DNA Testing

I am not always an early innovator but I recently made an investment in some cutting edge technology.

I purchased two DNA testing kits (one for me and one for my wife) from a company called Navigenics.  Genetic science has come a long way and it is undeniable that this type of testing will be common place in the near future.

So I get the kit in the mail which consists essentially of a test tube, instructions and a box to return the specimen.  You provide a saliva specimen in the tube and send it their laboratory in California.  They, then, analyze the specimen and provide a report which lists your predisposition to get 27 different diseases and illnesses including Prostate cancer, Alzheimer’s Disease, Glaucoma and Rheumatoid Arthritis.  Your personal genetic test results reveal exactly what you inherited, along with unique characteristics that may not be shared by your immediate family members.

The power in the results is it allows you to use the high risk hereditary information and take preventive measures including more aggressive early screenings, watching for symptoms, and preemptive treatments.  For instance, if you have a high propensity Breast cancer, you may decide to schedule mammography more often.  Lifestyle changes such as exercise and diet can also be customized based on your results.

Information is power and I cannot think of a more important topic about which to possess complete knowledge.  I eagerly await my results (although my fingers are crossed).  I hope this post has inspired you to obtain this valuable information.

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I Had The Best Day

I had the best day on Wednesday.  I went with some friends to the headquarters of the NFL Films in Mt Laurel, New Jersey.  Upon arriving, we saw a non-descriptive building in the middle of an office complex.  Little did we know what magic was contained within those walls.

Upon arrival, we were warmly greeted and ushered to a 100-seat movie theatre to watch a 2008 season highlight film.  There is nothing better to get you pumped for this tour then watching on a huge screen with amazing sound the best plays of 2008, including Santonio Holmes’ tip-toe catch to win last year’s Super Bowl.

We then learned that the entire building was built special for NFL Films and that it is essentially a movie studio with all phases of production under one roof.  From editing, colorization, special effects, music, etc, they do it all under one roof.  For instance, we toured an acoustically-designed space where up to a 70-piece orchestra can perform the original music composed for NFL Films’ productions (see right).

Adding to the luster of the tour was the multitude of football-related art, posters and photographs displayed throughout the hallways.  You’ve never seen so many Emmy awards in one place.  It was a like a museum of football art and memorabilia.  We were able to peak into Steve Sabol’s office and even see some of his original artwork.  Yes, in addition to his other talents, Steve is a gifted artist.  Right outside Steve’s office is an area called the Boardroom.  It is a alcove with shelves of old football games, unique footballs, antique football toys, etc, etc.  To the right is just one small sampling.

We were then treated with a tour of the “vault”.  The core of this shrine to football.  In the vault you can find the original film recordings of every NFL game in their collection plus much more.  It is kept cool to preserve the film and is huge.  Interestingly, the one troublesome issue is that the vault is quickly filling up.  They are running out of space and haven’t yet decided what to do about it.  It seems like they have room for 2 or 3 more seasons but, after that, they’ll have to make a change of some type.

We then went to the Telecine area where the films are finalized.  Examples of this process include adding a smidgen of blue to an overcast sky,  and replacing a poor sounding tackle with a better sounding one from their audio library of stock sounds.   There is a machine in this area that “polishes” the film during its final processing which costs $1.6 million (see photo to right).  Actually, they have 6 such machines!  Their facility is so complete and sophisticated that they actually do production and editing work for other companies.

We also saw the marketing area where deals are made to license clips from NFL games.  Apparently, on game day plus 3 days, NFL clips are considered “news” and there are available for free.  After that three-day period, however,  you need to pay NFL Films for the right to a clip.  Ten minutes could cost you roughly $20,000.  The really cool thing is that each play is categorized allowing a user to essentially “Google” anything they want.  You want Walter Payton running to the right on a snowy day, just enter the data and presto you have the clips you want to see.

For an NFL fan like me, it was a great day but it was about to get better.  Just when we thought we had seen it all, we were taken to the set of Inside The NFL and who greets us with a big smile?   Warren Sapp.  He joked around with us for a while and signed some autographs.  We were placed in the back and, then, in comes Phil Simms, Cris Collinsworth and James Brown.  We were able to watch them tape for about an hour and while they was great, the colloquy in between was even better.  They shared stories, busted on each other and just had a lot of fun.   My favorite story was when Phil Simms reminded Warren Sapp about the time that Sapp lost his diamond earring during warm-ups and how Phil spent his  pre-game time searching for it.  I told Cris after the taping that the behind the scenes stuff was better than the show, and he said “everyone says that”.

If the NFL Films crew wasn’t gracious enough, we were giving all types of NFL Films swag on the way out including NFL Films apparel, DVDs and an overnight bag.  We all left with huge smiles on our faces knowing that we’d never forget this special day. 

