Lawrence R. Trank, PLLCNew Paltz NY Criminal Defense Attorney | Ulster County Personal Injury Lawyer2026-04-29T02:13:27Zhttps://www.tranklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1605453/2021/01/cropped-site-icon-32x32.jpgOn Behalf of Lawrence R. Trank, PLLC<![CDATA[What to know before responding to a traffic ticket]]>https://www.tranklaw.com/?p=489152026-03-20T04:57:37Z2026-03-20T04:56:06ZUnderstanding your response choices and where your case proceeds
You must answer the ticket, and in many situations, you can plead guilty or not guilty based on the charge listed. A guilty plea often results in fines and possible points linked to that violation, which may remain on your record for a period of time. By contrast, a not guilty plea usually places the matter on a hearing calendar, where an officer explains the basis for the citation and the case moves through a formal process.
The location of the case also matters because it can influence the procedure and available options. Most matters proceed in the court identified on the ticket, where local rules guide the process. Some noncriminal violations instead go through the state’s Traffic Violations Bureau, which follows a different system.
Evaluating deadlines, penalties and long-term effects before acting
Deadlines matter, so check the response period right away and confirm the exact date listed. If you miss that window, New York can suspend your driving privilege and later enter a default conviction, which can add further complications. Because of those risks, review these details before you act:
Response deadline listed on the ticket
Specific charge and point value
Possible effect on insurance rates
Prior history that might increase total points
Copies of submitted documents and records
In other words, these details can shape license status, total expense and your future driving record over time.
What your response may lead to next
Your decision sets the course of the traffic offense case, so it deserves careful attention before you respond. A rushed choice can result in added points, higher costs or limits on your driving privilege that affect daily use.
Before you respond, weigh your options against your timing and driving history to understand possible outcomes. A more deliberate approach can help you reduce risks that could extend beyond this ticket.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[When can a dog owner be held responsible for a bite in New York?]]>https://www.tranklaw.com/?p=489132025-12-19T15:55:34Z2025-12-19T15:55:34ZDog bites can happen fast and with little warning. A calm walk can become a serious injury in seconds. New York recently changed the rules about who pays for these injuries. If a dog hurts you, you should understand the current law so you can seek the help you need.
How New York law treats dog bite injuries
New York now uses two primary methods to determine whether a dog owner is responsible. First, the law applies strict liability to medical costs. If people already knew a dog was dangerous, the owner must pay for medical bills and hospital costs. This applies even when the owner tries hard to control the dog.The law now covers other losses as well, such as physical pain, emotional stress or lost income. For many years, courts required proof that the dog had a known history of aggression. Lawyers called this having vicious propensities. As of 2025, lawmakers changed that rule. You may now hold an owner responsible for negligence.
When a dog owner may be legally responsible
Negligence means the owner failed to act with reasonable care. You no longer need to prove the dog acted badly in the past to recover money for pain and suffering. Instead, you can show the owner made a careless choice, such as:
Not using a leash in a public area
Leaving a gate open so the dog could escape
Failing to watch the dog near children or strangers
If the dog had a record of growling, snapping or biting, that history still strengthens your claim. Warning signs like "Beware of Dog" or prior animal control reports remain strong evidence.
Why legal guidance can help
Because New York lawmakers recently changed the law, much online information may be outdated. A lawyer can review the details of your case and decide whether the owner acted negligently. They can also help collect proof, such as witness statements or video, to ensure fair treatment.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[Key penalties you may face after a DWI in New York]]>https://www.tranklaw.com/?p=489112025-09-19T10:45:16Z2025-09-19T10:43:11ZFines, license actions and court sentences under New York DWI law
New York outlines penalty ranges for alcohol or drug driving offenses. A first DWI can bring $500 to $1,000 in fines, up to one year in jail and a license revocation of at least six months. An aggravated DWI with a BAC of .18 or higher may include $1,000 to $2,500 in fines, up to one year in jail and a revocation of at least one year.
