Cimasi Law Blog

Many New York residents take a misdemeanor or felony criminal charge seriously. However, when it comes to getting a traffic ticket, most people shrug them off and pay them just to move on with their lives. The problem is that could end up being a mistake since receiving enough points on a driver's license within a certain amount of time could result in a suspension, which would definitely disrupt their lives.

When Amherst residents take a trip downstate and into the city, they could end up getting a cited for a traffic violation in one of the five boroughs. When that happens, it would be prudent to deal with it as quickly and efficiently as possible. It may seem as though simply paying the ticket would do that, but again, it could have unforeseen repercussions. Individuals can plead not guilty, which would trigger a hearing in a New York State Department of Motor Vehicles Traffic Violations Bureau in front of an administrative law judge.

It would only make sense that the state of New York would not want people walking around with heavy firearms while intoxicated. The potential for disaster is almost guaranteed under those circumstances. Until Sept. 1, 2019, the legal limit for drinking and hunting was 0.10, but on that date, it was reduced to 0.08, which is the same legal limit for drinking and driving any motor vehicle, including boats.

Each house of the New York legislature passed the amendment by an overwhelming majority. The rationale is that if an individual cannot safely operate a motor vehicle, then hunting should be out of the question as well. Diminished judgment, perception and motor skills are no better for someone hunting than for someone driving after drinking.

Suffering injuries in an automobile accident can take a toll on your life in several ways. If involved in a car accident, the state of New York allows you to seek compensation for your losses. How you go about doing that and how long it will take depend on many things.

Every accident case is unique. There are times when people can reach settlement terms quickly, without having to go to court. There are also times when litigation is the only way to achieve maximum relief. No matter which way your case goes, seeking compensation all starts by reporting the issue with insurance.

Even being pulled over in a traffic stop is enough to make many Amherst residents nervous. They may feel as though they are obligated to answer any questions posed to them by police, and officers will not usually correct them. The fact is that the right to remain silent applies even before a person is placed under arrest, including during a "stop and frisk," during which officers have the right to briefly detain individuals when they reasonably suspect a crime was or is about to be committed.

Most everyone knows that, once under arrest, one has the right to remain silent and to talk to an attorney. However, there remains a gray area when it comes to exercising this right before an arrest. As far as the United States Supreme Court is concerned, there is no gray area, but when it comes to lower courts and appellate courts, some confusion continues to occur. Correcting this problem will more than likely take more people coming forward to complain about arrests resulting from the refusal to answer police questions prior to an arrest.