New York Traffic Laws Help Make Its Residents The Least Free In The Nation

New York  is the most restrictive state in the country.  That is, according to an index of personal and economic freedom recently released by the Mercatus Center of George Mason University.  The goal of this project was to measure how restrictive is each state from  an individual rights perspective.

Not unsurprising, various vehicle and traffic laws were a significant part of the equation including speed surveillance cameras, red light cameras, seat belt laws, cell phone laws, motorcycle helmet laws, bicycle helmet laws, sobriety check points and laws requiring residents to maintain auto insurance.  Other non-traffic related factors included gun control laws, alcohol sale restrictions, taxes on beer, wine and spirits, asset forfeiture laws and campaign finance laws.  Dead last was New York State.

Given that Albany uses DMV rules and regulations to “tax” its residents, it is not surprising that the many DMV fees, surcharges, fines and laws have resulted in New Yorkers being the least free in the nation.  By the way, the “freest” state is New Hampshire.  The New Hampshire politicians apparently taken to heart the state’s motto …. “Live Free Or Die”.

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Times Square & Herald Square To Be No-Drive Zones

Starting Memorial Day, Broadway from 32nd Street to 35h Street and 42nd Street to 47th Street will be transformed into pedestrian plazas.  The experiment will continue through the end of 2009.  The goal is to hopefully improve traffic flow along downtown Seventh Avenue, which currently is one of the most congest roadways in the world, as well as along uptown Sixth Avenue.  The pedestrian plazas will eliminate the cross-overs (aka X-like intersections) currently there which tend to slow down traffic.  For instance, in the photo below, the far left-hand traffic lanes will be converted to a pedestrian plaza.

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The Worst Highway In America Located In New York City

The Cross Bronx Expressway is the single worst highway in America.    It’s 8.3 miles contain 4 of the country’s 11 worst bottlenecks, and the greater Metropolitan area has 19 of the nation’s worst 50 choke points.

The four Cross Bronx Expressway choke points are:

• The west-bound approach to Exit 4B at the Bronx River Parkway (average speed is 11 mph)
• Westbound exits at the Sheridan Expressway
• White Plains Road
• Westchester Avenue

The data was gathered by INRIX, a traffic-research firm using GPS data from participating drivers.

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Best Locations To Park In New York City

CBS reports that only a handful of New York City parking tickets were issued last year at the following locations:

• Willowbrook section of Staten Island – The stretch around Willowbrook and Birchard.
• Springfield Gardens, Queens — 128th Drive between 233rd Street and Francis Lewis Boulevard
• East New York, Brooklyn – Linden between Emerald and Ruby
• Country Club section of the Bronx – Stadium Avenue between Watt and Middletown Road

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Speeding In The EZ Pass Lane

EZ Pass provides discounts at numerous NYC bridges and tunnels connecting Manhattan to the outer boroughs and New Jersey, as well as on toll highways like the New York Thruway.  It also allows you to minimize waiting time passing through tolls.

To get one, you need to agree to abide by the E-ZPass License Agreement Terms & Conditions including that you will approach and pass through E-Z Pass-only lanes at or below the posted speed limit.  For a first EZ Pass speeding violation, the Violation Processing Unit will  usually issue a warning letter with a 60-day probationary period.  See sample letter below.

For a second violation, you will likely be suspended for 60 days, and for a third violation your suspension can be extended or you can lose your EZ pass all together.

Note that these penalties are based on speeding while using any EZ pass tag assigned to your account (not just the one which resulted in the first letter).

The good news is that getting caught speeding through an EZ pass lane is not a moving violation and will not appear on your driver license or affect your auto insurance rates (except if  a police officer actually issues you a traffic ticket for speeding and you are convicted of that charge).

To sign up for an EZ Pass, call 1-800-333-8655 or visit http://www.e-zpassny.com

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Santa Claus Issued A New York City Traffic Ticket

In New York City, it was widely publicized when a man dressed as Santa Claus was issued a NYC traffic ticket for being double parked in November 2008.  The 60-year old retired school teacher dressed as Kriss Kringle was ticketed while handing out Christmas gifts nearby.  Less commonly known is the outcome of Santa’s case.  He contested the $115 but Scrooge-like parking officials unfortunately were not in the Christmas spirit finding him guilty as charged.

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Lucky Motorist Gets Out Of New York Speeding Ticket (Part III)

Below is the last of a series of ads I created for my law firm.  The theme for all of them is that a lucky motorist gets out of a New York traffic ticket due to something beyond his or her control.  I hope you enjoy it and remind you that, when you are out of luck, feel free to call 888 Red Light or visit www.nytrafficticket for help making fighting your New York traffic ticket easy and simple.  Attorney Advertising.

