Cimasi Law Blog

Many people here in Amherst and elsewhere do not consider speeding, running a stop sign or some other driving violation as serious infractions. After all, you probably will not end up in the back of a police car for most traffic tickets, so they may not seem that serious. The problem with this theory is that they could result in a suspended license, increased insurance rates and problems at work, among other things.

Each traffic ticket you ignore, whether received here in Amherst or somewhere else in New York, will add an average of three to five points to your license. If you receive enough points within around 18 months, you lose your license for a predetermined amount of time, or it could be revoked. This could make it difficult for you to get to work, run errands and engage in activities with family and friends. If you drive for a living, you could lose your job. Your insurance company could consider you a "high risk" driver as well and increase your rates.

How confident are you in your memory? What did you have for lunch last Friday? If you witnessed a crime, how sure are you that you could identify the perpetrator in a police lineup later?

Most people know that human memory is often imperfect. As time passes, details fade away. The power of suggestion, say from police questioning, can change the "facts" that you recall. Criminal cases that rely heavily on eyewitness testimony are notoriously difficult to prove beyond a reasonable doubt.

Going to college is often a young adult's first foray into independence. Being away from home for the first time can be a liberating and daunting experience at the same time. College students can easily make bad decisions that put them in the position of facing potential repercussions on two fronts -- New York's criminal courts, along with the college or university they attend.

On one hand, public intoxication, drunk driving, assault and more could mean criminal charges. On the other hand, the university or college may also require the student to attend an administrative hearing. If your college student gets into some sort of trouble, he or she may need help on both fronts.

According to Canadian sources, the new DWI laws that recently took effect in Canada allow Canadian police to demand breathalyzer tests from individuals who were reported to have been driving under the influence or erratically up to two hours before the arrival of police. Thus, individuals at their homes, bars, restaurants, etc. could be breathalyzed and potentially arrested for DWI if the police have some reason to believe they were driving recently under a Blood Alcohol reading above the legal limit. This is a significant exposure to anyone dining, partying, or travelling in Canada with a vehicle.