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Mineola Criminal Defense Law Blog

The ins and outs of new york's speeding laws

No matter how much planning goes into an errand or event, many New York drivers could agree that rushing on the road is all too tempting. Even when punctuality is not a concern, the speedometer can travel higher than speed limits in the blink of an eye. As for New York speeding laws, there are a few details drivers can keep in mind to avoid trouble on the road.

The New York Post is quick to argue that traffic tickets are simply a way of business in today's world. New York is not alone, either, as most states enforce strict penalties for seemingly insignificant traffic offenses. The results? According to The Post, unreasonably high ticket prices cause a severe imbalance in the country's wealth. While speeding can certainly prove dangerous, most drivers will violate speed limits at some point in their lives, and many will face the frustrating obstacles of exorbitant fees and, in some situations, traffic school and revoked licenses. All the while, states continue to issue increasingly high tickets to drivers. 

What's the New York SAFE Act?

Following the tragic 2012 gun attack at Sandy Hook Elementary School, when a gunman murdered six adults and 20 children, states around the country chose to enact stricter gun control legislation -- and the state of New York was no exception. In fact, New York was one of the first to create new laws in response to the tragedy.

Following the Sandy Hook tragedy, New York passed the New York Secure Ammunition and Firearms Enforcement Act of 2013. Commonly referred to as the NY SAFE Act, this new piece of legislation created some of the strictest gun laws in the United States. As such, it's vital that anyone in possession of a firearm -- and anyone considering the purchase of a firearm -- fully understands the legal responsibilities and limitations imposed by this act.

How Can I Avoid Distracted Driving?

Even if you’re a safe and considerate driver, distractions can still occur. In some cases, even a moment’s inattention behind the wheel can lead to grave injury, property damage, or even loss of life. As a result, New York drivers must make every attempt at remaining focused on the road, which is why Geico recommends the following safe driving tips to do just that.

Never Drive While Drowsy

Breath and BAC

There is typically one number that people in Mineola associate with drunk driving: .08. That is the blood-alcohol content measurement that is almost universally accepted as defining intoxication. Yet it is not the only number related to BAC that New York drivers need to worry about. Per the New York Department of Motor Vehicles, a BAC or .05 percent is enough to label a driver as being impaired, while a BAC of .18 percent qualifies one to be charged with aggravated DWI. 

With all of the talk about blood-alcohol levels, however, a pressing question arises: how is it that a breathalyzer device (which measure one's breath) is used to determine BAC? The Alcohol Pharmacology Education Partnership offers an explanation of what a person's breath may say about the alcohol content of their blood. 

Carrying knives in your possession in New York

The law when it comes to carrying knives can be very unclear, because there are many types of knives and differing laws attached to them. You may have a good reason to be carrying a knife in your possession -- perhaps you go hunting or fishing regularly. You may also carry a knife for your convenience at work, especially when you work in a physically active role that requires a knife to cut boxes or rope.

While there are many good reasons to carry a knife, it can be problematic because certain knives are not legal to carry unless these individuals have specific licenses.

Misappropriation of funds reason for Mount Vernon mayor's arrest

Most in Mineola might think that a charge of larceny would be fairly simple to either prove or disprove: either one stole something, or he or she did not. Yet as is the case with many areas of the law, fighting such an accusation is not always that simple. In some cases, one might have acted in a manner that he or she thought was completely legal (even at the advice of others), only to later face allegations that he or she stole something. 

Such is the claim being made by the mayor of Mount Vernon. The mayor is claims that he was acting on the advice of his legal counsel when he redirected $45,000 in inauguration committee funds as well as $12,000 in campaign funds. He says that both were meant to be compensation for work he put in campaigning. He also states that he followed proper procedure in recording the transactions, an assertion that is being disputed by the state's Attorney General. The Attorney General claims that the mayor lied about the use of the money, using it to pay for his cars, his rent and personal travel expenses (among other things). While the mayor has ignored calls to resign, if convicted he would be removed from office. 

Defining aggravated assault

People in Mineola often throw out the word "assault" to describe any manner of different offenses. Some may use it to describe a verbal tirade on directs at another, while some might cite in cases where an actual physical altercation occurred. However it is used, you likely care the most about its context when it is used against you. The circumstances of an alleged assault will often dictate the criminal charges that accompany it. The added description of "aggravated" used in the accusations against you should be cause for concern. Yet we here at The Law Firm of Michael R. Franzese can assure you this descriptor cannot simply be applied to a case randomly. 

Victims of supposed assaults may all believe that the actions against them were aggravated, yet such an assertion is typically based off emotion rather than actual fact. Having a firm definition of what qualifies as aggravated assault is important because the potential penalties that you may face from it are typically more severe than those seen in standard assault cases. Fortunately, the law does establish such a definition. 

College basketball coach facing domestic violence charges

Those facing charges of domestic violence in Mineola could find themselves having to deal with some very serious consequences (independent of the criminal penalties they may be facing). The mere idea that they are even associated with such an incident could put a permanent stain on their reputations. If one happens to work in a public position (or one that requires public trust), then the damage done to their reputation could reasonable jeopardize their careers. It is for this reason that a rush to judgment should be avoided at all costs when such allegations are being investigated. 

A man in a very high-prolife position is currently facing such allegations. He is the head coach of the men's basketball team for a college in California, and he was recently returning from a victory over a conference opponent when he was arrested by police. According to reports, the investigation into his conduct began when authorities responded to a call from a local hotel. The woman found at the scene had suffered non-life-threatening injuries that she claimed were inflicted by the coach. While the coach is married, it was not reported whether the woman involved was his wife. The university reported that it is conducting its own investigation into the matter. 

Is there a defense for theft?

To the average New Yorker, it might seem that theft is a simple act, with a simple defense; either someone took something without permission or they did not. However, there may be an easy—or at least honest—explanation of why you have the item in your possession. Every case is different, but there are several defenses for theft or larceny.

Returned property

What should you do if you receive an NOL?

Many stoplights in Nassau County, New York are equipped with red light cameras. These cameras snap a picture of your vehicle if you run a red light. Once captured, the system issues you, if you are the owner of the vehicle, a Notice of Liability, according to the Nassau County website. If you receive one, you can go to the county website and enter the NOL number to find out the exact violation that triggered the NOL. You also can watch the actual video footage taken. 

If you agree that you are guilty of the crime, then you can pay your fine via the website. You may also request a hearing if you do not believe you are guilty of the violation or if you were not driving the vehicle at the time. Do note that reduced fines for NOLs are not permitted, so requesting a hearing in the hopes of getting a lesser fine is not advisable. Any action you take has to be done before the date on the NOL. If you do not respond before that date, you may have to pay additional fines and fees. You may also have your vehicle towed or booted.

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