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Traffic Court Forum

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Repeat shoplifters will face harsher penalties in the new year. Stock photo

By Shannon L. Malone, Esq.

Shannon L. Malone Esq.

As we enter the new year, it’s essential to understand the significant changes in New York’s criminal laws. The 2023-2024 legislative session introduced several noteworthy reforms to enhance public safety, address emerging crimes, and improve judicial processes. This column outlines three major areas of legislative focus: judicial and juror security, organized retail theft, and deed theft criminalization.

Strengthening protections for judges and jurors

In response to increasing threats against the judiciary, the New York State Legislature enacted the Judicial Security Act. This law empowers judges and former judges to request the removal of personal information—such as home addresses, phone numbers, and the identities of minor children—from public platforms. The impetus for this law was a tragic 2020 incident in New Jersey, where a federal judge’s family members were attacked in their home.¹

Additionally, new criminal statutes were introduced to address threats and violence against judges. The existing felony of assault on a judge has been revised, eliminating the need to prove intent to cause “serious physical injury.” Prosecutors must now establish only that the assault aimed to prevent the judge from fulfilling judicial duties. Further, two new crimes—aggravated assault on a judge (a Class B felony) and aggravated harassment of a judge (a Class E felony)—were created to penalize acts of violence or harassment against judges or their immediate families.²

Jurors also gained new protections. Courts can now issue protective orders to withhold juror identities when concerns arise regarding tampering, harassment, or pretrial publicity. Such measures aim to preserve impartiality while ensuring jurors’ safety.³

Combating organized retail theft

Retail theft has evolved into an organized and costly phenomenon, prompting legislative action. Previously, a thief could only face petit larceny charges for individual thefts under $1,000, even if part of a larger scheme. Under the new law, if the aggregate value of property stolen from multiple locations exceeds $1,000, the offender can now be charged with grand larceny in the fourth degree, a Class E felony. Higher aggregate values can lead to more severe felony charges.⁴

Further protections were added for retail workers. A new Class E felony, assault on a retail worker, criminalizes acts of violence committed to hinder retail employees from performing their duties.⁵

Criminalizing deed theft

Deed theft, a predatory crime targeting vulnerable homeowners—often in minority communities—has now been explicitly criminalized under the larceny statute. Fraudulently obtaining a deed through forged signatures or deceptive practices can result in felony charges. Moreover, the attorney general is now authorized to prosecute these cases, adding significant enforcement power to this initiative.⁶

Additional reforms

The legislative session also addressed hate crimes, identity theft, and outdated laws. Twenty-two new offenses were added to the list of hate crimes, including crimes targeting individuals’ religious attire, such as the desecration of religious symbols or the disruption of religious services.⁷ In another modernizing move, the long-dormant crime of adultery was repealed, reflecting evolving societal norms.⁸

Finally, the legalization of jaywalking in New York City marks a shift in enforcement priorities. Motivated by concerns over racial disparities in summonses, this decision allows pedestrians to cross streets outside crosswalks without penalty.⁹

Conclusion

These legislative changes reflect New York’s commitment to addressing modern challenges while safeguarding fairness and justice. Whether enhancing protections for the judiciary or targeting organized theft, the state is adapting its legal framework to meet the needs of its citizens. Consulting the full legislative texts or speaking with an attorney can provide additional insights for readers seeking more information on these laws.

References:

1. 2024 N.Y. Laws, Ch. 56, Part F (adding Judiciary Law article 22-c), eff July 19, 2024; 2. 2024 N.Y. Laws, Ch. 55, Part FF (amending P.L. §§ 120.09-a, 240.33), eff July 19, 2024; 3. A. 7495, awaiting the signature of the governor; 4. 2024 N.Y. Laws, Ch. 55, Part FF (amending P.L. §§ 155.36, 155.40, and 155.42), eff July 19, 2024; 5. 2024 N.Y. Laws, Ch. 55, Part A (adding P.L. § 120.19), eff July 19, 2024; 6. 2024 N.Y. Laws, Ch. 56, Part O (amending P.L. § 155.00), eff July 19, 2024; 7. 2024 N.Y. Laws, Ch. 55, Part C (amending P.L. § 485.05), eff June 19, 2024; 8 A. 4714, awaiting the signature of the governor; 9. Int. No. 346-A, eff February 23, 2025.

