of policies that blend traditional auto insurance with product liability coverage.

Preparing for the future

Regulators are already taking steps to prepare for this brave new world. The National Highway Traffic Safety Administration (NHTSA) is working to develop guidelines. While states like California have begun to draft specific rules for AV testing and deployment. New York likely won’t be far behind. 

Autonomous vehicles promise to revolutionize transportation, but they also present a host of practical questions.

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 A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

Historically, the news predominantly focused on driving while impaired by the consumption of alcohol. However, driving while a person’s ability to do so is impaired by drugs, including marijuana, is equally dangerous and critical. This is especially so in light of marijuana being legalized for recreational use in New York. This month we will delve into the distinctions between driving while ability impaired by alcohol and drugs, specifically marijuana, under New York State law.

We all know that it is illegal to drive a vehicle while your ability to do so is impaired by drugs, including marijuana, as stated in the Vehicle and Traffic Law (VTL) § 1192(4). Even for a first-time offense, the penalties for violating this law can be severe.

Below is a helpful comparison of the penalties for driving while impaired by alcohol versus drugs.

It should be noted that a significant difference between these two offenses is the severity of the above consequences. A DWAI by marijuana conviction results in a criminal record from the first offense, whereas a first-time DWAI by alcohol does not. However, proving impairment due to marijuana can be more complex. Unlike alcohol, where Blood Alcohol Content (BAC) levels provide a straightforward measure of impairment, the presence of drugs like marijuana does not necessarily indicate impairment. The prosecution must demonstrate that the driver’s ability to operate the vehicle was actually impaired. However, there is a movement underfoot to lower the legal BAC limit, which would seriously affect the enforcement, prosecution, and defense of Driving While Intoxicated (DWI) cases. More will be written about this in future articles.

Currently, there is not a universally accepted test equivalent to the breathalyzer for marijuana. This makes it more challenging for prosecutors to prove impairment beyond a reasonable doubt. Therefore, individuals charged with DWAI by drugs may have a stronger defense so long as they are prepared to challenge the prosecution’s evidence, including the legitimacy of the traffic stop.

However, let us remind you that while both substances can impair driving abilities, it is crucial to remember that smoking marijuana or drinking alcohol before driving isn’t illegal per se—impairment is the key factor. The law requires proof of impairment, not just consumption. As laws evolve, especially with the increasing legalization of marijuana, understanding these nuances becomes even more critical. If you’re facing charges related to impaired driving, it’s advisable to seek experienced legal counsel to navigate the complexities of the law.

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 A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In last month’s column, we delved into the DMV point penalties for speeding violations in New York State. This month, we will explore the points assessed for other vehicle and traffic moving violations. Understanding these penalties is crucial for all drivers, as accumulating points can lead to higher insurance premiums, fines, and even license suspension. Below is a detailed look at the points assigned for various moving violations in New York State.

High-Point Violations (5 Points)

Reckless Driving

Reckless driving is a very serious offense that can obviously endanger the driver and other road users. In New York, a driver can be found guilty of reckless driving for operating a vehicle in a manner that unreasonably interferes with the use of public highways or unreasonably endangers other drivers, cyclists, or pedestrians. Law enforcement officials have wide discretion in determining what constitutes reckless driving. In order for a reckless driving charge to hold up in court, the prosecutor must prove that the driver was acting in a way that showed a disregard for the safety of others, in a manner that a reasonable person would not have done.

Failure to Stop for School Bus

Failing to stop for a school bus when it is picking up or dropping off children is a significant violation. This rule is strictly enforced to protect the safety of schoolchildren.

Improper Cell Phone Use

Using a cell phone while driving, unless it is hands-free, is deemed to be a significant distraction and is penalized heavily. 

Use of Portable Electronic Device (‘Texting’)

Texting while driving is considered one of the most dangerous forms of distracted driving. This is why it carries a severe penalty and is differentiated from “Improper Cell Phone Use,” which does not always cause a driver to look down to use their device.

Railroad Crossing Violation

Ignoring railroad crossing signals or attempting to cross when a train approaches clearly poses extreme danger and thus incurs a high-point penalty.

