Vehicle and Traffic Law Amendments

Vehicle and Traffic Law Amendments

The top criminal defense lawyers will always keep informed of new developments in New York Law. It is also important to determine if the law is retroactive and when the new law or amendment in the law goes into effect.

Recently NYS Amended the Following:

1. Driver's License Suspension after a Drug Conviction -- In 1993 NYS passed a law requiring a 6 month suspension of a motorists New York State Driver's License or a 6 month delay in eligibility for a driver's license if convicted of a misdemeanor or felony drug offense, including juvenile or youthful offender adjudications. This is now a permanent law.

It is important for the motorist to know that the criminal defense attorney can with good cause ask for a waiver of this suspension period from the court.

2. Use of a Cell Phone While Driving -- Use of a cell phone can now act as a primary violation of the New York State Vehicle and Traffic Law that can independently justify a traffic stop. Previously, a motorist could only be ticketed for the offense when stopped for committing another violation. The offense also carries with it points. This is effective July 12, 2011

3. School Bus Drivers - List of Disqualifying Criminal Convictions has been established to prohibit a person from being a school bus driver VTL 509-cc(4). Effective February 12, 2012.

4. Due Care to Avoid Hazard Vehicles -- All motorists are now required to exercise due care to avoid colliding with a hazard vehicle. This includes moving from the lane nearest the hazard vehicle. Effective August 17, 2011.

This is the one law that has been advertised on major highways. For example on route 684 in Westchester County the law has been posted for months to alert motorists to move from the lane adjacent to the emergency or hazard vehicles.

For any questions about the New York State Vehicle and Traffic Law or changes to the law contact a criminal defense attorney.