Criminal Traffic Offenses
Traffic offenses are generally thought of as moving violations that can only result in minimal punishments, such as small fines that can easily be paid for or the completion of community service. However, a variety of traffic offenses are considered to be criminal under New York law and come with strict penalties that include jail time and hefty fines.
Due to the fact that, if convicted, you could have to deal with some serious ramifications, it is important to protect your future by working with a qualified criminal defense attorney who can effectively argue you case in the court of law and help you reach a favorable solution to this difficult and stressful legal problem.
Queens Traffic Violation Defense Attorney
If you have been charged with any criminal traffic offense in Queens or New York City, contact the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation today. Attorney Rochelle S. Berliner is an experienced criminal defense attorney who will hear the facts of your case, and make every effort to find defenses or mitigating circumstances to have your criminal traffic charges reduced or dismissed.
By spending well over a decade working with individuals accused of traffic offenses in Queens, Rochelle is well versed in New York law and will use this legal understanding to provide excellent client service while making certain that your individual rights are protected throughout the entire criminal process.
- New York Criminal Traffic Violations
- Penalties for Traffic Crimes
- New York Resources for Traffic Offenses
Criminal traffic charges and the definition of these charges can be found in the New York Penal Law. A few of the most common criminal traffic charges are:
- Reckless Driving, Vehicle and Traffic Law § 1212 — The offense of reckless driving is defined as driving or using any vehicle that unreasonably interferes with the public’s use of public roadway, or unreasonably endangers users on the road. A conviction for this offense is a misdemeanor and 5 points on your license.
- Texting While Driving, Vehicle and Traffic Law § 1225-D — This law prohibits drivers from using portable electronic devices while the vehicle is in motion, including cell phones, Blackberries, laptops, and other electronic devices to send text messages or emails. Starting February 16, 2011, a conviction for this offense puts 2 points on your license, in addition to the fine of $100.
- Leaving the Scene of an Accident, Vehicle and Traffic Law § 600 — Leaving the scene of an accident resulting in property damage occurs when a person operating a motor vehicle is involved in an accident with the motor vehicle resulting in property damage, and knowingly leaves the scene of the accident before disclosing identifying information. This offense can result in a fine up to $250 and/or imprisonment for up to 15 days and 3 points on your license. Leaving the scene of an accident resulting in personal injury to another person occurs when a person operating a motor vehicle is involved in an accident with the motor vehicle resulting in injury to another person, and knowingly leaves the scene of the accident before disclosing identifying information. This offense can be a class A or B misdemeanor, or class D or E felony, depending on the severity of the personal injury involved and the number of prior conviction the offender had for the same or similar offense.
- Operation While License or Privilege is Suspended or Revoked / Aggravated Unlicensed Operation, Vehicle and Traffic Law § 511 — Driving a vehicle on a public roadway while knowing or having reason to know your license is suspended or revoked can be an offense in the first, second or third degree. The degree of the offense depends on whether the offender has previous convictions for the same offense, the offender's license was suspended or revoked for offenses related to drinking and driving, how many times the offender’s license has been revoked, whether the offender is currently under the influence of alcohol or drugs, or if the offender’s license has been permanently revoked. A conviction for this offense can be a misdemeanor or class E felony.
Criminal traffic offenses also include vehicular homicide. According to N.Y. Penal Law § 125.12, a person can be charged with vehicular homicide if they commit certain motor vehicle violations, vessel or boat operation violations or snowmobile operation violations and cause the death of another person due to intoxication or impairment. A conviction for vehicular manslaughter in the second degree is punishable as a Class D felony.
New York’s Penal Law lists the maximum fines and terms of imprisonment for all misdemeanors and felonies in Articles 70 and 80. However, these penalties may change for numerous reasons. For example, if the law provides for other punishments, the offender has prior convictions, or if the offender is a juvenile, youthful offender or persistent or violent offender, the punishments for a conviction may differ than those listed below.
- Class D felonies can result in up to seven years imprisonment, and/or fines up to $5,000;
- Class E felony convictions can incur up to four years imprisonment, and/or fines not exceeding $5,000;
- Class A misdemeanor conviction can result in imprisonment not exceeding one year, a probation sentence of 2-3 years, and/or fines up to $1,000; and
- Class B misdemeanor convictions can lead to imprisonment for up to three months and/or fines not in excess of $500.
New York Department of Motor Vehicles – New York’s DMV has information about driver’s licenses, driving and cell phone use, traffic statistics, vehicle registration, and a variety of other resources for drivers in New York.
City of New York Police Department – New York’s Finest serves and protects the citizens of all by seeking to regulate criminal activity in all five boroughs in New York City, and provides information about the most wanted criminals, missing persons, records and other affairs around the community.
Law Office of Rochelle S. Berliner | Queens Traffic Violation Lawyer
If you have been charged with a traffic violation in any of the boroughs of New York City, including Queens, Brooklyn, the Bronx and Manhattan, call the Law Office of Rochelle S. Berliner for a consultation about your criminal charges today.
Rochelle S. Berliner is an experienced Queens criminal defense attorney, and will make every effort to help you avoid severe punishments. Contact the Law Office of Rochelle S. Berliner to discuss the facts of your alleged criminal traffic violation at 718-261-5600 or submit an online form.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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