Moderate-Point Violations (3 Points)

Failure to Yield Right-of-Way

Failing to yield the right-of-way often leads to motor vehicle accidents and is taken seriously by traffic enforcement.

Running a Red Light

If a police officer observes a driver running a red light, this may result in a 3-point violation. However, if a driver is photographed by a road camera running a red light and receives a red-light ticket in the mail, this is a no-point violation. Our next column will discuss the reasoning behind this, outlining the various tickets you can receive due to cameras and video recordings.

Disobeying Traffic Control Signal, STOP Sign, or YIELD Sign

Ignoring these fundamental traffic controls is also very hazardous and results in a three-point penalty. And it is worth pointing out that you must completely stop your vehicle or risk a camera violation.

Improper Passing or Changing Lane Unsafely

Unsafe lane changes and improper passing cause many collisions, making them serious enough to carry a 3-point penalty.

Driving Left of Center/Wrong Direction

Driving on the wrong side of the road or in the wrong direction is obviously dangerous and penalized accordingly. Many severe injuries or even deaths are caused by this behavior.

Leaving Scene of Property Damage Incident

Leaving the scene of an incident without reporting can complicate legal matters and is thus penalized, even when no one is injured in the accident.

Child Safety Restraint Violation

While ensuring children are properly restrained in vehicles is crucial for their safety, the police give out more summonses for this than you can imagine. Violations here carry a three-point penalty.

Low-Point Violations (2 Points)

Inadequate Brakes (Employer’s Vehicle)

If an employer’s vehicle has inadequate brakes, it incurs a two-point penalty, emphasizing the importance of vehicle maintenance.

Failure to Signal

Not using signals to indicate turns or lane changes often leads to confusion and accidents. You have probably cursed (not out loud, of course) when a driver has done this in front of you on the highway. Take solace in knowing that this can result in a two-point penalty.

Improper Turn

An improper turn can disrupt traffic flow and cause accidents, warranting a two-point penalty.

Tinted Window Violation

Excessively tinted windows can impede visibility and are thus regulated. Violations here result in a two-point penalty.

Most Other Moving Violations

Minor moving violations that don’t fit into other categories typically carry a two-point penalty.

In conclusion, understanding the points associated with traffic violations can help drivers avoid infractions and the subsequent penalties. Always stay aware of traffic laws and drive safely to protect yourself, your passengers, and others on the road. If you find yourself facing a traffic violation, it is important to contact a knowledgeable attorney to understand your options and potentially mitigate the penalties. Remember, if you incur 11 points in an 18-month period, your driver’s license may be suspended.

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 A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

So many Long Islanders, both young and old, ride motorcycles these days that we are constantly being asked about insurance coverage available for this exceedingly common means of transportation and recreation.

The first thing you need to know is that you can obtain motorcycle insurance, and more importantly, liability insurance for motorcycles is mandatory in the State of New York. This means you must insure your motorcycle in order to register it here.

What type of insurance is mandated for motorcycles? The motorcycle must have liability insurance in the minimum amount of $25,000, as is the minimum for all New York automobiles. The standard minimum coverage for both is as follows:

— $ 25,000 in bodily injury per person

— $ 50,000 in total bodily injury per accident

— $ 10,000 in property damage per accident while operating your motorcycle

This requirement means that if you are at fault for someone else’s injury, these are the minimum protections for your liability. Remember, these are only the state required minimum coverages, and higher coverage amounts are strongly recommended to protect your assets.

It is important to understand that no-fault insurance coverage (personal injury protection) is unavailable for motorcycles. This means that your medical bills will not be paid by your own insurance company. This differs from the policy covering your own automobile, which insurance coverage requires that your reasonable medical bills be paid by your own company even if the accident was your fault. 

As our first article in this series, “Only pay for what you need. The question then becomes: What do you need?” explained supplemental underinsured coverage is extremely important and mandatory for motorcycles, as well as automobiles. 

As emphasized in that article and throughout this series, obtaining more than the minimum amount of coverage available (as outlined above) is highly recommended and should be discussed with your insurance broker or insurance company.