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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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 Shannon L. Malone, Esq.

Shannon L. Malone Esq.

As Thanksgiving approaches, many of us are preparing for one of the busiest travel seasons of the year. And while the joy of seeing loved ones is the main focus, let’s not forget that each time we cross state lines, we’re also entering a new legal landscape.

Known as the “Implied Consent Doctrine,” this concept means that by simply driving into another state, you agree to follow its rules of the road—even when they’re downright bizarre. To help make your road trip a little more entertaining (and legally compliant), I’ve gathered some of the most peculiar traffic laws from the continental U.S.

Northeast

• Maine: You are not permitted to park in front of Dunkin’ Donuts. Considering how serious residents of Maine are about their morning coffee, this law might just be about preserving access to their lifeline.

• New Hampshire: Do not stop in the middle of the road to let a moose pass; it is considered obstructive driving.

• Vermont: It is illegal to whistle underwater while driving (though one might wonder how that situation could arise).

• Massachusetts: Drivers cannot operate a car with a gorilla in the back seat. Indeed, you read that correctly…

• Rhode Island: If you find yourself in Providence at night, keep a bell handy—it is legally required for cars after dark.

Midwest

• Ohio: In Youngstown, running out of gas on the road is actually considered a misdemeanor!

• Illinois: Hanging fuzzy dice or air fresheners from your rearview mirror is illegal. The goal here is to keep your line of sight clear, though it’s a tough break for lovers of retro car accessories.

• Michigan: When approaching a roundabout in South Haven, be sure to stop if emergency vehicles are nearby, as it is illegal to enter a roundabout while emergency vehicles are approaching.

• Iowa: On Sundays, keep the honking to a minimum if there’s a horse nearby—it is considered harassment, which makes one wonder how many horses have actually complained.

• Kansas: It is illegal to screech your tires—unintentionally or otherwise.

• North Dakota: In Fargo, you can’t drive barefoot. I guess that means flip-flops are fine, but bare feet are a step too far.

South

• Florida: It is the law to let faster cars pass on highways, no matter how much you want to set your own pace. Florida does not mess around when it comes to staying in the right lane.

• Georgia: Driving with an animal tied to your car roof is illegal—a law that likely exists because of travelers who took Clark Griswold’s antics a bit too literally.

• South Carolina: In Hilton Head, it is illegal to ride a bike without keeping at least one hand on the handlebars.

• Alabama: In case you were wondering, driving while blindfolded is prohibited. It sounds absurd, but it is always better to be safe than sorry.

• Tennessee: Shooting at any game from your car is a no-go—unless, of course, it is a whale.

West

• California: Shooting at game from a moving vehicle is banned, except for—you guessed it—whales. Who knew whales were such frequent targets on U.S. roadways?

• Nevada: Camels are not allowed on highways, a remnant from the days when camels were actually used for transportation in the desert.

• Oregon: For those planning to fill up their gas tanks, remember that you are not allowed to pump your own gas in many parts of the state, so pretend you are in New Jersey, where motorists have not been permitted to pump their own gas since 1949!

Stranger than fiction traffic laws in our home state of New York

• No Sleeping: In Southampton Village, you are only allowed to sleep in your car at specific times. The local rule is simple: if your car is stationary, you may not sleep in it between the hours of 2:00 and 5:00 a.m. But it may be assumed that it is lawful to sleep in your vehicle for the remaining 22 hours of the day.

• No U-Turns in West Hampton Dunes: In West Hampton Dunes, if you miss a turn, you had better be a master of rerouting. The village has an ordinance that bans U-turns on all streets, leaving no room for error in your navigation.

