New York State Driver’s License Suspension Reform Act (DLSRA) in effect June 29

New York State has enacted the Driver’s License Suspension Reform Act (DLSRA), ending the practice of suspending a person’s driver’s license when they do not pay a traffic fine.

As of March 9, 2021, drivers no longer have their licenses suspended for unpaid traffic fines. As of June 29, those suspensions will be cleared from all records.

Suspensions are still permitted for unanswered tickets/missed hearings. However, defendants will be able to clear these suspensions by entering into payment plans, which also go into effect June 29.

Supporters of the new measure have argued that suspending driver’s licenses because of unpaid traffic fines "criminalizes poverty and perpetuates structural racism in the criminal legal system." Some critics of the statute have argued that the suspension of the license was a strong incentive for people to actually go clear their outstanding tickets.

A complete copy of the new law can be found here.

Seneca County to Participate in STOP-DWI Halloween Crackdown

Seneca County Sheriff W. Timothy Luce:

Halloween is meant to be scary, but not when it comes to driving. When it comes to impaired driving Halloween can turn the roads into a horror fest. While we spend time trick or treating and hosting parties with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Crackdown efforts start on October 27th and will end on November 1st. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. Tragically, Halloween impaired-driving fatalities are on the rise. There were 55 deaths on Halloween night in 2015, up from 17 in 2011—and steadily increasing each year in between. If you plan to go out with the ghouls and goblins to enjoy an adult beverage, make sure you plan a safe ride home before you leave the house. Even if you “only have a couple,” you are in no shape to drive.

The STOP-DWI Halloween Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target Thanksgiving and the national Holiday Season in December.
While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.
Let’s make memories, not nightmares! Have a safe and happy Halloween Weekend!

Seneca County Police Departments offer child safety car seat check

Seneca Daily:

On Friday, September 22, 2017, from 2:30 pm-6:30 pm the Seneca Falls Police Department, in cooperation with the Waterloo Police Department, will be hosting an annual Child Safety Car Seat check at the Seneca Falls Police Department, 130 Ovid Street, Seneca Falls, NY.

Anyone with a car seat wishing to have the police check to ensure their seats are correctly installed or those who want to learn how to install a car seat properly can attend this free event. The police department will be able to distribute car seats for those that do not have them but will be limited to only one car seat per family.
No appointment is needed for this free event. Please bring the child with you when you come as it makes for a safer install.

New York Appeals Court: Holding a GPS Device While Driving Violates Vehicle and Traffic Law

Matter of Clark v. New York State Dept. of Motor Vehs., 2017 N.Y. Slip Op. 05133, 3rd Dept 6-22-17:

Petitioner was issued a summons for operating a motor vehicle while using a portable electronic device in violation of Vehicle and Traffic Law § 1225-d after a police officer observed him driving while holding a global positioning system (hereinafter GPS) device in his right hand. Petitioner pleaded not guilty to the charge and, following a hearing before the Administrative Adjudication Bureau of respondent Department of Motor Vehicles, an Administrative Law Judge found petitioner guilty....

(A) hand-held GPS device meets the statutory definition of a "portable electronic device" inasmuch as it is a "hand-held device with mobile data access" (Vehicle and Traffic Law § 1225-d [2] [a]). In our view, it is mobile and receives data to

calculate a driver's geographical location and to communicate directions. Moreover, a review of the pertinent legislative history regarding Vehicle and Traffic Law § 1225-d [*2]demonstrates that the Legislature intended Vehicle and Traffic Law § 1225-d (2) (a) to encompass any portable electronic device that diverts a driver's attention away from the road and prevents the full use of a driver's hands (see Assembly Mem in Support, Bill Jacket, L 2009, ch 403 at 14; Letter from Dept of Motor Vehicles, Bill Jacket, L 2009, ch 403 at 20). Thus, we are satisfied that the Appeals Board's interpretation of Vehicle and Traffic Law § 1225-d (2) (a) as encompassing a hand-held GPS device was rational (see generally Matter of Fineway Supermarkets v State Liq. Auth., 48 NY2d 464, 468 [1979]; Matter of Bonhomme v New York State Liq. Auth., 221 AD2d 882, 883 [1995]).

We also agree that there is ample support for the Appeals Board's determination that petitioner was using the GPS device. Petitioner concedes that, while he was driving, he was holding the device in his hand and "view[ing] the GPS navigation system to read directions." Accordingly, we find that the determination was supported by substantial evidence (see generally Matter of Hollinger v New York State Dept. of Motor Vehs., 18 AD3d 1012, 1013 [2015]; Matter of Carota Enters. v Jackson, 241 AD2d 667, 668 [1997]). Petitioner's remaining contentions have been reviewed and found to be lacking in merit. 

