New York Creates New Penalties for Cell Phones While Driving

Attorney Steven Getman is reminding New York State drivers that new penalties are in place for people who talk on cell phones while driving.

“Until recently, drivers who used a cell phone without a hands free device were subject to nothing more than a fine.” Getman explained.

“However, on February 16, the state Department of Motor Vehicles changed the punishment. Violations are now subject to two ‘points’ on a driver's license. Those points can increase a driver’s insurance rates, much like a speeding ticket or auto accident.”

In addition, Getman noted some police agencies will place extra emphasis on their cell phone enforcement for extended periods of time. The police say they are doing so to deter distracted drivers.

“With increased penalties and stepped-up enforcement, motorists who receive a ticket for using a cell phone should consider consulting an attorney to discuss their legal rights before pleading guilty,” Getman said.

More information on the new cell phone rules can be found here.

Proposed Law Would Criminalize Posting Crime Scene Photos

According to the Wall Street Journal, "bills introduced in the Senate and Assembly would make it a crime for public servants on duty to take unauthorized pictures or videos of crime scenes and circulate them."

The article states that the crime would be a felony, punishable by up to four years in prison.

According to the story, the law was proposed in response to an emergency worker "who photographed a woman found beaten and strangled and later posted the image on his Facebook page."

Law School Conference to Look at Cyberbullying

From Hofstra Law School:

In light of recent incidents of cyberbullying, it is more important than ever to ensure a safe environment for youth at schools, in their communities and online. This conference will bring together educators, lawyers, policymakers and mental health professionals to learn about cyberbullying, examine the current state of the law and consider issues regarding the first amendment, school liability and criminal justice.

Police plan DWI crackdown over Super Bowl weekend

Associated Press:

The Governor's Traffic Safety Committee says the statewide crackdown on drunk driving began Thursday and will run until 5 a.m. Monday, the day after the Green Bay Packers play the Pittsburgh Steelers in Texas in Super Bowl XLV. Officials say state, county and local police are adding extra patrols and checkpoints during the period.

Cayuga County man appeals arson conviction

From the Syracuse (NY) Post-Standard:

A former Ledyard man who was convicted last year of setting fire to his house has asked an appellate court to overturn that verdict.

In his appeal Chad Towsley said he was denied his right to a fair trial for many reasons...

The Rochester appellate court is expected to hear the case in early April, said court-appointed lawyer Steven Getman, who filed the appeal for Towsley. Getman asked the court to overturn the verdict and/or grant a new trial.

“When a defendant is denied his right to a fair trial he should be entitled to a new trial regardless of his verdict," Getman said.

It's the Law: Make sure your dogs have adequate shelter

New York State law requires dog owners who allow their dogs to spend time outdoors to provide shelter appropriate to the dogs' breed, physical condition and to the climate.

By law, requirements for a proper shelter include a waterproof roof, structural soundness and appropriate insulation to protect the dog from inclement weather. The law also mandates that the dog have enough space for freedom of movement and waste removal.

Owners who do not provide such housing are subject to escalating penalties, including fines and possible confiscation of the dog.

Humor: the 5 Most Wildly Illegal Court Rulings in Movie History

From Cracked.com, comes a funny, but informative, article on how movies so often misstate the law for dramatic purposes.

The article has some NSFW language and it attacks a couple of very beloved films (especially one involving Christmas), but it is a nice primer on several interesting legal points.

Avoiding and Resolving Problems with Motor Vehicle Transactions

Ithaca Journal:

Avoiding and resolving problems with car purchases and repairs is the topic of Cornell Cooperative Extension of Tompkins County's November Consumer Issues Program. It will beheld at 11 a.m. Wednesday, Nov 17 at the Cooperative Extension Education Center, 615 Willow Ave (in Ithaca, New York).

According to the above article, topics will include "consumer's rights and responsibilities in the vehicle market, the New/Used Car Lemon Laws, and issues pertaining to the purchase, repair, and inspection of vehicles in New York state."

Seneca County Scenic Byway Plans Move Forward

Finger Lakes Times:

Barry O’Neill of Lodi and Steven Getman of Ovid, directors of the Seneca Lake ByWay Inc., report that the group’s seven-year campaign to have an 18-mile stretch of Route 414 from Watkins Glen to the Ovid-Lodi border on Seneca Lake is nearing final approval by the state Department of Transportation.

Dogs’ deaths spur outrage

Finger Lakes Times:

ROMULUS - It’s a case that’s caused a wave of reaction near and afar.

In July, according to a U.S. Department of Agriculture report, the owner of the Black Diamond Acres dog breeding kennel admitted to an animal health inspector that he took the lives of 93 dogs in his care by poisoning them with carbon monoxide generated by a small gas engine.

Exhaust fumes from the engine were piped into a small enclosure inside the barn where the dogs were kept, the report said.

David Yoder, a member of the area’s growing Amish population, had been in the business of producing small breed dogs for the past few years.

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Romulus Town Supervisor David Kaiser quickly reacted to the situation that has drawn national attention.

“Like most of our community, I am outraged by these allegations. This story is a horrible reminder that state and federal oversight of these facilities is incredibly lax and may cause needless suffering to innocent animals,” Kaiser said.

“Several years ago [the town] took the initiative to regulate dangerous puppy mills, by enacting a new zoning law that required breeders to treat animals humanely. That law has been used by other communities as a model to fight the public health threats caused by mistreated pets. Our town will continue to push for fair treatment for our companion animals,” he said.

Town Attorney Steven Getman will be consulted to determine whether any violations of the town’s zoning law occurred...Kaiser said.