In concluding our discussion concerning motorcycle coverage, we wish to emphasize our strong advice to resist the temptation to purchase the minimum coverage allowable in the state, and obtain more than the minimum coverage mandated. Do not let the additional costs persuade you from paying for what you and your family really need to protect your assets and give you peace of mind.

Please see our March and April columns explaining what No-Fault Insurance coverage means for you and your family in addition to our June column discussing the MVAIC and its applicability to motorcyclist’s claims.

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 A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In our last column, we outlined the criteria for eligibility to seek compensation or monetary damages for injuries you sustained in an automobile accident due to another driver’s negligence. We also explained the initial steps necessary to make such a claim. Now it is time to discuss how to evaluate your claim and negotiate with the insurance company insuring the at-fault party who caused the accident. 

Indeed, the first question we, and other lawyers, are often asked is, “How much is my case worth?” Although cliché, the answer is virtually always “It depends.” The truth is that there is no simple or easy answer to this inquiry, nor is there a tried-and-true method to develop a reasonable value for a given case. There are simply no established valuations for any particular injury, no charts to refer to, or answers even Siri can provide you. Among the many criteria for estimating a case’s value are the following:

• The severity of the injury itself

• Permanent disability due to the injury

• Age and occupation of the injured person

• If employed, time missed from work

• Ability to perform functions for daily life in the future (i.e., household chores)

• Ability to enjoy recreational activities, such as sports, that you participated in prior to the accident

• Expenses not paid by your No-Fault insurance carrier.

Several additional factors are considered when evaluating a particular claim; however, those enumerated above are the most important. For example, if the injured person is a construction worker who hurts his or her back in a motor vehicle accident, the effect may be a long period of time out of work. A computer operator who suffers a fractured hand or wrist and develops carpal tunnel syndrome may be disabled for longer than someone in a different position. The same goes for a doctor, electrician, or many other professions. In conjunction with these issues, the pain and suffering caused by the injury leads claimant’s attorneys and insurance companies to come up with monetary damage ranges and amounts.

While this is clearly far from an exact science, lawyers who handle personal injury automobile accident cases have many references they can utilize to evaluate these cases. These include publications reporting recent jury verdicts around the state for particular injuries or even significant settlements. Thus, the personal injury practitioner can get a sense of how much a claimant may expect to receive for a particular injury in each county in New York State, or what an insurance company would be willing to pay for such injuries. 

However, the exact amount your case may be worth is highly subjective and unique to your specific circumstances. Therefore, the claimant and their attorney must discuss the above criteria applicable to the case and start negotiating with the insurance carrier. 

It must be understood that insurance companies are under no legal obligation to pay a claim, although if they do negotiate, they must do so in good faith. This basically means that the insurance company runs certain risks if it makes woefully inadequate offers to settle your claim.

Our next column will answer more often-asked questions, like “Why do I need so much automobile coverage, if I have homeowners’ insurance or an umbrella policy?”

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 A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

After an automobile accident, you should always stop and notify the police. Indeed, under New York State (NYS) law, anyone involved in an accident must stop at the scene, and if the accident caused injuries or significant property damage, it is very important for you to notify your insurance company right away.  

A car accident can have far-reaching consequences on everyday life for you and any other driver or passenger involved. Although an accident may occur within the blink of an eye, the subsequent negative impacts on an injured person’s ability to work and perform daily activities may continue well into the future. This may potentially jeopardize the health and financial security of all parties involved in the accident (driver, passenger, etc.). The property loss that may be sustained may pale when compared to the severe bodily harm from a crash.

As we have discussed previously, New York imposes the following minimum amounts for liability coverage:

• $10,000 for property damage coverage (PDL) from a single accident

• Bodily injury coverage (BIL) of $25,000 per person and $50,000 for all persons injured

• Death coverage of $50,000 per person killed in an accident and $100,000 for all persons killed in an accident

• No-Fault coverage of $50,000

Types of Automobile Liability Insurance

Liability insurance covers damages if someone makes a claim against you for loss or harm as a result of your negligence. Your insurance provider protects you and reimburses the individual who made a claim against you up to the extent of your coverage. In addition to being required by law, liability insurance is crucial to avoid out-of-pocket losses.

