Albany Legal Issues Blog

As with every other state in the nation, it is illegal to drive in New York without a valid driver's license. However, there is a distinction made between driving a vehicle without having proof of a license and driving a vehicle with no valid license. Operating a vehicle with the knowledge that one's license is invalid in some way, such as being suspended, is a more serious offense.

There are different penalties a driver may suffer if they are operating with no license or fail to provide a license when pulled over by law enforcement. The driver may be issued a ticket, have their vehicle impounded or even sent to jail.

For some drivers in New York, traffic tickets could be extremely expensive. Other drivers may walk away with points against their license, which could result in an increase in their insurance premiums or even a license suspension. However, there are some ways that drivers who have been ticketed can challenge the violation.

If the ticket involved the use of an officer's personal opinion, drivers could potentially challenge the judgement. For example, a driver could argue that a lane change was safe based on the traffic conditions and the weather at the time. If a driver received a speeding ticket, he or she may be able to argue that going faster than the speed was safe due to the speed of the other vehicles. Some drivers may also be able to challenge the traffic ticket by arguing that the ticketed driving was necessary to prevent an accident. For example, this defense could be used if the driver had to make a sudden lane change to prevent being hit by another car.

A radar gun is a tool that police officers may use to determine how fast a vehicle is traveling. In some cases, it can be used as evidence that a car or truck was exceeding the speed limit. However, like any tool, it can provide inaccurate information, and it is possible to challenge a radar gun reading in court. An individual may assert that the device was not properly calibrated or tested.

Ideally, a radar gun will be calibrated after each use. Furthermore, the gun should be calibrated using the tuning fork to ensure that it is done correctly. If it is not done often enough or in the proper fashion, a driver could argue that any reading it produces is flawed. Drivers might obtain maintenance records to prove that a radar gun was not properly tested prior to being used in a given case.

Most New York residents understand what it means when they see a stop sign or a red light. However, there are times in which a motorist may not come to a complete stop or deliberately disobey the rule. Drivers may be cited if they perform a rolling stop or do not adhere to right-of-way laws in the jurisdiction where the infraction takes place.

In some cases, a traffic light will have a red arrow in place of or addition to a red light. Drivers may not make a turn at a red arrow. If a driver violates the law, they could be pulled over by a police or have their picture taken by a traffic camera. All 50 states have laws regarding drivers who fail to obey a traffic light or stop sign.