Vehicle and Traffic Law Amendments
top criminal defense lawyers will always keep informed of new developments in New York Law. It is also
important to determine if the law is retroactive and when the new law
or amendment in the law goes into effect.
Recently NYS Amended the Following:
1. Driver's License Suspension after a Drug Conviction -- In 1993 NYS
passed a law requiring a 6 month suspension of a motorists New York State
Driver's License or a 6 month delay in eligibility for a driver's
license if convicted of a misdemeanor or felony drug offense, including
juvenile or youthful offender adjudications. This is now a permanent law.
It is important for the motorist to know that the
criminal defense attorney can with good cause ask for a waiver of this suspension period
from the court.
2. Use of a Cell Phone While Driving -- Use of a cell phone can now act
as a primary violation of the New York State Vehicle and Traffic Law that
can independently justify a traffic stop. Previously, a motorist could
only be ticketed for the offense when stopped for committing another violation.
The offense also carries with it points. This is effective July 12, 2011
3. School Bus Drivers - List of Disqualifying Criminal Convictions has
been established to prohibit a person from being a school bus driver VTL
509-cc(4). Effective February 12, 2012.
4. Due Care to Avoid Hazard Vehicles -- All motorists are now required
to exercise due care to avoid colliding with a hazard vehicle. This includes
moving from the lane nearest the hazard vehicle. Effective August 17, 2011.
This is the one law that has been advertised on major highways. For example
on route 684 in Westchester County the law has been posted for months
to alert motorists to move from the lane adjacent to the emergency or
For any questions about the New York State Vehicle and Traffic Law or changes
to the law contact a
criminal defense attorney.