If you cause a car accident, your liability insurance, specifically your bodily injury liability policy, will pay for the injured parties’ pain and suffering or permanent injuries after a settlement is reached or a personal injury verdict is rendered. Remember, NYS only mandates that you hold accident coverage of $25,000 per individual. This amount should be increased to protect you and your assets, so paying for a policy that at least provides $100,000 per individual and $300,000 per accident in coverage for all injured persons is essential, and more is strongly recommended 

So how much liability coverage is enough?

As much as you can reasonably afford. Don’t scrimp on liability coverage when deciding how much auto insurance you need. Doubling liability coverage does not mean you will pay twice as much for the additional protection. Low liability limits place your savings and assets at risk should you cause an accident, making it imperative that you purchase as much liability insurance as you can. This is especially so because medical expenses are constantly increasing. 

High liability limits protect you if you cause an accident and prevent you from possibly having to sell your home to cover accident costs caused by a severe injury to the other party. Therefore, it is crucial that you assess whether your liability limits accurately reflect the assets at risk should an accident occur due to your negligence.

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 A. Craig Purcell, Esq.

A. Craig Purcell

In our two last columns, we wrote about the necessity of obtaining adequate SUM (Supplemental Underinsured Motorist) and UM (Uninsured Motorist) coverage in the event you are seriously injured in an automobile accident due to the negligence of a driver who has a limited liability insurance policy, or no insurance at all. We encouraged you to ascertain the amount of SUM and UM coverage you have paid for as part of your own automobile insurance policy, to make sure your policy adequately protects you in this unfortunate event.

A question we are almost always asked by our clients who have been injured in an automobile accident, is “how do my medical bills get paid? Are they paid by my health insurance carrier, Medicare if I am over 65 years of age, Medicaid if I am a Medicaid recipient, or in some other way?” Many people simply show their insurance card, Medicare card or Medicaid card when they are brought to a hospital emergency room, go to a walk-in facility or a doctor’s office without further thought.

NO-FAULT INSURANCE

If you are injured in an automobile accident, you should be relieved to know that your reasonable medical bills will be covered by your own automobile insurance carrier under the No-Fault provision of your insurance policy. This is listed on your policy as “PIP” (personal injury protection). The reason this provision in your policy is known as No-Fault Insurance is that your own company is obligated to pay your reasonable medical expenses, even if you caused the accident. 

Many, if not most, hospitals, walk-in clinics and other healthcare providers simply ask the patient or their family for the insured’s health insurance information, even when the provider is told that the injury was caused by an automobile accident. This often leads to confusion and even disputes concerning what entity is responsible for the ensuing medical bills.

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While it may be difficult to provide a hospital emergency room with your automobile insurance information, it is important for you or your family member to provide that information at your doctor’s office or walk-in facility right away. Likewise, the same is true for the offices of your physical therapist, chiropractor, pain management specialists or any other health care provider. 

In addition to the confusion and the possibility of disputes over payment of medical bills arising out of injuries from your accident, certain insurance providers, as well as Medicare and Medicaid, may have a lien on any recovery you obtain for your pain and suffering from the insurance company for the driver who caused the accident. The beauty of No-Fault Insurance is twofold.

First, your medical bills get paid regardless of whether you or the other driver caused the accident and second, your No-Fault Insurance company does not have a lien or claim against any recovery you might obtain.

Finally, with regard to No-Fault Insurance, it is important that you speak to your insurance agent or carrier about the amount of this coverage you have with your policy. The mandatory (minimum) amount of No-Fault, or PIP, Insurance in New York is $50,000. However, if you sustain a very serious injury in an automobile accident, your medical bills may well exceed $50,000.

Therefore, just as in ascertaining how much SUM or UM coverage you have in your insurance policy, you should consider paying for No-Fault coverage above the $50,000 minimum. This would protect you against your automobile insurance company asserting a lien against any recovery you obtain because it paid medical bills in excess of the minimum. It would also often avoid having Medicare, if you are over 65, pay any bills in excess of $50,000.00, which could also result in a lien against any recovery you obtain from the insurance company for the driver who caused your accident.

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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