Many people feel that the traffic court system is designed to maximize municipal profits by discouraging ticket recipients from challenging those tickets. Nowhere has this policy been made more official than in the Indianapolis traffic courtroom of Judge William Young, whose alleged conduct has brought a class action lawsuit upon him. The suit … [Read more...]
Two Articles from This Blog Featured on GetLegal.com
Two articles that originally appeared on this blog were recently featured at GetLegal.com. One article which originally appeared here was published at GetLegal at the very end of last month: COMMENTARY: Fetal Homicide Laws & Legal Abortion - The Common Denominator The other article which originally appeared here was published this past … [Read more...]
After Gant, Is New York’s Car Search Rule Stricter, More Lenient or Juuuust Right?
Last week, the Supreme Court announced the groundbreaking decision of Arizona v. Gant, significantly limiting the police's ability to conduct searches of automobiles "incident to a lawful arrest" without either a warrant or probable cause. Before the Gant case, however, New York courts have consistently interpreted the State Constitution much more … [Read more...]
Driving While Intoxicated (DWI) When You’re Not Actually Driving???
In New York, pursuant to NY VTL § 1192, one may be convicted of the serious criminal offence of Driving While Intoxicated ("DWI") if he "operate[s] a motor vehicle" while legally intoxicated. The question is: What does it mean to "operate a motor vehicle"? Is it enough to turn on the engine to violate the statute? Can you be arrested for walking … [Read more...]
How to (Possibly) Avoid a Cell Phone Ticket in New York
In this post, I am speaking in my personal capacity, and not in my capacity as an employee of the law firm. I want to offer my theory regarding how the NY Cell Phone statute should be interpreted narrowly so as to allow one to use the speaker phone feature of a phone while holding it in the vicinity of the chin. And I would like to illustrate this … [Read more...]
How to Get Out of an Insurance Card Ticket
Our office has a significant criminal and traffic ticket defense practice and we therefore come across many of the common mistakes made by both the police and the individuals who are ticketed by them. For 10-15 years, many of the firm's traffic court clients, who receive insurance card tickets, have reported that the police have told them to send … [Read more...]
Confiscatory Texas Town Officials Subject to RICO Prosecution?
I talking with my employer, Elliot Schlissel, Esq., about my post yesterday regarding the case of the Tenaha, TX police department's use of apparently unreasonable searches and seizures to obtain money and property from travelers through their town to bolster their local budget. I told him that the individuals involved are being sued for violations … [Read more...]
Police Stop, Search & Confiscate Everything You Have…?
The Chicago Tribune has just picked up on a story from over a month ago at mysanantonio.com. The Texas town of Tenaha is using a state forfeiture law that gives the police the right to seize any property used in a crime to bolster that department's budget. Police officers have been using this law to stop cars traveling through their tiny (pop. … [Read more...]
Is Parallel Parking Prohibitted in New York?!
[youtube=https://www.youtube.com/watch?v=dJ-loe3xXLg&feature=related] Is parallel parking prohibited in the State of New York? Based on the relevant provisions in New York Vehicle and Traffic Law ("VTL"), I can't see how it is permitted. So I'm hoping for some help out there. Here are some of the relevant statutes: VTL § 1202 (a) Except when … [Read more...]
When Can the Police Pat You Down?
As an appropriate follow up on this post from Monday about the Court of Appeals, Second Circuit's decision a few days ago, the Supreme Court ruled on Monday about a related matter. In Arizona v. Johnson, the Supreme Court released a unanimous decision clarifying when a "pat down" for weapons is or is not in violation of the 4th Amendment … [Read more...]