To see more photos from this magical day, check out my Facebook page, and to learn how I was able to score this great opportunity, visit my web site and complete a Contact Us form requesting the NFL Films tour info.

Texting And Driving Law Contains A Major Loophole

Having carefully read Vehicle and Traffic Law Section 1225-D (which becomes effective on November 1, 2009) with my New York traffic ticket lawyer eye, I have found a loophole in the law which is intended to prohibit motorists from text messaging and driving.  The loophole is so big that it will allow many to continue to text and drive and others to possibly beat such a traffic ticket issued for this offense.

A summons for violating New York Vehicle and Traffic Law §1225-D can only be issued if there is reasonable cause to believe the operator of the motor vehicle committed a separate violation of the law.

The above means that you must commit a second, separate traffic offense in order to be charged with illegally texting and driving.  So if an officer sees you text messaging and driving, he CANNOT charge you with a violation of Section 1225-D unless he also observes you committing another moving violation at the same time.  Essentially, this allows motorists to legally text and drive (despite the new law) as long as they do not otherwise break the law.

Another loophole exists for those charged with violating Section 1225-D as well as some other traffic offense.  If you can beat the other traffic violation, arguably the Section 1225-D ticket should also be dismissed as, with the dismissal of the other charge, there is no longer the separate violation of law predicate.  It is like buy one, get one free (or more accurately beat one, beat one free).

How does this predicate requirement make any sense?  How does this new law address the dangers of distracted drivers?  Someone was asleep at the wheel when they approved this statute (pun intended).

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Texting And Driving Illegal In New York Under VTL 1225-D

As of November 1st, 2009, New York motorists will no longer be able to read, write or send text messages while driving.  Driving and playing games on your phone or other device is also prohibited.  Finding that text messaging is an unsafe distraction to drivers, the New York Legislature enacted Vehicle and Traffic Law Section 1225-D imposing a $150.00 upon those who text and drive.

Section 1225-D will not apply if you are using your phone for a medical, fire or police emergency.   Police officers, peace officers, firemen and authorized emergency vehicle operators. are exempt from the law.

Under Section 1225-D, there is a rebuttable presumption that a person holding such a device in a conspicuous manner while operating a motor vehicle was using it in violation of the statute.  This presumption will make it harder for motorists to defend themselves from 1225-D traffic tickets.

One solution for motorists who cannot wait to read their tweets is to download a free Blackberry application called DriveSafe.ly which will automatically broadcast your incoming text messages and emails.

The actual law read as follows:

S 1225-D. USE OF PORTABLE ELECTRONIC DEVICES.

1. EXCEPT  AS OTHERWISE PROVIDED  IN THIS SECTION, NO PERSON SHALL OPERATE A MOTOR VEHICLE
WHILE USING ANY PORTABLE ELECTRONIC DEVICE WHILE SUCH VEHICLE IS IN MOTION.

2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL HAVE THE FOLLOWING MEANINGS:

(A) “PORTABLE ELECTRONIC DEVICE” SHALL MEAN ANY HAND-HELD MOBILE TELEPHONE,   AS  DEFINED  BY  SUBDIVISION  ONE  OF  SECTION  TWELVE HUNDRED TWENTY-FIVE-C  OF  THIS  ARTICLE,  PERSONAL  DIGITAL  ASSISTANT (PDA), HANDHELD  DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER, PAGER, BROAD-BAND PERSONAL COMMUNICATION DEVICE, TWO-WAY MESSAGING DEVICE, ELECTRONIC GAME, OR PORTABLE COMPUTING DEVICE.

(B) “USING” SHALL MEAN HOLDING  A  PORTABLE  ELECTRONIC  DEVICE WHILE VIEWING,  TAKING  OR  TRANSMITTING  IMAGES, PLAYING GAMES, OR COMPOSING, SENDING, READING, VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING
OR RETRIEVING E-MAIL, TEXT MESSAGES, OR OTHER ELECTRONIC DATA.

3. SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO (A) THE USE OF A PORTABLE  ELECTRONIC  DEVICE  FOR THE SOLE PURPOSE OF COMMUNICATING WITH ANY OF THE FOLLOWING REGARDING  AN  EMERGENCY  SITUATION:  AN
EMERGENCY  RESPONSE OPERATOR; A HOSPITAL; A PHYSICIAN’S OFFICE OR HEALTH CLINIC; AN AMBULANCE COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR A POLICE  DEPARTMENT,  (B)  ANY  OF  THE  FOLLOWING  PERSONS  WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES: A POLICE OFFICER OR PEACE OFFICER; A MEMBER OF A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR THE  OPERATOR OF AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ON OF  THIS CHAPTER.

