Phone: 914-682-5365 Fax: 914-682-5378
Traffic Calendar: Monday through Friday at and
Criminal Calendar: Monday through Friday at and
Traffic Tickets: Prosecuted by Special Prosecutor (State Police) or local officers
Criminal Prosecutions: Westchester County District Attorney's Office
Judges: Hon. Delores Brathwaite; Hon. Arlene Gordon-Oliver; Hon. Walter Rivera
In higher speed zones almost all speeding tickets are written for speeds more than 10 mph over the limit. Stationary radar and laser speed detection are widely used on all major highways. Given the various Parkway restrictions in the state, the NYS Police are always looking to ticket commercial vehicles that mistakenly enter the parkways.
All town justices have "traffic calendars," which are devoted to adjudicating traffic tickets. The NYS Police are prohibited from negotiating plea bargains on traffic violations. As a result, a special prosecutor has been appointed to deal with tickets written by the NYS police. 95% of state police tickets are adjudicated through plea bargains with the special prosecutor. The prosecutor and judges are reasonable about plea bargains as long as the speed was not more than 20 mph over the limit or over 80 mph.
Local police officers can prosecute their own tickets, though the special prosecutor usually substitutes for them. Again, most tickets are resolved through plea bargains.
Expect a long line of people waiting to talk to the special prosecutor about a plea bargain. A 1 hour wait is typical. Attorneys are permitted to appear without their clients being present for traffic court.
All criminal prosecutions are handled by the Westchester County District Attorney's Office. The Westchester DA's office has taken a fairly hard line on DWI prosecutions. In 2013 there were more than 2000 alcohol related driving arrests impaired or intoxicated driving (DWI, DWAI, DWAI-D) in Westchester County. Both the NYS Police and the Westchester County Sheriff's Department made numerous arrests. Most arrests occurred after dark with many taking place after . Police officers assume that many drivers who are out after have consumed alcohol and or drugs. As a result they are looking for any lawful reason to pull drivers over in order to investigate possible DWI incidents. Alcohol checkpoints were established several times by state and local police.
In addition to DWI and DWAI, numerous arrests were made for Driving While Impaired by Drugs, Aggravated Unlicensed Operation and Driving With a Suspended Registration. All of these offenses are "criminal" violations of the law and, as a result are prosecuted by the Westchester County District Attorney's Office. The DA’s Office has a general rule that breath tests of .12% or more will not be reduced through plea bargains. However, this is not a hard and fast policy.
All judges in
Law Offices of Glenn W. Magnell Defense Attorneys for Criminal, DWI, DUI & Traffic Offenses Phone: 845-294-0585 Fax:
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Law Offices of Glenn W. Magnell
Defense Attorneys for Criminal, DWI, DUI & Traffic Offenses
Phone: 845-294-0585 Fax: 888-724-5470
No Cost, No Obligation Consultation on all cases