Title:
County:
Address:
Phone:
914-682-5365 Fax: 914-682-5378
Traffic Calendar: Monday through Friday at
Criminal Calendar:
Monday through Friday at
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.
Traffic Court
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
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:
888-724-5470
Email: gmagnell@stormkinglaw.com
No Cost, No Obligation Consultation on all cases