• No Disrobing: Feel like changing clothes in your car while in Sag Harbor? Do not. The village’s vaguely worded bathing law makes it illegal to strip down in public or in your vehicle. When you bathe in Sag Harbor, you are also required to wear a swimsuit or suitable covering. No exceptions.

• No Warming Up: Cold outside? Too bad. New York is one of thirty states, where it is against state law to warm up your car unless you are sitting in it. The Unattended Motor Vehicle law prohibits leaving the engine running without the key removed. So, unless you want a ticket, you will need to shiver it out. The only exception to this law is if a remote-control starter is used to warm up the car.

• Other Laws Related to Idling Vehicles: Heavy-duty vehicles are prohibited from idling for more than five minutes at a time for trucks and buses with a gross vehicle weight rating (GVWR) of more than 8,500 pounds. New York City Prohibits idling for more than three minutes for all vehicles, or one minute outside a school. Fines for idling range from $500 to $18,000 for a first violation.

• No Speeding Past a Sanitation Truck: In 2016, New York expanded its definition of a hazard truck to include sanitation trucks. This means drivers must slow down when passing a garbage truck, just as they would for a fire truck or ambulance. The rule aims to protect sanitation workers from getting clipped by drivers in a hurry.

Although the main goal of Thanksgiving travel is to safely reach family and friends, learning about some of these quirky laws can add a bit of fun to your road trip. Plus, it never hurts to know what to expect when you cross into new territory.

Final thoughts

While these peculiar New York regulations might seem excessive, they are not alone in their strangeness. Just as New York State outlaws warming up your unattended car, unless by keyless remote, other states have quirky twists on idling rules too—like New Jersey, where pumping your own gas is illegal, or California, which limits idling time to protect air quality. 

Meanwhile, Sag Harbor’s ban on disrobing in vehicles is reminiscent of laws in Alabama, where driving blindfolded is prohibited (as if that needed to be specified). Compared to these, New York’s ban on speeding past sanitation trucks aligns more with other states’ safety measures, like Florida’s rule to let faster cars pass. While local ordinances reflect unique community concerns and seem more like relics of an overzealous town board meeting, state laws generally aim for broader public safety and environmental protection, often with stricter enforcement and heftier fines.

Although the main goal of Thanksgiving travel is to safely reach family and friends, learning about some of these quirky laws can add a bit of fun to your road trip. Plus, it never hurts to know what to expect when you cross into new territory.

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.

Traffic Court Forum returns on Nov. 28

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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 Shannon L. Malone, Esq.

Shannon L. Malone Esq.

In a recent report by the New York State Commission on Judicial Conduct, significant attention was directed toward the operation and oversight of the state’s town and village justice courts. These local courts hear approximately two million cases annually, including traffic violations, misdemeanors, and small claims, making them unique. Notably, they are the only courts in New York where judges, known as justices, are not required to be lawyers. This feature, a relic of the colonial era, presents both strengths and challenges to the administration of justice across the state.

The lay justices: Tradition meets modern challenges

Of the approximately 1,830 town and village justices currently in office, only about 700 are lawyers! Nonetheless, these justices, often referred to as “lay justices,” are tasked with adjudicating cases that can significantly impact individuals and communities. Despite their lack of formal legal training, lay justices preside over the same cases as their attorney counterparts, including traffic cases, small claims, and misdemeanors. This has led to ongoing debates about the adequacy of the justice provided in these courts.

Suffolk County has five town courts: East Hampton Town Court, Riverhead Town Court, Shelter Island Town Court, Southampton Town Court, and Southold Town Court, and twenty-seven village courts. Our town and village courts handle a heavy volume of criminal and civil cases; fortunately, all of our town and village justices are admitted attorneys. This is not so in other parts of the state north of Rockland County. 