Repeat DWI convictions within 10 years may move into felony ranges with higher fines, longer revocations and possible prison time of up to four or seven years, depending on your record. This mix of cost, license loss and court oversight can place heavy strain on your work and personal life.
Aggravating factors and enhanced consequences for serious violations
Specific details present during an arrest often lead to tougher penalties for a DWI. The following circumstances can raise exposure:
Recording a BAC of .18 percent or higher
Driving with a passenger aged 15 or younger
Operating a vehicle with a commercial driver's license at the time of the stop
Having prior alcohol or drug convictions within the past 10 years
Each of these conditions may push fines higher, lengthen revocation and narrow plea options. For commercial drivers, a chemical test refusal can even lead to permanent commercial driver’s license revocation.
Long-term effects and collateral impacts following a DWI conviction
Once your court case concludes, you may also face costs and conditions that last well beyond the case. Surcharges and assessment fees can add to the bill. Insurance rates may climb, and some jobs review driving records. Professional licenses, travel plans and housing applications can face additional scrutiny once a DWI appears on your record.
Also, if you have three or more alcohol or drug-related convictions or refusals within ten years, your license could face permanent revocation, although waiver requests may be possible after at least five years. These effects reach far beyond the courtroom and touch your daily routine long after the case ends.
Weighing penalties and planning next steps
After a DWI arrest in New York, you can begin steps that help you regain control of the situation. Collect all paperwork from the stop and any court notices so you stay on top of deadlines. Keep records of your driving history, insurance changes and any program requirements.
You can also explore state-approved courses or evaluations that may support license reinstatement or demonstrate responsibility. By taking these actions early and staying organized, you give yourself a better chance to manage costs, protect your driving privileges and rebuild your routine.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[3 serious injuries that slip-and-falls can cause]]>https://www.tranklaw.com/?p=489102025-06-29T01:55:44Z2025-06-29T01:55:44Z1. Traumatic brain injuries
With the exception of fatal same-level falls, falls that produce brain injuries are often the most devastating. A traumatic brain injury (TBI) can cause permanent changes to the structure of the brain.
When that happens, people experience permanent changes in their health and cognition. If people can't slow themselves as they fall, they can hit their heads and develop serious injuries because of the blunt force trauma they experience.
2. Soft tissue injuries
There are several ways for people to sustain soft tissue injuries when they fall. In some cases, they might flail around aggressively, causing overexertion injuries to their joints and musculature. They could pinch a nerve or give themselves symptoms that are similar to whiplash.
People can also incur lacerations or strain body parts that they need to use for work during the same-level falls. Soft tissue injuries usually aren't permanent the way that TBIs are, but they can still lead to significant medical expenses and lost wages.
3. Broken bones.
If people hit the floor hard or strike nearby objects when they fall, they can easily break a bone. Particularly if the person who falls is 50 years of age or older, they may be at elevated risk of a fracture. Broken bones often respond well to medical care but can take months to treat.
If a slip-and-fall is the result of negligent property maintenance, injured people may have reason to take legal action. A premises liability lawsuit can lead to financial compensation for injuries and other expenses associated with a recent slip-and-fall. Realizing that injuries could be serious may help people handle the aftermath of a slip-and-fall incident more effectively.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[3 types of evidence that may support DWI charges]]>https://www.tranklaw.com/?p=489092025-04-13T20:57:05Z2025-04-13T20:57:05ZVideo of poor driving
Dashboard-mounted camera systems in police cruisers can provide clear evidence that an officer had reason to worry about a driver's conduct. Video of a motorist swerving all over the street, stopping without reason and otherwise posing a threat to others can help establish that they were not sober enough to drive safely.
Field sobriety test results
Police officers who suspect driver intoxication often look for ways to validate their concerns. They may ask drivers to submit to field sobriety tests. Police officers ask drivers to exit the vehicle and perform a series of simple tasks. Field sobriety tests have high rates of false positives, but they are also considered an important form of evidence in many DWI cases.
