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The number of points you will receive for being convicted of a New York State speeding ticket varies depending upon how fast over the speed limit you were convicted of exceeding. Speeding from 1 – 10 MPH over the limit is a 3 point violation. Speeding from 11-20 MPH over the limit is a 4 point violation. Speeding from 21 – 30 MPH over the limit is a 6 point violation. Speeding from 31 – 40 MPH over the limit is an 8 point violation. Speeding 41+ MPH over the limit is an 11 point violation. But wait, there’s more.  Continue reading

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The CSA is the Federal Motor Carrier Safety Administration’s data driven safety compliance and enforcement program.  The CSA score affects any interstate carrier that has a US DOT number. The CSA enforcement program tracks drivers’ personal accident history. The number of accidents truckers have, whether ore not their fault or not, determine what type of action the CSA may take against them, if an employer will hire them, and if a shipper will employ the trucking company.

Driver Violations and your CSA Score

There are 670 possible violations within six categories. The CSA scoring system takes into consideration all DOT-recorded accidents. Incidents are scored on a numeric basis. There are 12 red-flag violations that are the most severe. For example, a trucker operating a commercial motor vehicle without a CDL will get penalized with eight points. A driver using or in possession of drugs gets hit with a 10-point violation.

CSA violation categories include:

Unsafe Driving – Moving violations and auto crimes. These include speeding, lane change, reckless driving, improper lane change, etc.

Fatigued Driving – driving out of compliance with hours-of-service requirements, or driving while sick or tired.

Driver Fitness – Unfit to drive because of improper certification or being medically incapable

Controlled Substance – Not just driving under the influence of alcohol or illegal drugs, but being in possession of illegal drugs or illegal possession of prescription drugs or over-the-counter medication misuse

Vehicle Maintenance – failing to maintain mechanical issues like lights, brakes, or a shifting load

Cargo-Related – violating hazardous material regulations, not having proper paperwork

Crash Indicator – repeatedly involved in state reported crashes

Chart of common moving violation CSA Points

Violation

CSA Points

Texting / cell phone while Oper a CMV

10

Failure to obey traffic control device

5

Failing to dim headlights when required

3

Following too close

5

Improper lane change

5

Lane restriction violation

3

Failure to maintain lane

5
Improper passing

5

Unlawful parking

1

Reckless driving

10

Railroad violation

5

State/Local Laws – Speeding 6-10 MPH over the speed limit

4

State/Local Laws – Speeding 11-14 MPH over the speed limit

7

State/Local Laws – Speeding 15 or more MPH over the speed limit

10

Failing to use seat belt

7

Driving over time restrictions

7

As a commercial driver or the goal is to keep the CSA score low. A major factor in keeping it low is getting clean roadside inspections. Federal regulations mandate that inspection details be transferred from states to the FMCSA within three weeks. There are five levels of inspections:

Level I and Level II – most detailed inspections, covering all driver and vehicle safety issues

Level III – inspection of driver and hazardous materials issues only

Level IV – examination of special items, like cargo tanks

Level V – inspection of vehicle only

Results of your CSA score get recorded on you your pre-employment screening record (PSP record) maintained by the FMCSA. The PSP report includes your five-year crash and three-year inspection history. The PSP record does not assign a point value or score.

Inaccurate pre-employment screening record (PSP record), they can be appealed through FMCSA’s DataQs online system. Drivers can also obtain a complimentary copy of their PSP report from the carrier choosing to hire them through the Fair Credit Reporting Act. Sole-proprietor drivers can get a copy of the PSP report by paying a fee.

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When you pay a speeding ticket or other moving violation, the local justice court and town or village that hears your case profits greatly from the fines you pay. The latest statistics paint a grim picture of the cash grab out of the local courts. In 2015 alone 11 local Westchester County town and village traffic courts collected  Continue reading

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Each and Everyday in New York, people are arrested when the initial contact with the police is from a simple motor vehicle stop. When you find yourself pulled over by the police, this tips will avoid having the situation escalate beyond a traffic stop.  Continue reading

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Since Friday January 27th  the world has gone nuts over President Trump’s Executive Order banning immigration from certain countries. Even though I am a NY traffic ticket defense lawyer, I thought this to be a good time to analyze legally what’s really going on. The 2 main issues are the authority to issue an Executive Order, and what it means to have Due Process rights in the United States.

What an Executive Order Is

There are Continue reading

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Under NY law, there are instances when the ticket a cop wrote is invalid on its face and, if you know the law cannot be enforced in court and must be dismissed. However, this knowledge and legal work must be known and done by YOU, because the court is not there to be your advocate. The circumstances which give rise to your ticket being invalid on its face is when  Continue reading

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Often time when accused of a crime or traffic infraction people want to explain their side of the story to defend themselves. This is often not wise, as what people believe will exonerate them often ends up helping the prosecution’s case in convicting them. This is because  Continue reading

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Every single day people confess to the police. It never ceases to amaze me as to why. You should never, ever talk to the police. Period. However, if you don’t believe me,then perhaps you will believe former United States Supreme Court Justice Robert Jackson when he says, “[A]ny lawyer worth his salt will tell the [client] in no uncertain terms to make no statement to the police under any circumstances.” Watts v. Indiana, 338 U.S. 49 (1949).  Continue reading

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Beginning Jan. 22, 2018, travelers from Kentucky, Maine, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina, and Washington will no longer be able to travel with only their driver’s licenses for domestic travel. This is because Continue reading

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New York City Toll gates at bridges and tunnels will soon be a thing of the past as a cashless system is rolled out, Gov. Cuomo announced Wednesday December 21, 2016. Beginning in January the new system will be featured at the Queens-Midtown and Hugh Carey tunnels, and then throughout the year at the Rockaway, RFK, Verrazano-Narrows, Throgs Neck and Bronx-Whitestone bridges.

 

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