Nassau County Announces Tough Stance on Cell Phone Tickets

Effective immediately the Nassau County Traffic & Parking Violations Agency (NCTPVA) located at 16 Cooper Street in Hempstead has changed their policy on Cell Phone and Electronic Device tickets.

Under New York State Law a plea of guilty to violating Vehicle and Traffic Law Sections 1225(c) or (d), Using a Cell Phone or Electronic Device While Driving, will result in five (5) points on your New York State driver’s license.  As many people are aware points on your license may lead to increased insurance premiums.  If you receive six or more points on your license you may also be subject to the Driver Responsibility Assessment Fee imposed by the DMV.

In the past the NCTPVA has been very reasonable in plea-bargaining Cell Phone and Electronic Device tickets. Depending on your driving record such tickets have had the possibility of being reduced to three (3) or less point violations.

However that plea-bargaining leniency has changed with the Court’s newly announced Distracted Driver Education Program. Under this initiative a motorist must admit to Improper Use of a Cell Phone or Electronic Device and waive their right to appeal. They will then be allowed to plead to Tailgating, a four (4) point violation, and must pay a $283.00 fine. The motorist is then required to purchase and install in their car an approved cell phone control device within 10 days. The device will monitor whether the person operates an electronic device while driving in violation of the law. This device must remain in the motorist’s vehicle for 90 days. On the next court date, the motorist must provide the Court with a print out of the report generated by the device. The Court will then determine whether the motorist has complied with the terms of the agreement. If so, the motorist will be allowed to vacate their plea to Tailgating and instead plea guilty to a no point Parking ticket. If the motorist fails to comply with the conditions of the program then their plea to Tailgating will remain on their driving record.

If this program sounds onerous and excessive for a simple traffic ticket it’s because it is. But if you go to the NCTPVA to fight a Cell Phone or Electronic Device ticket it is the only offer that the prosecutor is authorized to make you.

However, there is still another way to fight a Cell Phone or Electronic Device ticket at the NCTPVA. Hire an experienced attorney who is familiar with the appropriate discovery demands and motions that can be made on such tickets.

The Law Office of David Galison, P.C. specializes in traffic ticket defense. We know the timelines for when discovery requests must be made and when appropriate motions may be filed. We regularly appear at the NCTPVA and frequently have motions to dismiss granted for legal technicalities.

CALL US TODAY TO SCHEDULE A FREE CONSULTATION, 516-242-4477.  We look forward to speaking with you and fighting your Cell Phone or Electronic Device Ticket, as well as any other tickets you may have received.

Kristin Galison Receives Esteemed Avvo Clients’ Choice Award for 2016

The Law Office of David Galison, P.C. is proud to announce that Kristin Galison has received the esteemed Avvo Clients’ Choice Award for 2016.  Ms. Galison zealously advocates on behalf of each and every one of her clients and has gained the reputation as being a resulted driven attorney. Kristin Galison regularly appears in traffic courts throughout Nassau and Suffolk County, as well the Traffic Violations Bureau in all five boroughs.  She has expertise in handling all moving violations, including but not limited to charges of driving with a suspended license, speeding, reckless driving, passing a school bus, unsafe lane change, driving while intoxicated and driving while ability impaired by drugs.

Click here to read the most recent client reviews and to learn more about Kristin Galison. http://www.avvo.com/attorneys/11501-ny-kristin-galison-4692698.html

Nassau County Jury Returns Surprising Verdict in DWI Murder Case

On February 11, 2016, a Nassau County jury found 28-year-old James Ryan guilty of Manslaughter and Aggravated Criminally Negligent Homicide, among other charges.

Ryan allegedly had a blood-alcohol level of 0.13 when he was driving home on the Long Island Expressway almost four years ago and crashed his car. He fled that accident scene only to crash his car again further down the road. Officer Olivieri of the Nassau County Police Department responded to the scene and was killed when the driver of another vehicle hit into him. No criminal charges were brought against that driver.

The death of Officer Olivieri is a tragic loss for his family, the police department and the citizens of Nassau County whom he protected. There is no denying that.  However I believe that the verdict in the case against James Ryan is wrong.  Yes, Ryan was drunk driving on October 18, 2012 and yes, that is a crime. Should he have been found guilty of Driving While Intoxicated? Absolutely. But should he have been found guilty for the death of Officer Olivieri? No. It is my opinion that the death of Officer Olivieri is too far attenuated from Ryan’s drinking and driving to have found him guilty of homicide. The person at fault for the officer’s death is the other driver.  The other driver clearly wasn’t paying enough attention while driving on the Long Island Expressway that night because if he had been he should have seen Olivieri’s police vehicle, as well as Ryan’s damaged vehicle before coming up the scene and striking the officer.  That’s not to say that his actions make him criminally liable for the officer’s death, but neither do Ryan’s actions.

The Nassau County District Attorney’s Office has a history of pushing the limits and setting precedents in DWI cases. They are one of the toughest, if not the toughest county in New York State in their plea bargaining guidelines for DWI cases. The Nassau County District Attorney’s Office was one of the first in the country to successfully convict a DWI driver of murder. The office made national headlines in 2006 in the case against Martin Heidgen when a jury appropriately found Heidgen guilty of two counts of depraved indifference murder after slamming his truck into a limousine and killing a seven year old passenger and the limo driver.

While I commend the District Attorney’s Office for taking a hard stance against DWI cases giving its prevalence on Long Island, I think they went too far in the case against James Ryan. This verdict sets a dangerous precedent for future cases. Imagine the following scenario:  An officer pulls a motorist over for speeding on the Long Island Expressway. The motorist pulls over to the side of the road but to an area where there is barely a shoulder. As the officer walks towards the pulled over vehicle, another car drives by and strikes the officer.  Is that speeding motorist liable for the death of the officer? The verdict in the Ryan case seems to indicate that he would be. Both DWI and Speeding are against the law and in the Ryan case and in my hypothetical an officer was killed as a result of investigating the crime. So where do you draw the line? This recent verdict has the potential to lead to a very slippery slope.

I am sure that Ryan will appeal the verdict in his case and I am very interested to see what the outcome will be.

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About Kristin Galison Esq.

Kristin Galison is a former Nassau County Assistant District Attorney experienced in all aspects of criminal law. Ms. Galison was assigned to several bureaus during her tenure with the office including District Court where she specialized in Driving While Intoxicated (DWI) cases and County Court where she prosecuted both misdemeanor and felony cases.

Kristin Galison, Esq. routinely handles both Misdemeanor and Felony DWI/DUI Cases,  and Felony Criminal Charges. The office routinely represents clients in Nassau, Suffolk and Queens County courts. Call the Law Offices of David Galion, P.C. at (516) 242-4477 for more information.

For more info visit: www.galisonlaw.com