Saturday, November 8, 2014

COMMERCIAL VEHICLE ON PARKWAY DEFENSE LAWYER

Fight Your Reg. 182 Ticket With Our Traffic Ticket Lawyers


I have received many telephone calls from truck drivers passing through Westchester County who have mistakenly and driven their commercial vehicles onto one of the many parkways contained therein.

Despite their best efforts to get off the highway, a Westchester County Police Officer has already stopped them for making this dreaded mistake.  Quick often they are issued three or more tickets.

These tickets are for violation VTL 1110a (disobeying a traffic control device), Reg. 182.31L (unauthorized use of a restricted vehicle -- trailer), and Reg 182.31M (unauthorized use of a restricted vehicle on a parkway – truck).

The enforcement of these tickets will vary from court to court.  In some courts in the county, the Town or Village Prosecutor will represent the People of the State of New York on these cases.  Meanwhile, in other courts, the issuing officer acts as the prosecutor on the case.

As such, the result on fighting these tickets will vary greatly.  Fighting these tickets must be evaluated on a case by case basis.  Some of the key considerations on defending these cases are:
  1. Who will be the presiding judge?
  2. Was there any kind of accident involved?
  3. Did the truck hit an overpass?
  4. Are there any prior convictions on the driver’s record?
  5. What were the particular facts and circumstances surrounding the issuance of the ticket?
  6. Were any statements made to law enforcement at the time of the stop?

Upon review of these facts, a cogent legal defense can be put forth to help limit a driver’s exposure to fines, penalties, and points on their license.


The “I was following my GPS” defense

Most truck drivers do not willingly enter the Parkways in an act of civil disobediance.  They make an honest mistake.  The majority of truck drivers are following their GPS device which incorrectly.

While this scenario presents valid mitigation circumstances, it is not a defense to dismiss the charges.


Food For Thought

Most truck drivers purchase a residential GPS device.  These devices assume that the driver is not operating a commercial vehicle.  As such, drivers are directed to driver on a wide variety of roads.  In order to avoid these types of tickets altogether, a truck driver should the “commercial” version of their GPS device.  These devices are specifically designed for truck drivers.  They tend to avoid these pitfalls.


About Our Law Firm

Our law firm has over 30 years of legal experience and we are led by a former prosecutor.  We have been recognized as some of the finest lawyers in the State.

Join the thousands of drivers that have saved time, money and points on their license with our traffic ticket defense firm.  Call our former prosecutor at 800-893-9645 and ask for a confidential consultation today.