10 Questions To Ask Before You Hire A Lawyer. 

Hiring a Criminal Defense lawyer

Here are some questions to ask before you hire a Criminal Defense lawyer, or a Speeding Ticket Lawyer.

  1. How long have you been practicing law?
  2. What exactly is your experience in this particular practice area?
  3. How many cases have you taken care of like mine? What was the actual end result?
  4. What are the attainable outcomes associated with my case, and also the odds of success?
  5. What are the measures involved in my case, along with a rough time schedule for the different steps?
  6. Approximately how long does it take to complete?
  7. What complications can appear in my case, and will they cause additional fees?
  8. Do you have a written retainer letter or agreement?
  9. Do you charge on an hourly basis, by the case, by a percentage, or perhaps a combination?
  10. If you do not win my case will I receive a full refund?

No Texting While Driving: New York Vehicle and Traffic Law 1225-d


ALBANY, NY – Governor Andrew Cuomo conducted a ceremonial bill signing which made texting while driving a primary offense in New York State which means that a driver can be stopped solely for the offense.

While it has been against the law to text or use an electronic device while driving in New York for two years, until this point it was only a “secondary” offense, meaning police could only pull you over and ticket you only if you were committing some other offense like speeding.

Now, not only will penalties be make more severe, but police can pull someone over solely upon their seeing a motorist using a hand held electronic device.

“If a trooper visually observes somebody engaging in some type of behavior with a Blackberry, or an I-phone, they will make that stop,” said New York State Police Lt. Kevin Barnas. “Any kind of distracted driving is a danger.”

New York was one of only four states that had a texting-while-driving ban that didn’t make it a primary offense. Twenty-seven other states had it as a primary infraction.

Records obtained by Gannett from the state Department of Motor Vehicles showed that nearly 332,000 tickets were issued statewide for cellphone use while driving in 2010, compared to just 3,200 for texting while driving – the first full year the law was in place.

Following the bill signing, Gov. Cuomo was careful to note to reporters that the law applies not only to texting, but to using a hand held device–while driving– for any other purpose, such as surfing the web or checking e-mail.

And …even if you just have one in your hand while driving, the law is written in such a way, that you are presumed to be “using” it, and therefore subject to being stopped.

“It’s a rebuttable presumption,” said Cuomo, meaning that if there’s to be an argument over whether a device was actually being used, it would be fleshed out in court before a judge.

Do you have a texting and driving ticket? Call us now to find out how to fight it so you don’t get stuck with the points!

New York Vehicle and Traffic Law §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, broadband 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 one 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 tending to show 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.

Rosenblum Law Firm Offers Free New York No-Fault Divorce Consult

Albany, NY – On August 15, 2010 the New York State Legislature passed a landmark law making New York the 50th and final state to allow “no fault” divorces.  The law went into effect on October 13, 2010, giving relief to countless couples that have been waiting to get divorced but simply did not want to make things contentious.

In honor of the new New York no fault divorce law that went into effect just weeks ago, The Rosenblum Law Firm, P.C., a statewide firm that handles New York divorces, is now offering free no-risk consultations to those interested in getting divorced under the new law.  ”The new law allows a couple to split without forcing one party to take the blame for terrible things like cruel and unusual punishment, abandonment or adultery,” says managing attorney Adam H. Rosenblum, Esq. “this  ends the finger pointing and allows for ‘divorce with dignity,’ says Rosenblum.

State Assemblyman Jonathan Bing, one of the sponsors of the bill, says people had told him they’d gone as far as moving out of New York State just to get a no-fault divorce elsewhere.  The new law allows people to stay put and end their marriages peacefully.

Rosenblum says that if you are looking for assistance with your New York divorce, wherever in New York State you may live, his firm can help point you in the right direction.  New York matrimonial and child custody laws are very complex and in almost all cases it is worthwhile to consult with an attorney with experience, regardless of whether or not you have a significant amount of assets or children.  ”Part of navigating the choppy waters of a New York no fault divorce means making sure all of the correct procedures are followed, including filling out the appropriate paperwork and making sure it is filed correctly.” says Rosenblum.  ”Even one incorrectly completed form can be fatal to the action for divorce and the judge can either deny you the divorce or delay it significantly,” Rosenblum said.

The Rosenblum Law Firm handles New York divorces statewide and is based in Albany.

NY Motorist Beats Up Traffic Ticket Agent

traffic tickets in New York State

Careful Now...

A New York driver who double parked in the Bronx discovered a traffic cop writing him ticket – instead of calmly accepting it he went crazy and beat up the traffic ticket agent. The agent was hit in the head, punched twice, and knocked to the ground, sending him to the hospital with a broken skull. He tried to arrest the assailant but he fled the scene.

The beat cop, Edgar Saeteros, is in stable condition and when interviewed said he didn’t even see it coming.

Because he left behind the car, cops were confident they will find him.  Cops say that while they are taught to deal with it, it still happens.  Assault on a traffic agent became a felony in 2008; this means that if a person slaps, punches or kicks a traffic agent or meter maid, he can be sent to prison for up to seven years.

Speed Trap City!

speeding ticket trap

Speed Trapped!

Randolph, Missouri, a well-known speed trap zone was recently nabbed by the state auditor.  With a population of 47 (!) people the cops doled out 3132 fines last year alone.  A look at the city’s books revealed that Randolph made over 35% (!) its revenue from traffic tickets.  This fact means that the town is in violation of the “Macks Creek” law which makes speed traps illegal.  The law is named for a town that actually went bankrupt after it lost its ability to issue speeding tickets.

The audit found that the town gave out 83% of its tickets on a state or federal highway. Last year, the general fund revenue was $270,043; under the law Randolph was only allowed to issue a maximum of $94,515 in traffic tickets which is up to $53,000 more than permitted.

Last August the municipal court clerk stepped down, leaving no replacement until January 2011. That left them with only one court employee and no oversight so the books were seldom balanced.

Due to the backlog, if a person didn’t pay a ticket, it was just thrown into a box that now holds around six hundred tickets; no further action was taken. The police failed to log tickets and could not locate records for 38 percent of citations that the auditor had been examining.

The municipal judge says he will now use a new computer program to track the tickets and ensure the law is not violated again.

Traffic Stop on NYS Thruway Yields $16k in Drugs

marijuana-in-car

Sir, is this grass by chance?

This past Saturday at approximately 1a.m., five individuals were stopped for vehicle and traffic violations during routine traffic stops on the New York State Thruway in the Town of Clarkstown.

Troopers discovered marijuana in one car, around 3 oz. of crack cocaine and more than one half-ounce of heroin having a street value of about $16,000 all together.  The individuals were charged with criminal possession of a controlled substance in the third degree.  One individual was charged with criminal possession of a controlled substance in the seventh degree, one with criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana, one with with criminal possession of a controlled substance in the fourth degree and unlawful possession of marijuana and one with unlawful possession of marijuana.

Arraignment was held in Clarkstown Town Court.

A New Kind of Speeding Fine?

pay to speed

Pay to Speed?

We all know that speeding can be costly – a speeding ticket can run you up big bucks Read More

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