4.  A  PERSON  WHO HOLDS A PORTABLE ELECTRONIC DEVICE IN A CONSPICUOUS MANNER WHILE OPERATING A MOTOR VEHICLE IS  PRESUMED  TO  BE  USING SUCH DEVICE. THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION IS REBUTTABLE
BY  EVIDENCE  SHOWING  THAT THE OPERATOR WAS NOT USING THE DEVICE WITHIN THE MEANING OF THIS SECTION.

5. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZING  THE  SEIZURE  OR FORFEITURE OF A PORTABLE ELECTRONIC DEVICE, UNLESS OTHERWISE PROVIDED BY LAW.

6. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE  THAN  ONE  HUNDRED  FIFTY DOLLARS, PROVIDED,  HOWEVER,  THAT  A  SUMMONS  FOR  OPERATING A MOTOR VEHICLE IN VIOLATION OF THIS SECTION SHALL ONLY BE ISSUED WHEN THERE IS REASONABLE CAUSE  TO  BELIEVE  THAT  THE  PERSON  OPERATING  SUCH MOTOR VEHICLE HAS COMMITTED A VIOLATION OF THE LAWS OF THIS STATE OTHER THAN  A VIOLATION OF THIS SECTION.

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Can You Go To Jail For A Speeding Ticket?

Can You Go To Jail For A Speeding Ticket?

Believe it or not, the answer is “yes”.  In New York, you can be sentenced to up to 30 days for speeding.  Of course, imprisonment for speeding is rarely imposed.  Rather, it is relegated to only the most egregious instances.  You can read a funny anecdote about one of our client’s who was faced with this “honor” but today I write about another even more serious situation which recently occurred in Monroe County.

A police officer clocked a 2001 Audi at 110 mph this week in the up-state New York town of Greece.  The motorist tried to get away and a 13-minute, high-speed chase through various residential neighborhoods ensued.  The speeder temporarily lost the officers by turning off his lights but neighbors called 911 to help the police re-locate him.  Eventually the 21-year old motorist was cornered.  Instead of giving up, he made a very poor decision … he backed his Audi into the police car.  The officer tried to arrest this speed demon but he resisted.  You can see photographs and a video report of the incident.

Fortunately, no was hurt but you can bet that this young man will be getting more than a few points and a fine.  He was charged with driving while intoxicated, reckless driving and a whopping 56 traffic tickets.

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A Night At The Museum (Literally)

A Night At The Museum

It is only Thursday but I am really looking forward to this weekend.  My 2 oldest kids (12 and 9) and I are going to sleep over at the Museum Of Natural History.  Yes, just like the movie.

We’ll be among 300+ other parents and kids sleeping under the museum’s Humpback whale.  We’re bringing our flashlights and planning on exploring the dinosaur floor at night, see an Imax movie and just have a grand old time.  It’s one of those once-in-a-lifetime experiences that get me jazzed.

My wife isn’t coming as she needs to stay with my little guy (5) but, to be honest, she has no interest in leaving her Sleepy’s mattress behind for a small cot and sleeping bag.   I, on the other hand, can’t wait.

Adding to the fun will that we’re going with my business group (the Entrepreneurs’ Organization) so I’ll be among 35 friends and their families.  It’s going to be a big party!

What kind of unique experiences have you had?  Please share as I am always looking for new frontiers to conquer.

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Motorcycle Law: Driving Between Lanes

Motorcyclist Driving Between Lanes In New York City

When you drive a motorcycle between traffic lanes, you are committing a 2-point moving violation called “driving between lanes”.  New York City police officers issue many tickets for this type of offense each year.

Motorcyclists engage in this maneuver to weave through traffic.  While it may be effective for getting around, it is very dangerous to drive between lanes. A motorist could change lanes into you, a parked driver could open his or her driver’s side door and hit you (or you hit it), or a motorist could drift within his or her lane and strike you.  Motorcyclists driving between lanes are often traveling within the blind spots of nearby motorists.

While this ticket is usually issued to motorcyclists, it is also issued to those driving scooters, Vespas and other two-wheeled vehicles.

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Traffic Lawyers Gets A Traffic Ticket (Part 4)

After waiting almost 30 days, I pled not guilty and got a court date as far away as possible.  I did very well by getting a March 2010 date.  The case will be 7 months old when it is first scheduled and I can “buy” another 3 to 5 months with just one adjournment.

With traffic tickets, time is on the side of the motorist.  The longer out you can get it, the better.  Officers’ memories fade, notes get lost, etc.

A funny thing about this incident is the amount of feedback that I have gotten from friends, family and clients.  There is a strong consensus that it is very comical that a traffic lawyer got a traffic ticket.  People I didn’t even know read my blog are coming up to me with big grins saying things like “I hope you know a good lawyer?” and “How could YOU get a ticket, don’t you know the traffic laws?”.

