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When one is convicted for Driving While Intoxicated [VTL 1192] in New York, probation is a possibility. As most experienced criminal defense lawyers know, when one is sentenced to probation, the court usually imposes fairly standard probation conditions which are provided to the defendant in writing at the time of sentence. The defendant must sign these conditions in court at the time he or she is sentenced. When the conviction is for DWI, courts often impose “Driving While Intoxicated Probation Conditions” in addition to the standard probation conditions.

The New York State Criminal Procedure Law requires the sentencing court to specify any sentencing conditions and provide the defendant with a written copy of any conditions of probation at the time of sentencing. More specifically, where “the court pronounces a sentence of probation . . . . it must specify as part of the sentence the conditions to be complied with. Where the sentence is one of probation, the defendant must be given a written copy of the conditions at the time sentence is imposed.” CPL § 410.10(1).

The New York State Penal Law also mandates that the sentencing court specify the conditions a probationer must comply with. For example, Penal Law § 65.00(2) states “When a person is sentenced to a period of probation the court shall . . . . specify, in accordance with section 65.10, the conditions to be complied with.” see also Penal Law § 65.10(1)(“The conditions of probation . . . . shall be such as the court, in its discretion, deems reasonably necessary . . .”).

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Some big changes are coming to the Town Court of Greenburgh in 2012 and they should have a huge effect on the way the Court handles everything from Speeding Tickets to DWI’s. Firstly, as a result of their loss in the primary long time Town Judge’s Sandra Forster and Doris Friedman will no longer be Judges in the Town of Greenburgh Court. Two new judges will take their place. In addition, it was announced last month that Regina Hill, the Court Administrator brought in to improve Court operations in Greenburgh would also be stepping down.

Three Judges were sworn in on December 23, 2011 by New York Court of Appeals Associate Judge Theodore Jones. The new Judges as of January 1, 2012 will be Arlene Gordon-Oliver, Walter Rivera and Delores Scott Brathwaite. Judge Arlene Gordon-Oliver is the only returning judge having served in the Town of Greenburgh Court since 2007. In addition, the search continues for a replacement for Regina Hill.

One of the changes that is expected in 2012 will be another night court session in the Town of Greenburgh. One night per week was already added and another one is expected to be added soon.

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Have you been cited for speeding (VTL 1180) or any other traffic infraction in the Town of Cortlandt in Westchester County, New York and are considering retaining an attorney to represent you in court? The lawyers at Tilem & Associates have successfully handled thousands of traffic ticket cases throughout the State of New York – including the Town of Cortlandt Justice Court.

From now until August 31, 2011, Tilem & Associates will cover any traffic infraction except leaving the scene of an incident or Driving While Ability Impaired (VTL 1192(1)) returnable to any local criminal court in Westchester County, Rockland County, Broome County and St. Lawrence County. Tilem & Associates handles traffic infractions throughout the entire State of New York at competitive prices but the 2011 Summer Special $195 price only applies to the aforementioned counties. Terms apply and you should read them.

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Have you been charged with speeding, passing a red-light, unsafe lane change or other traffic infraction in Buchanan, New York and want to be represented by experienced and competent attorneys at a reasonable fee? The lawyers at Tilem & Associates have handled thousands of traffic tickets in courts throughout New York State including the Buchanan Village Court. Not only can Tilem & Associates provide you with experienced representation on your speeding ticket (or any other traffic infraction), they are also affordable.

Until August 31, 2011, Tilem & Associates is offering a Summer Special price of just $195.00 for representation on any traffic ticket charging traffic infractions in any court located in Westchester County, Rockland County, Broome County and St. Lawrence County. This Summer Special $195.00 price applies to all traffic infractions except Leaving the Scene of an Incident or Driving While Ability Impaired although our fees are very reasonable for those charges as well. Terms and Conditions apply and you must read them. Also, you must mention this Summer Special $195.00 when you first call us. See the Terms and Conditions of this offer.

Keep in mind, just about any attorney can handle traffic tickets (and plenty are doing so). Being the busiest and “best” traffic court attorney has very little to do with one’s legal skills and everything to do with one’s internet marking skills. Unless you are unlucky enough to retain a total buffoon of an attorney (and there are a few out there), you will most likely get just about the same plea bargain deal no matter which attorney you hire. There is no “Johnny Cochran” roaming around traffic court.

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If you received a traffic ticket for speeding, passing a red-light, stop-sign, etc, in the City of Yonkers and pleaded not guilty, you will receive conference notice from the court instructing you to appear at the court on a particular day to meet with the prosecutor to discuss a possible plea bargain whereby the charge will be reduced in return for you pleading guilty. Our attorneys at Tilem & Associates can represent you in Yonkers and our lawyers can appear at this conference for you. In most cases, you do not have to come to court.

Generally traffic infractions in Yonkers are prosecuted by the officer who issued the summons or another officer from the same law enforcement agency. Several law enforcement agencies issue tickets within the City of Yonkers including the Yonkers Police Department, Westchester County Police Department and the New York State Police. Therefore, you can expect to meet with a police officer as opposed to a district attorney or city attorney as you might in other jurisdictions.

