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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. Many drivers can agree that state speeding laws are difficult; learning the ropes, however, can help one prevent a ticket that can take months to pay off. The Governor’s Traffic Safety Committee of the state of New York shares the basic regulations surrounding speeding laws, first noting that speed violations range from 3 to 11 — a driver could lose his or her license with an 11 point ranking. Safety, as most New York residents would expect, is the Committee’s top priority, as driving at high speeds naturally makes slowing down harder for drivers. There may be an ongoing debate on New York’s speeding laws, but the website for traffic safety also shares that the state has no plans of raising speed limits to 65 mph on additional roads. For now, drivers must drive at enforced speed limits or possibly face a mountain of traffic fees.

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. Firearms limitations imposed by the NY SAFE Act Here are the most important limitations that the NY SAFE Act imposes: A ban on high-capacity magazines: The law bans all “high-capacity magazines” and it doesn’t matter when they were manufactured or sold. A high-capacity magazine is “a magazine, belt, drum, feed strip, or similar device that” (1) can be readily accepted or be converted to accept over 10 rounds of ammunition, (2) contains over seven rounds of ammunition, or (3) the owner purchased it after Jan. 15, 2013, and could convert or restore it to hold over seven rounds of bullets. A background check requirement: Ammunition dealers who sell firearms must have a background check performed on them. This check is similar to that performed on the purchasers of guns. An assault weapons registry: The state must keep a registry of everyone who owns an assault weapon. Stolen guns reporting: The owners of guns must report stolen weapons within 24 hours of the theft. Were you accused of violating New York gun control laws? Knowing gun laws in detail will help you prevent getting in trouble for violations of weapons regulations. However, it’s still possible to make mistakes or to face an inappropriate weapons charge. Regardless of the situation surrounding your gun crimes accusations, you may want to investigate your legal options and formulate a well-thought-out criminal defense.

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 Not only can driving while drowsy be a distraction, it can also impair your judgement and ability to make good decisions. As a result, falling asleep behind the wheel can be deadly, for both yourself as well as other drivers. If you’re feeling sleepy behind the wheel, it’s best that you pull over and get some rest until you’re good to drive again. Don’t Eat and Drive In general, eating while driving isn’t necessarily viewed as a very risky behavior. However, eating and driving can result in a crash, especially if you happen to spill food or drink in your vehicle. Make time for meal breaks when you can, and refrain from eating on the go in an attempt to keep up with your hectic lifestyle. Save Smart Phones for Emergencies Not only is using a smart phone while driving dangerous, it’s also illegal in many states (including New York). Accordingly, either turn off your phone or set it to do not disturb while you’re driving. If you absolutely need to use your smart phone for an emergency, it’s best to pull over to the side of the road if at all possible.

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. Ethanol is the exact type of alcohol used in drinks such as: Beer Wine Liquor It is water-soluble, meaning that it can pass through membranes in the body via a process known as passive diffusion. Thus, after being consumed, ethanol moves through the lining of the stomach and small intestines into the bloodstream. It is then carried to the heart, then to the lungs where some of it vaporizes into a gas that accumulates in the alveoli (the lung sac). The gaseous ethanol then is carried out with each breath. This process continues, with the remaining ethanol in the blood vaporizing in the lungs at a rate that maintains equilibrium. What this means is that as one breaths, his or her BAC lowers. This dynamic process may contribute to the unreliability of breathalyzer measurements. While they are able to measure BAC, the fact that a person’s BAC is constantly changing with each breath may contribute to a much wider margin of error.

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. What knives are legal to carry in New York State? In New York State, it is legal to carry a hunting knife in your possession, as well as a dirk or dagger, and a stiletto. New York State, in contrast to New York City, does not have a specific restriction on the length of knife blades. In New York City, the length of any blade is restricted to fewer than four inches. What knives are illegal to carry in New York State? There are many types of knives that cannot legally be owned in New York State, but it can be quite confusing to determine what category your knife might fit into, and also whether you have the correct licenses. One of the most problematic types of knives are gravity knives. These are the blades that flip out with a flick of the wrist. These knives have many practical uses, and many people like to use them for every day tasks such as opening boxes. They are also used for hunting of fishing. In New York State, they are only legal when the owner has a valid hunting or fishing license. It is also illegal to own any knife that has a primary use as a weapon, including throwing stars, cane swords, metal knuckle knives and plum ballistic knives. If you have been found with an illegal knife in your possession, it is important to take action as soon as possible. The law can be contradictory at times and there are many strong defenses.

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. The first reaction that many may have when people deny any wrongdoing in cases such as this is to roll their eyes. Yet it should be remembered that people are innocent until proven otherwise, and deserving of the chance to refute any criminal allegations that are made against them. Those who may need help in mounting a defense to larceny charges may find it in the form of a seasoned criminal defense attorney. Source: Westchester Magazine “Mount Vernon Mayor Arrested on Charges of Grand Larceny: What You Need to Know” Zucker, Dave, Mar. 20, 2018

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. Per the New York Penal Code, your alleged assault is only considered to be aggravated in two scenarios. The first is if you are accused of assaulting a police officer or peace officer (that you know or reasonably should have known to be such) with a deadly weapon or dangerous instrument while he or she is in the course of performing his or her duties. The second is if you supposedly commit a third degree assault against one under the age of 11 after having been convicted of a similar offense in the last 10 years. Both offenses are classified as felonies (Class B and E, respectively). More information on defining assault charges can be found here on our site.