New York State Traffic Ticket Data Available

New York State officials have announced that comprehensive traffic ticket data is available in an online systems, the Traffic Safety Statistical Depository.

The TSSR generates ticket reports at the statewide and county levels, showing the overall numbers of traffic tickets issued and separate totals for speeding, cell phone, texting, safety restraints, and impaired driving citations. For selected types of tickets a variety of information is displayed, including:

• Adjudication status and conviction rates
• Enforcement agencies that issued the tickets
• Driver age and gender
• Region
• Day of week/time of day
• Month
• Tickets issued for companion violations
• Driver license jurisdiction
• Driver penalties, sanctions and fines

State officials hope that the database "will enable both the public and traffic safety professionals to quickly find statistical data about traffic tickets as well as crash information (to) reduce motor vehicle crashes, fatalities and injuries.”

For more details, click here.

Crackdown on distracted driving during Operation Hang Up

New York State Police:

The New York State Police announce a statewide crackdown on distracted driving as part of April’s National Distracted Driving Awareness Month. The crackdown, called Operation Hang Up, is a special enforcement effort to step up patrols and checkpoints targeting drivers on electronic devices from April 6 through April 10.

While tickets for cell phone use continue to decline, the proliferation of smartphones have caused texting tickets to rise every year since 2011.

April traditionally marks the start of the spring driving season. In order to minimize tragedies as the traffic volume increases, State Police and local law enforcement agencies will be cracking down on distracted driving, along with other vehicle and traffic law infractions.

Seneca County Driver Safety Class - October 2016

The National Safety Council and the Seneca County Chamber of Commerce are offering a six (6) hour New York State Defensive Driving Course. The Safety Council or the Chamber reserve the right to cancel any class. Take up to 4 points off of your license every 18 months and reduce your insurance every 3 years.

The dates are October 12, 2016 - October 13, 2016 (both classes must be attended).

For more information, click here.

Results of "Drive Sober or Get Pulled Over" Labor Day Crackdown

New York State Police arrested 769 individuals for driving while intoxicated during the 20-day Drive Sober or Get Pulled Over crackdown on impaired driving.

During this crackdown, State Police and local law enforcement agencies targeted not only drunk or impaired motorists, but also drivers who were distracted, speeding, not wearing seatbelts, and not abiding by the “move over” law.

State Police report that of the 769 DWI arrests between the August 21 to September 7 enforcement period, more than 219 occurred during Labor Day weekend alone. During the same period last year, 663 people were arrested for DWI.

During the campaign, Troopers also issued 47,359 tickets, up from more than 46,500 in 2014: 18,660 for speeding, 1,613 for distracted driving, 2,522 for child restraint and seatbelt violations, and 556 for failing to “move over.” Additionally, state police investigated 2,973 crashes during the 20-day period, compared to 2,940 last year. Of these crashes, 857 people were injured, and 25 people were killed.

For more on this program, click here.

School’s Open, Drive Carefully

AAA’s annual “School’s Open—Drive Carefully” campaign alerts motorists to the special risks to school-age children from motor vehicle crashes, the leading cause of death for children from five to fourteen years old. This year, the campaign begins September 2, 2015 and runs through October 14.

With our schools reopening, children will be boarding buses and walking to and from school. All motorists should drive carefully and be especially aware of school speed zones, school bus traffic, and children walking. Drivers should be particularly alert for children darting out between parked cars on busy streets.

Motorists will receive an additional reminder each time they see one of the “School’s Open” bumper stickers on official vehicles, school buses and passenger cars.

For more information on AAA's "School's Open, Drive Carefully" program, click here.

U.S. Supreme Court bans warrantless cell phone searches

The Washington Times:

The Supreme Court ruled Wednesday that police cannot go snooping through people’s cell phones without a warrant, in a unanimous decision that amounts to a major statement in favor of privacy rights.

Police agencies had argued that searching through the data on cell phones was no different than asking someone to turn out his pockets, but the justices rejected that, saying a cell phone is more fundamental.

The ruling amounts to a 21st century update to legal understanding of privacy rights....

Justices even said police cannot check a cellphone’s call log, saying even those contain more information that just phone numbers, and so perusing them is a violation of privacy that can only be justified with a warrant.

The complete decision can be found here.

Privacy advocates, including the American Civil Liberties Union, have called the court’s decision a “big win.”