Thursday, December 18, 2008

New York Junior License and Suspension for Moving Violation Traffic Tickets

As a Westchester County and New York City criminal defense attorney, I receive many calls from prospective clients who have just received a traffic ticket and currently hold a Junior License.  The first question always is, "Can I lose my license as a result of this ticket?"

New York State Vehicle and Traffic Law (VTL) Section 510 governs suspensions and revocations of certain class  DJ (commonly known as Junior Licenses).  Under this section, the holder of a Junior License may have their privilege to drive in New York State suspended or revoked for various reasons, including a conviction for what the Law classifies as a "serious traffic violation". That term is further defined in the section and includes, but is not limited to, violations such as red light and stop sign violations, and certain speeding tickets. 


Accordingly, the consequences of pleading guilty to certain traffic tickets while holding a Junior License can be severe and individuals faced with this situation should consult a qualified
attorney prior to agreeing to enter into a plea.

Friday, November 14, 2008

New Rochelle City Court



In the first of our series highlighting local criminal courts, we focus on New Rochelle City Court. The New Rochelle City Court has jurisdiction over both civil and criminal cases originating within the City of New Rochelle. In the category of criminal law, the New Rochelle criminal court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.

The New Rochelle Criminal Court part also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.

The New Rochelle City Court is located at 475 North Avenue, New Rochelle, NY 10801. The Court Offices may be reached at (914) 654-2207. As of the writing of this blog, the three Judges sitting in New Rochelle City Court are the Hon. Preston S. Scher, Hon. John P. Colangelo, and Hon. Gail Rice.



Tuesday, November 11, 2008

DWI and DWAI in New York

DWI and DWAI are two of the most common charged offenses in New York affecting teens, baby-boomers, blue and white collar workers. The consequences of a DWI or DWAI conviction are far reaching and can range from a low fine and temporary driving suspension to extensive fines, a license revocation and jail time.  
Recently enacted DWI and DWAI statutes can be confusing and accordingly, it is important for any individual charged with one of these offenses to consult the services of an experienced Westchester County criminal defense attorney or New York City criminal attorney to navigate through the maze of statutes that cause these individuals to be subjected to such things as license suspension for refusing to take a chemical test, mandatory screening for substance abuse, treatment programs and potential probation or jail time.  
In New York, the statutory blood alcohol content limit is .08%.  Studies show that depending on your health, height and weight, that level is easily achieved with just a few drinks.  Further, it is important to note that DWAI and DWI charges stem from a person's "operation" of a motor vehicle. Operation may be demonstrated by simply being observed sitting in the driver's seat with the keys in the ignition.  
In these situations, it is important to retain the services of a skilled
Westchester County criminal defense attorney or New York City criminal attorney to ascertain the strength of the charges, the ability to challenge a breathalyzer test or chemical test, and the reason for the stop by the police. 
Future articles will focus on the different elements of the DWI or DWAI arrest.







Saturday, October 25, 2008

Welcome to the Blog

Welcome to the New York Criminal Defense Blog hosted by the Law Offices of John P. Pettinella. We hope to provide a lively discussion of topics which impact our clients. In the coming months, articles will be posted discussing such matters as DWI/DWAI, Assault, Criminal Possession of a Controlled Substance, Gun and Weapons Charges, Gambling, Robbery and Larceny, and a host of other issues.

If you have been arrested or under investigation, please refer to our website:

http://westchester-criminal-attorney.com

or call us at 914-713-0505