The Commission’s report highlights that while many lay justices perform their duties competently, there is a higher incidence of disciplinary issues among them compared to attorney justices. Specifically, lay justices account for 70% of the Commission’s disciplines, a statistic that reflects concerns about their adherence to judicial ethics and legal procedures. Issues such as failing to inform defendants of their right to counsel, improperly handling eviction proceedings, and delays in decision-making due to unfamiliarity with legal principles are among the recurring problems.

Enhanced training: A possible path forward

In response to these challenges, a concerted effort has been to enhance the training and resources available to town and village justices. Since 2006, the Office of Court Administration (OCA) has implemented an Action Plan for the Justice Courts, which includes increased judicial education, the provision of laptops with audio recording capabilities for all courts, and the development of a comprehensive Justice Court Manual. These measures aim to bridge the gap in legal knowledge and procedural understanding between lay and law-trained justices.

Moreover, the Commission has expressed willingness to collaborate with the Legislature and the courts to improve lay justices’ training further. This includes advocating for more rigorous courses in civil and criminal procedure, property law, and professional ethics—subjects that law-trained justices would have studied extensively in law school.

Bill introduced to require judges in high-volume New York Courts to be licensed attorneys

The town and village justice courts in New York play a crucial role in the state’s legal system, especially in rural and less populated areas. A significant piece of legislation (S.139C) has been passed to reform the qualifications for justices in the state’s busiest town and village courts. The new bill mandates that justices in the 100 highest-volume justice courts be licensed attorneys with at least five years of legal experience.

The move to require experienced attorneys as judges in high-stakes courts aims to protect defendants’ rights and uphold public confidence in the judicial process. This legislation could lead to more consistent and legally sound outcomes in the state’s busiest local courts, enhancing the integrity of the judicial system. 

As the bill progresses, it will likely spark discussions about the balance between local autonomy and the need for uniform standards in the judiciary. In our next article, we will discuss the specific functions of Suffolk County’s Town and Village Courts.

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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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 Shannon L. Malone, Esq.

Shannon L. Malone, Esq.
Vehicle maintenance and safety Inspection

Kicking off a summer road trip? Remember, it all starts before you hit the gas. Ensuring your vehicle is in peak condition isn’t just smart; it’s the law. From tire pressure to oil levels, brakes to lights, and that ever-essential air conditioning system—every detail matters. States have their own safety requirements and ignoring them can lead to fines. So, whether you’re leaving from Setauket, NY, or anywhere else, make sure your vehicle meets the legal standards to keep your trip running smoothly.

Emergency kit essentials

Emergencies are the uninvited guests of road trips. A well-stocked emergency kit isn’t just good planning; it’s also about staying legal. Your kit should include basics like a first-aid kit, flashlight, spare tire, and jumper cables. But don’t stop there—some places require reflective triangles, fire extinguishers, and even blankets. Knowing what’s legally required where you’re headed can keep you safe and compliant.

Interstate driving regulations

Think traffic laws are the same everywhere? Think again. Each state has its quirks—different speed limits, seat belt rules, and cell phone use regulations. What’s allowed in one state might get you a ticket in the next. To avoid surprises, arm yourself with the knowledge of the rules of every state you’ll pass through. This isn’t just about power; it’s about taking control of your journey and ensuring a hassle-free trip.

DUI prevention and legal consequences

Driving under the influence: a surefire way to ruin your road trip. While blood alcohol content (BAC) limits vary slightly from state to state, the zero-tolerance message is clear. DUI penalties can be severe, from hefty fines to jail time, and can haunt you long after the trip ends. 

In New York, the legal threshold is .08% alcohol content in your blood, and it is the same in most states. The blood alcohol content is the percentage of alcohol in your bloodstream, measured by blowing into a breath machine or by blood taken by the police. 

However, at Glynn Mercep and Purcell LLP, we emphasize the importance of planning with sobriety in mind. It’s not just about staying out of legal trouble; it’s about keeping everyone safe.

It is crucial to bear in mind that while the recreational use of marijuana is permitted in New York, the legality of marijuana may vary in the states through which you travel en route to your destination or in the state of your ultimate visitation. Engaging in the possession or use of marijuana in non-compliant states could result in the need to retain an out-of-state lawyer and potentially necessitate your presence for subsequent court proceedings, which may entail multiple appearances.

