Greene County Court Overturns VTL 1144-AA Conviction in Cairo NY Town Court

Background

Martin was driving on Route 23 through the town of Cairo on a nice May afternoon. He was suddenly pulled over by Trooper M.J. Dupuis who charged him with violating Vehicle & Traffic Law § 1144-aa. This is a relatively new law that requires motorists to move out of the right lane when there is an officer making a traffic stop on the right shoulder. Martin maintained his innocence and retained the Benjamin Goldman Law Office to fight the charges.

Trial

At that time, the policy of the Greene County District Attorney’s Office was to refuse to offer a plea bargain for any VTL 1144-aa tickets. Thus, the attorneys at the Benjamin Goldman Law Office were required to take the case to trial. The firm filed several motions, all of which were rejected by the Cairo Town Court. The trial went ahead on July 9, 2024, before Justice Joan M. VanDenburgh. The defendant did not appear personally and the only witness was Trooper Dupree. After a short trial, the Defendant was found guilty. The judge imposed a fine of $240 and two points were added to his driving record.

Appeal

Attorneys from the Benjamin Goldman Law Office filed an appeal in the Green County Court, which is the appellate court for Greene County Justice Courts. The appeal argued that the conviction should be overturned, and the ticket dismissed because (1) speedy trial; (2) the People failed to serve Discovery; and (3) the People failed to establish all the elements of the offense in their presentation. After the People reviewed our appeal and saw its merits, they did not oppose the appeal, but only asked the County Court to return the case back to the Justice Court instead of dismissing the case. The County Court issued a Decision rejecting the People and ordered the case dismissed outright. The Count Court agreed with the first grounds for appeal, speedy trial, and thus there was no reason to discuss the other two grounds for appeal. At this time, the justice court is required to remove the conviction from the driving record and return any fines paid.

Benjamin Goldman Law Office

This case is an example of the importance of retaining an experienced and tough traffic ticket law firm. Not all cases are easy, but the team at the Benjamin Goldman Law Office does not rest until they do everything possible to obtain justice for our clients. This is attested to from this case and many online reviews. The Benjamin Goldman Law Office is a law firm that helps motorists throughout the state. Besides Greene County, we take on cases in the Capital District, North Country, Mohawk Valley, Central New York, Western New York, Finger Lakes, Southern Tier, New York City, and Long Island. Our firm provides all motorists with a complimentary consultation. We will be glad to take on your 1144-aa ticket or any other traffic related charges.