EXPERIENCE - LEADERSHIP - RESULTS
With experience serving the public as an Assistant District Attorney, prosecuting minor traffic infractions and serious felony offenses, as public defender, providing legal representation to defendants with respect to both misdemeanor and felony accusations, as attorney for both petitioners, respondents, as well as an attorney for the child(ren), in Family Court and before local child and spousal support magistrates, and as a civil attorney representing clients in various forms of civil litigation, I am proud to announce that I have established my own office in Monticello, New York, dedicated to providing quality legal representation to the community I have been serving since 2006.
Whether you are facing a traffic infraction, a criminal charge, or another legal issue, I am committed to providing you with quality representation that is accessible to you, especially in these times of economic difficulty. Please do not hesitate to contact us for a free consultation and to discuss your legal needs.
10 St. John Street
Monticello NY 12701
Please do not hesitate to contact us for a free consultation and to discuss your legal needs.
Call Now for Your Free Consultation A number of ways exist for defense against traffic violations, but implementing them requires professional help. NYS speeding fines can be steep. Highly experienced, Scott Russell Law can handle any legal matter for you
Monticello Traffic Ticket Lawyer
Many people go through the unnerving experience of being pulled over on the roadway by a police officer. It may seem like a relatively minor inconvenience you'll just pay the ticket and get on with your life. The vast majority of those charged with speeding do just that and later realize that their car insurance rates increased.
Speeding is the most common traffic violation, but there are a multitude of other ways to receive a ticket or moving violation when behind the wheel. You might not have a valid license, you may have rolled through a stop sign, or mistakenly drove through a red light. In more serious cases, you might have driven recklessly or been under the influence of drugs or alcohol. To determine what type of defense you might need, you need to speak with a New York moving violation lawyer.
New York Speeding Laws
A speeding offense in New York is actually not as cut-and-dry as you might believe it to be. The state has two different kinds of speed limits: "presumed" and "absolute." An absolute speed limit is what the name implies. if you're going 56 mph in a 55-mph zone, you are speeding absolutely, in the eyes of the law.
Under presumed speed laws, whether you were actually going over the limit isn't as black and white. It may be permissible to drive over the legal limit if you're not endangering yourself or others because no one else is on the road at the time. You're presumed to be speeding if you're driving over the limit, however, if you go to court, you can attempt to prove that you were driving safely, regardless of the speed at which you were traveling. A traffic ticket attorney in New York can argue that you weren't at risk of colliding with anyone.
By the same token, you may be going 55 mph in a 55-mph zone, but on icy roads. A police officer can charge you with speeding because you were going too fast for road conditions. These rules often come into play when no speed limit is clearly posted, on backroads or in other areas where speed limit signs are few and far between. Since these laws can be confusing, it's a good idea to consult with a New York Moving Violations Lawyer immediately, to explore the nature of the circumstances surrounding your violation, and proceed effectively in providing your defense.
Defenses to New York Moving Violations
If the ticketing officer fails to show up in court, you're off the hook, as the court typically can't proceed with the charges against you. Rumor has it that this happens quite a lot, but, in fact, police officers usually do appear in court to testify. You won't want to risk going to court on your own, hoping for luck to fall your way, particularly if you have a viable defense. You'll need the help of a New York Traffic Violations Attorney to argue your case or to negotiate it down to a lesser charge. Having the charge reduced or dismissed can translate into fewer penalties for you.
Sometimes you might feel justified in driving over the speed limit, in a reckless manner, or without a license but this doesn't negate the illegal nature of doing so. In any case, you need a Traffic Violations Lawyer in New York who can help you build a case.
Call Now for Your Free Consultation
A number of ways exist for defense against traffic violations, but implementing them requires professional help. NYS speeding fines can be steep. Highly experienced, Scott Russell Law can handle any legal matter for you. If you're ticketed, call us for a free consultation. Most traffic violations can be resolved with only one court appearance. If your case can be resolved in a single appearance, we'll charge you a flat $250 a lot less than all those increased insurance premiums. Reach out to us for help today at 845-741-3331.
Monticello DUI Defense Attorney Former Prosecutor Affordable DWI/DUI Representation Keep a Clean Record Avoid Jail and Higher Fines
A DUI defense relies on looking beyond just the basics, the most critical of which is your blood alcohol content at the time you're stopped .08 percent is the legal limit in New York. Unfortunately, DUI cases can get complicated from here. You can also be charged with a DWAI in New York, which means driving while your ability is impaired by alcohol. You're impaired under New York law when your BAC reaches just .05 percent.
Although state laws can vary in the finer details, a successful DUI conviction requires that the prosecutor establishes two facts in court:
You were driving a vehicle.
You were under the influence of alcohol or impaired by alcohol at the time you were stopped.
If enough of a gray area exists with regard to either one and if your motor vehicle Monticello NY defense lawyer can use this to your advantage, the case may not be a slam dunk win for the state. This isn't to say that your DUI will go away if you were legally over the limit, but it's possible that a good lawyer might negotiate a lesser charge if the prosecutor knows you have a viable argument.
Many possible defenses hinge on casting doubt on what the arresting officer is likely to testify to if the case goes to court:
You "flunked" the field sobriety test because you suffer from a disability or because the officer didn't clearly explain what he wanted you to do.
The officer didn't actually see you driving. Maybe he approached you when your vehicle was parked.
If the officer pulled you over on the roadway (this requires probable cause), your New York DUI attorney can ascertain whether the arresting officer did indeed have cause based on the records from your arrest.
The arresting officer's testimony and his reports are subjective they're largely based on his interpretations and personal feelings. Your attorney can provide evidence as to why his subjective opinion is in error. Maybe your eyes were bloodshot because you were suffering from allergies on a hot, dry August night. Perhaps a witness can refute the officer's opinion. Or maybe the officer's dash cam or your own can provide proof that you actually mastered that field sobriety test, so there was no cause to subject you to a breathalyzer.
There are many defensive angles an experienced DUI attorney can take. Attempting to face DUI or DWAI charges on your own can have drastic results if you are unsuccessful. NY drunk driving laws provide that a DWI NY first offense can result in a fine ranging from $500 to $1,000, jail time of up to a year and a minimum six-month revocation of your driver's license. Don't take the chance.
Call Scott Russell Law for a free consultation if you've been charged with driving under the influence or driving while impaired. Just because you see those cruiser lights flashing behind you doesn't always mean life as you know is over. A former prosecutor, Scott Russell is highly experienced and can help you handle any legal matter. Call 845-741-3331 so we can help you fight back and minimize the damage of any NYS traffic violation.
Born and raised in Port Jervis, New York and a graduate of Eldred Central School in 1995. Returned to the area after attending the University of Wyoming in Laramie Wyoming where I received my B.A. in 1999. Then attended Roger Williams University School of Law in Bristol Rhode Island, receiving my J.D. in 2003.
For the last two years I worked for the Sullivan County Legal Aid Panel handling all manner of cases in the Sullivan County Family Court as well as criminal cases in the Justice Courts. Prior to this I spent three years working for the Sullivan County District Attorney's Office where I was responsible for handling criminal cases from simple violations to serious felonies.
My experience enables me to provide quality, effective legal representation to you.
Roger Williams University School of Law
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