Safe and legal rest stop usage

Rest stops are essential for a comfortable journey, but they come with their own set of rules. Stick to parking regulations to avoid fines and protect your vehicle from theft. Pay attention to posted signs and local laws—some places limit how long you can stay. Respecting these rules ensures a safe, legal break before you hit the road again.

TIP: In some states, such as New Jersey, it is illegal to pump your own gas. A gas station attendant must assist you with refueling.

Driving in summer weather hazards

Summer road trips can bring weather surprises. From heatwaves to sudden storms, staying safe means knowing the legal requirements for your vehicle in different conditions. Some states require headlights in rain or specific tires for wet roads. Prepping your car for weather hazards keeps you safe and on the right side of the law. If you are not sure of a particular state’s rules in this regard, and you don’t have running lights, you should keep your headlights on all of the time.

Environmental protection and legal compliance

On your road trip, don’t just enjoy the scenery—protect it. Littering can lead to hefty fines and harm the environment. Many areas have strict environmental laws to follow. Respecting these rules preserves natural beauty and keeps you from legal trouble, especially in those states where such regulations are actually enforced.

As you plan your summer road trip, remember that preparation is key. We know the importance of safe, legal travel at Glynn Mercep and Purcell LLP in Setauket. If you need guidance or legal help, our experienced team is here to assist. Make your trip memorable for all the right reasons. 

Safe travels!

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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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 Shannon L. Malone, Esq.

Shannon L. Malone Esq.

Earlier in our series with respect to traffic infractions, we discussed proposed legislation that would increase the number of points associated with dangerous driving. These provisions would add point penalties to violations that presently have none. In this article, we will explore the existing Driver Violation Point System and provide readers with a quick reference guide illustrating the number of points associated with speeding violations in New York State. Understanding this system will empower you to make informed decisions about your driving habits and potential consequences. 

It is crucial to remember that if you accumulate 11 points on your driver’s license within 18 months, your driver’s license will be suspended. This is a significant consequence that can obviously disrupt your daily life. Exceptions to this point are rare. Nonetheless, you should consult an experienced attorney if you find yourself in this situation. Additionally, you must pay a Driver Responsibility fee if you accumulate six or more points on your driving record within 18 months.

Once 18 months have passed from the violation date, the points for that violation no longer count toward your total. However, the points do remain on your overall driving record, and your insurance company may use these points to increase your premium.

How Your Point Total is Calculated

Points are added to your driving record based on the date of the traffic violation, not the conviction. The point total is calculated by adding the points for violations occurring within the last 18 months.

Out-of-State Convictions

Suppose you are convicted of a traffic violation in another state, like Connecticut, New Jersey, or Florida. In that case, points are not added to your New York State driving record. Interestingly, however, if the violation occurred in Canada, specifically in Ontario or Quebec points are added because New York State has a reciprocal agreement with these provinces.

Insurance Premiums

Insurance companies have their own point systems and can increase premiums based on your driving records. Insurance companies almost invariably increase your premium if you are convicted of a moving violation such as speeding. Other moving violations that may affect your insurance premium are passing a stop sign, running a red light, and failing to yield the right of way.  For these reasons, it is always a good idea to consult a lawyer when you receive a summons for a moving violation, particularly a speeding ticket.

Check Your Points

New York State DMV’s “MyDMV” service allows users to check their points on their New York State driver’s license. Taking a DMV-approved Point and Insurance Reduction Program (PIRP) course (usually online) will help prevent you from losing your license if you accrue 11 or more points on your driving record. Four points are ‘subtracted’ to calculate a suspension if you have 11 or more points. The tickets/points do not physically come off your driving record, but this system can potentially save you 10 percent on your automobile liability and collision insurance premiums. This offers a glimmer of hope and control in managing your points and insurance premiums.

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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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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