Traffic Tickets in New York

We all know that traffic tickets can be pain, especially for busy New Yorkers. Getting a traffic ticket can be both costly and time consuming. If you wish to fight your ticket, the process can be arudous and paper work intensive.

The first and most important thing you can when you get a ticket in New York is to know your options. The first option is you can plead "Guilty" or "No Contest" to the ticket, which means you will have to pay the fine and/or the Driver's Responsibility Program. The consequences of this option include receiving a certain numbers of "points" on your license (which could led to the suspension/revocation of your license) and a possible increase in your insurance premiums. The second option is to fight the ticket and plead not guilty. If you choose this option, you will have to contest the ticket during a hearing. The potential consequences of pleading "Not Guilty" is that if you lose, you might not be offered a plea bargain for a lesser penalty.

An important thing to remember is you should absolutely respond to your ticket within the allotted time. If you do not turn your response in by the scheduled date, you will forfeit your chance to plead Not Guilty.

If you have multiple tickets, or tickets that could rack you up enough points to suspend or revoke your license, it's wise to hire an experienced traffic lawyer. There are several advantages to hiring a traffic lawyer. The primary advantage is that these attorneys handle these types of cases on a daily basis, so they have most likely dealt with a situation similar to yours, no matter how unusual or difficult your particular case seems. They should be familiar with the types of defenses work best with individual judges and any paperwork or "red tape" that you will need to get through. Another major benefit associated with hiring an attorney is that you may not have to appear in Court.

If you or a loved one is in need of a traffic attorney, feel free to contact the office at 718-317-5007.

What to Do When You Get a DUI

In my experience, the typical DUI client is an average person who made a mistake and now is facing enormous consequences which will affect their ability to get jobs, pay their bills, and even keep their freedom. Defending a DUI client, especially in New York and New Jersey, involves a very particular type of law since in these cases the prosecutors usually already have substantial physical evidence such as blood and urine results. For most clients, the majority of our defense will come down to pinpointing discrepancies and/or outright mistakes law enforcement made during your arrest. This involves meticulous review of your case - every detail counts in a DUI case.

Many peoples' first instinct is to consult their family or local attorney when they get a DUI. These attorneys do not often deal with DUI cases and all too often will look at the surface of the case and then advise their client to take a plea. Unfortunately, many clients do not realize that taking a plea in a DUI case has long term and serious consequences. When you plea to a DUI, you are admitting guilt and you will now have a (possibly felony) criminal record for the rest of your life. This means you will now be required to check "yes" when asked if you have ever been convicted of a crime on both job and college applications, may get your driving privileges suspended or even revoked, and your car insurance will undoubtedly be higher.

The best thing you can do if you are arrested for a DUI is hire a Criminal Defense lawyer. The more experienced your attorney is in DUI cases, the better off you will be. When looking for an attorney, remember that a DUI case is one where close and meticulous attention to detail is needed, so this is an attribute you should be looking for in your attorney. Another important thing to remember is that a skilled attorney often can make a real difference in the outcome of your case, so don't panic! Remember, in a DUI case, the surface facts of the case like your breathalyzer results are just the beginning. A good attorney will be able to build a solid defense from these facts.

If you or a loved one has been arrested on a DUI, feel free to contact my office at (718) 317 - 5007.

- Kevin McKernan

The Hidden Cost of Speeding Tickets

Some people get speeding tickets, pay the fines, and shrug it off. However, speeding tickets can cost you way more than just the face value of the fine. In New York, speeding tickets are associated with points, whose accumulation on your license can lead to suspension. Many people simply don't realize how much money simply accepting a speeding ticket will actually cost them.

First, you must pay the ticket itself, which depending on the speed you were pulled over at, could be anywhere from $45-$600. Then you must pay the associated surcharges. In New York, many speeding tickets come with surcharges of up to $100.

After you have paid all the fines and surcharges surrounding your ticket, you must accept the points that will be added to your license. If you have been ticketed with other driving violations in the past and have accumulated 11 points in the past 18 months, your driver's license may be suspended. Furthermore, if you have had three speeding incidents in the past 18 months, even without them adding up to 11 points, your driver's license may be suspended.

Finally, your insurance may increase as a result of a bad driving record. This results in you paying more each year for the same insurance!

The best way to avoid the consequences surrounding a ticket is to get an attorney. Experienced attorneys have handled hundreds of these matters and know how to make you walk out with the least possible amount of points and/or fees. A traffic attorney will help you navigate the situation to the best possible outcome.

If you received a traffic ticket in New York or New Jersey and need assistance, feel free to call the office at (718) 317-5007.

- Kevin McKernan

Five Reasons Why You Should Stop Talking and Driving - New DMV Regulations

Have you read about the new DMV legislation? Well here are five reasons why you should.

Governor Cuomo recently announced changes to the number of points that will be imposed on all licenses for violating regulations VTL 1225-c (Use of a Mobile Telephone While Driving) and 122-5d (Use of Portable Electronic Devices). Talking on your phone while driving, or even simply reaching down for a second to turn on the new Kanye album on your iPod, has become common practice for many drivers who do not realize they can face serious consequences for even a moment's distraction. Starting June 1, 2013, Use of a Mobile Telephone and Portable Electronic Device while operating a vehicle will incur a five point penalty instead of a three.

What does a change of two points matter? Click below to find out.

Your Rights While Driving Through a DUI Checkpoint

DUI Checkpoints have becoming increasingly common all over the country. DUI Checkpoints are stop points set up by the police, usually on a busy highway, in order to stop drivers passing through and check for drunk drivers and traffic violations.

If you are driving and encounter a DUI Checkpoint, the first step you should take is to have a good look at your surroundings. DUI Checkpoints should have clear signs that warn drivers that a checkpoint will be ahead. The checkpoint should be, but isn't always, strategically placed so that drivers have an alternative route to choose if they do not wish to participate in the checkpoint. Remember, you are under no obligation to go through the checkpoint. As long as you do not commit any traffic violations in avoiding the checkpoint or otherwise exhibit signs of being intoxicated, the police should not stop you.