I guess overall I should thank the officer for issuing me the ticket.  Its given me great blogging material and got people talking.

Stay tuned in March for a further update.

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I Have A Secret

Jets Huddling Up Prior To Home Opener Against The Patriots

I have a secret.  I’ve kept it quiet for 5 weeks but can no longer contain myself.  I’ve been cheating on you, my readers.  Not another woman … rather another blog.  Since the beginning of the season, I have been blogging for NFL.com about the New York Jets.

I am a die-hard Jets fan and watch every game anyway. So, when the opportunity arose, I asked why not?

Anyway, I “come out of the closet” now because my most recent Jets post allowed me to call upon my knowledge of traffic law and speeding ticket.   In a post called “Edwards Brings Baggage“, I discussed the Jets’ recent trade acquisition Braylon Edwards including his lead-footed past.  Below is the post.

“I am as excited as any Jets fan about the acquisition of Braylon Edwards. In fact, I am too excited. I haven’t been this excited about a trade since the Mets got Gary Carter. In fact, I am already on record predicting that he will provide a huge boost to the Jets’ offense. With that said, we need to keep in mind that Edwards has a dark side that must be kept in check if he is going to reach his full potential for Gang Green.

In March 2009, Edwards was out drinking with Donte Stallworth (allegedly running up a $2,500 bar tab) the night of Stallworth’s tragic vehicular homicide in Miami. Stallworth ran over a 59-year old pedestrian with his Bentley. Surely, Edwards could have gotten involved in stopping his teammate from driving while intoxicated.

Last November, he was found guilty of speeding 120 mph. Now, when I am not blogging for the Jets, I run a law firm that fights traffic tickets throughout New York. I can tell you that out of the thousands of tickets we defend each year, we RARELY see someone with such a high speed. Such conduct shows immaturity, disrespect for the law and total disregard the safety of himself and others. Indeed, such a speed can be punishable with jail time, so don’t think of this as just a simple traffic violation.

Then just this week, Edwards was charged with punching a diminutive Edward Givens in downtown Cleveland during the early morning hours following the Browns’ overtime loss to Cincinnati. Givens is only 5-7 and 130 pounds so this was anything but a fair fight (allegedly instigated by Edwards) against the 6-3 and 215-pound Edwards. Givens is a friend of Cleveland Cavs star LeBron James and it has been said that Edwards was motivated by jealousy of LeBron’s stardom. Edwards has publicly spoken out about LeBron on a few occasions including chastising Lebron for wearing Dallas Cowboy garb at a Browns home game.

Jets fans, don’t be surprised if Commissioner Roger Goodell disciplines Edwards for violating the NFL’s personal conduct policy for this incident. Indeed, don’t be surprised if a one- or two-game suspension is handed down.”

What do you think?  Pretty good for a traffic lawyer?

In any event, of the 1,000s of speeding tickets which my firm has defended, we’ve only had a handful as high as Braylon Edward’s 120 mph ticket.  It therefore makes me happy that the Jets can upgrade their wide receiving corps while at the same time bring to town a potential client.

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New Way To Avoid A Speeding Ticket?

Cop Shakes Hands With The Governor Instead Of Issuing A Speeding Ticket

It is quite common for someone to try and talk their way out of a speeding ticket.  I’m late for work.  I have to get to the bathroom.  Etc, etc.

But one South Carolina man actually came up with a novel excuse, and it worked.  A Highway Patrol Trooper stopped a dark-colored sedan along the heavily-trafficked Interstate 385 for speeding but let him go without a speeding ticket.  Apparently, the man was speeding 85/65.

When asked why he was going so fast, the driver said that he was transporting the Governor.  After the officer peered into confirm that the Governor South Carolina was, indeed, his passenger, and after shaking the Governor’s hand, he let the driver go without even a warning.

Governor Mark Sanford is best known for going AWOL in South America to continue an affair he was having with an Argentinian woman.  State lawmakers may even try to impeach the Republican governor who has about 15 months left in his term. Ironically, in 2006, Sanford’s office was highly critical of the lieutenant governor when the Highway Patrol twice stopped him for speeding but did not issue tickets.

This incident is reminiscent of New Jersey Governor Jon Corzine’s April 2007 car accident where he sustained critical injuries as a passenger failing to wear his seat belt.  The Governor had been a huge proponent and public image of the “click it or ticket” campaign resulting in 100s of New Jersey drivers receiving traffic tickets for failing to wear a seat belt.  Like Sanford’s driver, Corzine was not issued a summons despite not wearing a seat belt.

Click here to see a video of the Sanford traffic stop.

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