Chemical test results
Police officers who are ready to arrest a driver who seems drunk usually ask them to submit to a chemical breath test at that point. Implied consent laws put drivers at risk of additional consequences if they refuse chemical testing after an arrest. Even those who did not drive poorly could be vulnerable to prosecution based on chemical test results. Depending on the type of evidence that the state gathered, there are several different defense strategies that can help drivers avoid DWI convictions.
Reviewing what happened before a DWI arrest with a skilled legal team can help motorists respond appropriately. With the right strategy, drivers may be able to avoid a conviction that could result in a lifelong criminal record and result in a variety of other consequences.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[Pleading guilty may not protect a defendant’s reputation]]>https://www.tranklaw.com/?p=489032025-01-08T01:02:50Z2025-01-08T01:02:50Zmajority of people facing charges enter guilty pleas or accept plea bargains instead of taking their cases to trial. A guilty plea can help limit the amount of time spent in criminal court. However, it does not necessarily protect the defendant from the worst consequences possible, including damage to their reputation.
What happens after a guilty plea?
When a defendant enters a guilty plea, several things happen. The courts record their pleas, and the criminal justice process shifts based on their plea. Instead of going to trial, the next step in the process is usually sentencing.
While people often hope that a judge may treat them leniently because they pleaded guilty, that isn't always what happens. Criminal law judges can still hand down sentences that align with state guidelines. They can incarcerate people or order them to pay the maximum fine allowable under the law after a guilty plea.
The fallout doesn't end with the sentence imposed by the courts. Even if the defendant avoids incarceration and other penalties that might draw attention, they have to deal with having a criminal record. Employers, potential landlords and various other parties may perform criminal background checks before doing business with an individual.
When people plead guilty, even if the state accepts a plea to a lesser offense, it is standard practice to assume the defendant was guilty of the initial charge. Employers, neighbors and other people may assume that the person who pleaded guilty is a dangerous or unstable person because of their criminal record.
The only way to avoid the reputation damage of a criminal conviction is to fight pending criminal charges in court. Reviewing the pending charges and the state's evidence can help defendants choose the best solution when they want to avoid reputational damage caused by a pending criminal charge.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[How might a traffic ticket affect a driver’s future?]]>https://www.tranklaw.com/?p=489022024-10-06T15:40:33Z2024-10-06T15:40:33ZTickets on their record
New York tracks the traffic violations a driver commits. Each offense has a certain number of points attached based on the severity of the violation. If a driver accumulates 11 points or more within 18 months, they are at risk of a driver's license suspension. They may lose their driving privileges until the number of points declines because one of their older citations comes off of their record.
Increased insurance costs
Insurance providers look at a driver's record when deciding how much to charge for insurance. Every citation can potentially add hundreds of dollars to a driver's annual premium costs. In scenarios where drivers have multiple violations on their record, the insurance company might refuse to provide them with coverage after their most recent violation. They may have to pay far more for coverage provided by a company that works with higher-risk drivers.
Career consequences
If a driver has a commercial driver's license (CDL), citations issued while they are at work or in their own vehicle might affect their eligibility for a (CDL). Even when people don't drive for a living, traffic tickets could affect their careers if they drive occasionally. Employers may not want to absorb the additional expenses for company insurance when they have an employee with a history of significant traffic infractions.
Fighting a New York traffic ticket can be more cost-effective than just paying a fine. Drivers who understand the consequences of paying a citation might decide that they would prefer to fight a ticket instead.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[Who pays for the injuries caused by an aggressive dog?]]>https://www.tranklaw.com/?p=489002024-07-09T23:21:05Z2024-07-09T23:21:05ZNew York's liability laws are complex
People generally classify dog bite statues into two main categories. There are states with strict liability statutes that make dog owners responsible for the actions of their pets. There are also states with one-bite laws where an animal must have previously displayed aggression for the owner to be accountable. New York has policies that fall somewhere between those two classifications.