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A New Way To Avoid A Traffic Ticket?

I am so excited.  After years of figuring out ways to help motorists with avoiding New York speeding ticket convictions on their record, I found a new angle … the type of car you drive.  That’s right the type of car has a direct impact upon whether you will receive a traffic ticket.   A recent study performed by Quality Planning (a California company that confirms policyholder information for auto insurance companies) shows that the type of car you drive has a direct impact on whether you will receive a traffic ticket.  Generally, the more powerful cars were a ticket to receiving a moving violation.

Ranking cars based upon how much below or above the national average in terms of violations issued, the study concluded that .23 violations were issued on average for every 100,000 miles driven.  Drivers of the Hummer H2 and H3 led the pack with 1.07 tickets issued per 100,00 miles, 4.63 times more likely to get a ticket than the average car with the Toyota Scion tC a close second at 4.60 times.  Also towards the top of ticket magnet vehicles were the Mercedes Benz’ CLK63 AMG and CLS63,Toyota’s Scion xA, Scion xB and Matrix, Audi A4 and the Subaru Outback station wagon.

So what car do you drive in you have a lead foot?    Bringing up the rear were family vehicles and cars which appeal to older drivers such as the Buick Park Avenue (pictured below), the Oldsmobile Silhouette minivan and the Chevy Suburban SUV.

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Blocking The Box (aka Gridlocking) No Longer A Moving Violation In New York City

Gridlocking or obstructing an intersection is a 2-point violation.

The above traffic sign warning against blocking the box or gridlocking has been rendered partially obsolete.  For as long as I have been fighting New York traffic tickets (over 20 years), VTL Section 1175 prohibiting drivers from blocking an intersection was a moving violation which carried two points.  Blocking the box or gridlocking involves entering an intersection when there is insufficient room beyond the far cross walk to accommodate the motorist’s car.  It does not apply, however, to turning motorists, only those attempting to go across an intersection and obstruct traffic.

This all changed on July 7, 2008 when gridlocking in New York City was given a dual status in New York.  That is, it can still be a moving violation (as in years past) and also a parking ticket made a parking ticket which carries no points.  The good news is, of course, that, if you charged under the new parking law, you will not get points or adverse insurance consequences if you get caught in an intersection blocking traffic.  Instead, you’ll just owe a fine  without any other consequences.

The bad news is that there are now literally 2,800s more city enforcement agents out there that are eligible to issue you a ticket for this offense.  You see only police officers can issue moving violations but traffic agents (formerly known as “brownies”) can issue parking tickets for  this “new” type of ticket.  The $90 minimum fine has also been raised to $115.

The real interesting issue involves the discrepancy between blocking the box in New York City versus the rest of the state.  That is, it is legal to penalize motorists unequally within the State for the same offense?  While this issue has not been addressed in the courts, you can bet that at some point an equal protection argument will be raised challenging this uneven treatment of motorists.

Please note, however, if the officer issues you the summons under NYC Traffic Regulation 4-07(b)(2) entitled “Spillback”  you are being charged with a moving violation.  This regulation provides that no “operator shall enter an intersection and its crosswalks unless there is sufficient unobstructed space beyond the intersection and its crosswalks in the lane in which he/she is traveling to accommodate the vehicle, notwithstanding any traffic control signal indication to proceed.”  Generally, we still recommend fighting spillback tickets as they carry 2 points and can potentially affect your insurance rates.

For now, enter crowded intersections at your own risk.

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Motorist Issued Over 50 Traffic Tickets At One Time!!

On February 5, 2009, a motorist in Boynton Beach, Florida was issued more than fifty traffic tickets in one day. The motorist, who had a lengthy criminal background, fled from police trying to stop him for just one moving violation.

Instead, he allegedly committed many more traffic offenses and ended up receiving over 50 traffic tickets including reckless driving, speeding, and disobeying red lights. To make matters worse, he had a suspended license and wasn’t even wearing his seat belt. The driver, Alonzo Elvis Barrett, also crashed into another car and a fence, and he was found to be in possession of crack cocaine and a crack pipe.

The below photograph depicts what 50 traffic tickets looks like.

Author’s Note: Our firm will handle such severe cases in the unlikely event you know someone who drives like this Alonzo. In practicing law for over 20 years, the largest set of tickets that we have seen is a total of 19 New York traffic tickets making Alonzo’s “feat” all the more impressive.

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