Traffic Enforcement & Prosecution
The major Thoroughfares through the Town of Hyde Park are U.S. 9 and NY Route 9G. Enforcement in town is handled primarily by local police. The local police force maintains a stronger presence during high traffic times. Also, due to the presence of both Marist College and the Culinary Institute of America on U.S. 9, there is a lot of student pedestrian traffic. As such, the police are diligent about patrolling the main stretch of road in front of the colleges. Most speeding tickets are written for speeds more than 10 mph over the limit. Traffic law enforcement along all of the other roads in the Village ofFishkill is also shared by the NYS Police and the Dutchess County Sheriff’s office.
Both 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 town 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 Town Prosecutor and both judges are reasonable about plea bargains as long as the speed through town was not too high.
Local police officers generally prosecute their own tickets, though the special prosecutor may substitute for them. Again, most tickets are resolved through plea bargains.
The line of people waiting to talk to the special prosecutor can take a long time. 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.
To read some Frequently Asked Traffic Law questions,click here.
For information about having the Law Office of Glenn Magnell defend your speeding ticket or DWI charge,, click here.
Criminal Law Enforcement & Prosecution
All criminal prosecutions are handled by the Dutchess County District Attorney’s Office. The Dutchess DA’s office has taken a fairly hard line on DWI prosecutions. In 2009 there were more than 3000 alcohol related driving arrests impaired or intoxicated driving (DWI, DWAI, DWAI-D) in Dutchess County. Both the NYS Police and the Dutchess County Sheriff’s Department made numerous arrests. Most arrests occurred after dark with many taking place after midnight. Police officers assume that many drivers who are out after midnight 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 Dutchess County District Attorney’s office. Non-DWI cases are handled by local Assistant District Attorneys, but DWI cases are handled by three “DWI Prosecutors” working out of the DA’s office in Poughkeepsie.
Both judges in Hyde Park Town Court are attorneys.
For more information about DWI, click here.
To read some Frequently Asked Questions about DWI, click here.
For information about having the Law Office of Glenn Magnell represent you, click here.