The City Court of Yonkers is located at 100 So. Broadway, Yonkers, NY 10701. The number for traffic matters is 914-831-6910. There is a parking lot for the courthouse but it fills quickly so get there early or expect to park on the street. Street parking is metered so bring change; tickets can be as much as $40.00. When you enter the courthouse you will pass through a metal detector and you might be further searched. Bags, pocketbooks, briefcases, etc will be searched so leave your handguns and controlled substances at home.

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Tilem & Associates can represent you on a Yonkers traffic infraction from start to finish. We can enter your not guilty plea, appear at your conference, negotiate your deal or have a trial, secure you time to pay any fines and surcharges (usually two week in Yonkers) and send you a closing letter informing you of the outcome, fine amount (if any) when the fine is due and where to mail it. All this for a flat fee of $195.00 (Offer Expires August 31, 2011 – See Terms).

While we make no guarantees and our past performance does not mean we can obtain a favorable result in your case, the truth is, we have handled hundreds of tickets in Yonkers and we have about a 95% success rate at obtaining reductions or dismissals.

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The Town of Greenburgh town attorney currently prosecutes traffic tickets for the Town of Greenburgh. Typically those who plead not guilty receive a conference notice instructing them to appear on a certain date to discuss the ticket with the town attorney and the possibility of a plea bargain whereby the defendant agrees to waive his or her right to trial and plead guilty to a reduced charge. We can appear for you at this conference and attempt to negotiate a reduction for you. Most times you will not have to appear with us. For a $195.00 flat fee, we will appear on your behalf and handle the ticket in your absence. You need not miss work or school.

While we can’t guarantee a favorable outcome, and we may lose your case, we have been successful at obtaining reductions or dismissals on Greenburgh traffic infraction cases about 98% of the time.

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Have you received a traffic ticket for speeding or any other traffic infraction in the Village of Ardsley in New York? The attorneys at Tilem & Associates can provide you with exceptional and experienced representation for just $195.00. In most cases you won’t even have to appear in court. Our lawyers have represented those charged with speeding and other traffic infractions throughout most jurisdictions in New York State including the Village of Ardsley.

While we make no guarantees and our past performance does not guarantee a particular outcome in your case, we have been able to secure a reduction or a dismissal in about 95% of the traffic infraction cases (such as speeding) that we have handled in the Ardsley Village Court.

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You are driving on I 287 in Greenburgh, New York, when you are stopped by a New York State Trooper who issues you a ticket for speeding. At a subsequent conference, for whatever reason, you (or your attorney) are unable to reach an agreement with the prosecutor on a plea bargain and your case is scheduled for trial.

At trial, your lawyer argues that the Trooper has not produced sufficient proof establishing that the radar unit he used to determine the speed of your vehicle was in proper working order. The judge agrees with your attorney and excludes all radar evidence from your trial. You win, right? Without any radar evidence or evidence that the Trooper paced your vehicle, how can the prosecution prove you were speeding beyond a reasonable doubt? Case over – not guilty. Wrong.

In New York, like many other states, you can be convicted of speeding based solely on the officer’s visual estimate of the speed of your vehicle, uncorroborated by devices such as radar or laser. People v. Olsen, 22 N.Y.2d 230 (1968). Prior to the Olsen decision, such visual estimate opinion evidence alone however, was insufficient for conviction. People v. Magri, 3 N.Y.2d 562 (1958).

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You’re driving on the Bronx River Parkway in Greenburgh when you’re pulled over by a Westchester County Police officer for speeding. What many motorists don’t realize is that the officer can arrest you for speeding; the officer is not required to issue you a speeding ticket on the side of the road. While it’s extremely rare for an officer to arrest someone for speeding alone; the officer does have that option.

New York Criminal Procedure Law sec. 140.10(1)(a) states in pertinent part “a police officer may arrest a person for: (a) Any offense when he has reasonable cause to believe that such person has committed such offense in his presence.” Speeding is an offense. Speeding is a traffic infraction, which is an offense. Despite the fact that traffic infractions are non-criminal offenses, technically CPL 140.10(1)(a) allows an officer to arrest you for speeding if committed in his presence.

Most likely arresting people for speeding would be frowned up by supervisors. Issuing a ticket for minor non-criminal offenses is preferred over arrest. As noted by one court: “Public policy arguments favor the issuance of ‘universal summonses’ (appearance tickets) where appropriate rather than arresting citizens where minor offenses are involved.” People v. Hazelwood, 104 Misc. 2d 1121, 1123-1124 (N.Y. City Crim. Ct. 1980)

However, it’s something to keep in mind before you decide to mouth off to an officer who stops you for speeding. Politely decline to admit to anything. For example, when asked the famous question: “Do you know why I stopped you?” — You certainly wouldn’t want to say something like: “Sure I do, I was doing 85 in a 55 mph zone.”

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