New York Aggressive Driving Lawyer
Driving through New York is rarely a stress-free activity. New York’s laws do not specifically list an infraction known as aggressive driving, but any number of acts that may be considered aggressive are illegal.
Whether these infractions are civil traffic violations or criminal charges, New York aggressive driving lawyers are here to help. Experienced criminal attorneys can represent all levels of driving violations to protect their freedoms and right to drive.Examples of Aggressive Driving
The New York Governor’s Traffic Safety Committee defines aggressive driving as operating a vehicle in a selfish, or pushy manner, without regard for the safety of other drivers. This can be something as simple as not following customs in busy merging situations, but may involve the violation of a rule of the road. Commonly violated rules of the road include:
- Failure to Exercise Due Care: NY AC 19-190
- Improper Lane Changes
- Failing to Signal
- Failing to Yield
- Ignoring Traffic Control Devices such as stop signs or lights
If a police officer witnesses a person performing any of these illegal acts, the officer may issue a ticket. In some extreme situations, the officer may even arrest the driver and charge them with the criminal act of reckless driving.
New York Vehicle and Traffic Law 1212 defines reckless driving as the use of any motor vehicle in a way that interferes with the free and proper use of any road that unreasonably endangers other drivers. Even if a person does not cause a collision, they may still be charged under this statute.Defending Against Reckless Driving Charges
Whether a person is issued a civil traffic violation, or is arrested and charged with a crime, they have the right to contest these charges in court. Depending upon the class of the violation, the procedure changes significantly.Civil Violations
All civil violations are contestable but most be done within 15 days of the date of issue. All tickets issued in New York City are eligible for online appeal, which can be done here.
Once the information is entered, a date will be issued for the court hearing. At this hearing, the officer who issued the ticket will be required to appear to state why you were guilty of the infraction. All defendants have the right to ask this officer questions, as well as to introduce evidence of their own.
While an attorney will never be appointed by the court, all defendants have the right to hire a lawyer. New York aggressive driving lawyers represent clients in these hearings to protect their rights to continue driving with a clean record.Criminal Charges
In situations where a person is facing a criminal charge, they will be arrested and required to appear in court for an arraignment. These cases are handled in an identical manner to all other criminal charges in New York. As such, defendants may file evidentiary motions and present evidence during the course of the case. New York aggressive driving lawyers also represent people in these more serious proceedings. A conviction here can result in a serious jail terms as well as a lengthy license suspension.How a New York Aggressive Driving Attorney Can Help
Just because a police officer claims that a person was driving aggressively does not make it true. People always have the right to their day in court and New York aggressive driving lawyers are here to provide representation at those hearings.
New York aggressive driving lawyers can examine the facts of the case from the officer’s statement on the ticket, to visiting the site of the alleged violation for information that may help someone’s case.
In situations where people are facing criminal prosecution, a lawyer can analyze the District Attorney’s case from top to bottom to defend the individul's rights. While a conviction on a moving violation may result in only a fine and points on a driving record, others may bring about a license suspension or even jail time.
Call our New York criminal defense lawyers at (212) 312-7129 or contact us online today.