Title:
County:
Address:
Phone: 914-771-3354 Fax: 914-793-0947
Traffic Calendar: Wednesdays at
Criminal Calendar: Wednesdays at
Traffic Tickets: Prosecuted by Special Prosecutor (State Police) or local officers
Criminal Prosecutions: Westchester
County District Attorney's Office
Judges: Hon. Janet Madonia Calano and Hon. (Open)
The Town of
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. Speed enforcement is intense on the parkways as they are considered "more dangerous" roads.
Traffic
Court
When both positions are filled, each town justice has "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
may substitute 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.
For more information about speeding and other traffic offenses, click here
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
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.
The current sitting judge in
Law Offices of Glenn W. Magnell
Defense Attorneys for Criminal, DWI, DUI & Traffic Offenses
Phone: 845-294-0585 Fax:
888-724-5470
Email: gmagnell@stormkinglaw.com
No Cost, No Obligation Consultation on all cases