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. The hope is that even with charges pending against them, defendants in domestic violence cases will be afforded the benefit of the doubt while their cases play out. Yet as employers and organizations may not necessarily be legally bound to wait out criminal investigations before taking their own disciplinary action. Thus, defendants in such cases are likely motivated to have them resolved quickly (and fairly). Those hoping for such a resolution may be wise to secure the services of an experienced criminal defense attorney. Source: New York Post “Cops arrest college hoops coach for domestic violence after game” Feb. 26, 2018

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 According to FindLaw, if you can show that you meant to return the item even as you took it, you may be able to make a case for intending only to borrow, or perhaps you simply forgot to return it. It is not uncommon to defend against theft charges in this manner. Sometimes, people will offer to return the item to prevent prosecution or to show remorse. Although its return will not alter the charges, prosecutors may be inclined to work out a plea deal or reduce penalties. Intoxicated During Larceny It may sound silly, but intoxication may be a viable defense if you can show that taking the item was just a mistake. When a person is under the influence of drugs or alcohol, they may be unable to fashion the intent to steal. For example, if you grab someone else’s purse as you leave a party, you may not have been aware of it if you were inebriated. Entrapment If you have been coaxed into stealing something that you would not have taken otherwise, you may be able to claim entrapment. This can happen if the one who entices you suggests the theft, all with the intent is to arrest and prosecute you. You Own the Item Perhaps you lent something to a friend a long time ago and both of you forgot about it until you saw it again and took it home. This can easily happen when neighbors borrow lawn tools and forget to return them, or maybe it was a pair of designer shoes. Whether it is an honest mistake, an error or simply reclaiming your property, you may have several reasons for taking something. If you are facing theft or other charges, you may want to consider consulting an experienced defense attorney. This article is informational only; it should not be considered legal advice.

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. If you schedule a hearing, you must go unless you submit paperwork explaining you already paid a ticket assocaited with the violation on that same day and time or to explain your plates were stolen. You should receive a response before the hearing. If you do not, then attend the hearing. If you do not go to the hearing when you are required to do so, you will be found guilty and an additonal fine for failure to appear will be assessed. NOLs may be issued for running a red light, turning right on red in an area where it is not permitted, making a turn after the light turns red, not stopping completely before turning right on red or not stopping at the stop line. This information is for education and is not legal advice.

You may consider your relationship with your spouse or partner to be like any other in Mineola, experiencing the customary ups and downs that all romantic partnerships do. That may be the reason why the news of your being served with a protective order comes as such a shock. Your initial reaction may be to reach to your significant other to try and work things out. However, doing so could qualify as contempt of court, which, if you are found guilty of, could leave you facing criminal penalties. So what should you do in such a situation? First off, it is imperative that you understand the nature of the order. According to New York’s Consolidated Laws, criminal courts are empowered to issue temporary protective orders in cases where your spouse or partner is unable to promptly initiate a petition in family court. Such orders last for four days, during which time you are forbidden from contacting or approaching him or her at any of the following locations: At home At school At work A temporary order may also limit you to only having supervised visitation time with your kids. Again, these restrictions are only in place for four days with a temporary order, but may be extended at the courts discretion. As you prepare for the hearing that will determine whether the protective order against you will be extended, you should carefully review your recent interactions with your significant other to better understand what may have prompted him or her to seek this action. If you already have an idea of what it might be, consider talking to any outside parties that may have observed the action(s) in question in order to offer up the opinion of an impartial observer to your allegedly abusive conduct.

Like other criminal offenses, an assault and battery charge can have lasting consequences. A conviction can result in expensive fines and even jail time. Beyond that, it can seriously damage your personal and professional life. You could lose your job or professional license due to a criminal conviction. You might even have problems finding a new apartment in Mineola and other cities or run into various other complications due to your criminal record. This is why building a strong defense is so important to your future. There are a number of defense strategies available to people facing an assault and battery charge, depending on the specific circumstances of the case. One of these possible defenses might apply to your situation. Self-defense In general, self-defense is one of the most common strategies that people use to fight back against an assault and battery charge. In order for a such a defense to have a chance of success, there are four factors that must be present. First, you have to prove that you were facing a threat of harm or force. Second, you must prove that you were afraid for your safety and that you had a reasonable basis for this fear. Third, you must not have initiated or provoked the other person to threaten you. And, finally, you did not have a good chance of extricating yourself from the situation. Defending another person You might be able to claim that you were defending another person. You will have to prove that the same conditions existed as in a self-defense situation except that you were defending someone else. Like with a self-defense strategy, you will have to prove that you had a good reason to believe that the person you defended was under threat of harm. Defending your property You might be able to successfully claim that the assault and battery occurred because you were defending your property from invasion or another illegal act. For example, if someone tried to unlawfully enter your home and you used physical force to protect your property, the court might rule in your favor. However, keep in mind that the law is typically more divided in situations where someone is defending property or uses force in a property dispute. If you are facing an assault and battery charge, it is important to remember that you do have options. With the right defense, you might be able to successfully fight back against the charges and avoid a conviction.