Technically, the state does have a one-bite rule. The owner needs to know that a dog is aggressive or dangerous to be liable for its attack on a human. That being said, there is more than one way to establish that a dog is aggressive.
Even if there is no formal record of it attacking a person before, an individual injured by the animal could prove the owner knew it was aggressive. Signs posted on the property, verbal warnings provided by the owner and the animal's behavioral history could all factor into a dog bite liability claim.
It is possible for someone attacked by a dog to request a hearing in New York at which they prove the animal was aggressive. Should the courts side with the plaintiff, they then have the option of taking legal action against the animal's owner.
Insurance often covers dog bite costs
Frequently, people attacked by dogs know the owner of the animal. The animal's owner could be a neighbor or possibly even a member of their family. The average person does not want to cause financial difficulty for someone they know.
Thankfully, dog bite claims often do not result in direct financial liability. Instead, homeowners insurance or renters insurance can potentially compensate the affected party. Litigation is often necessary to prompt a reasonable settlement offer from the insurance company.
Understanding the unique rules for dog bite incidents in New York can help those struggling with the consequences of an encounter with an aggressive animal. Premises liability insurance carried by the owner can potentially help cover the costs generated by a canine with aggressive tendencies.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[Can your mug shot come back to haunt you?]]>https://www.tranklaw.com/?p=488992024-04-09T11:11:24Z2024-04-09T11:11:24ZA change in the Freedom of Information Law
When he was in office, former New York Gov. Andrew Cuomo tried to prohibit the public release of any law enforcement booking information, including mug shots. He said this was an "unwanted invasion of personal privacy.” While Gov. Cuomo didn’t get the full prohibition on the release of booking information he sought, he did reach a compromise with the state legislature to amend the New York Freedom of Information Law (FOIL) to prohibit the “disclosure of law enforcement arrest or booking photographs of an individual."
That’s not a blanket prohibition, however. A notable exception is if releasing a mug shot to the public can "serve a specific law enforcement purpose…” For example, if police are searching for someone whom they believe committed a crime, they can release a previous mug shot to get the public’s help. This includes posting or handing out flyers. Even if they’re not guilty of the offense in question, that earlier mug shot is now out in public.
The “clean slate” law
Last year, Gov. Kathy Hochul signed a “clean slate” law that mandates the sealing of most misdemeanor criminal records three years after someone has served their sentence or ended their parole (eight years for most felonies).
Of course, it’s best to avoid having a criminal record at all. An arrest doesn’t have to lead to a charge, and a charge doesn’t always lead to a prosecution. A lot of things can happen along the way. Evidence may be deemed inadmissible, for example. Having experienced legal guidance from the beginning can help you protect your rights and your future.]]>On Behalf of Lawrence R. Trank, PLLC<![CDATA[What is implied consent in New York?]]>https://www.tranklaw.com/?p=488982024-01-10T15:33:10Z2024-01-10T15:33:10ZWhat does the implied consent law actually do?
Every licensed New York motorist must accept certain restrictions on their driving privileges to obtain and retain a license. The implied consent law states that licensed drivers have effectively already given their implied consent to chemical testing in certain circumstances. If a New York police officer has the necessary probable cause to arrest someone for drunk driving, they can also request a chemical test.
Although officers typically cannot force someone to perform a test, they can arrest them and report them for both the suspected drunk driving and the violation of the implied consent law. If someone in state custody refuses a chemical test, they may face both drunk driving charges and allegations of violating the implied consent law.
What penalties do violations carry?
Someone who does not abide by New York's implied consent law may endanger their eligibility for continued driving privileges. A conviction or guilty plea for an implied consent violation can cost someone their New York driver's license. The first time someone refuses a test, the state may require that they pay a $500 fine. Second or subsequent offenses or a test refusal after a prior impaired driving conviction could lead to a $750 fine and an 18-month driver's license suspension.
Making sense of the laws that apply during a New York traffic stop can help motorists better utilize their rights.]]>