Traffic Enforcement & Prosecution
The Taconic Parkway runs through extensive sections of the Town of Milan. Enforcement on the Taconic is almost exclusively handled by officers from “Troop K” of the NYS Police. The speed limit along the Taconic is 55 mph and almost all speeding tickets are written for speeds more than 10 mph over the limit. Stationary rader and laser speed detection are widely used on both highways. Speed enforcement is much more intense on the Taconic as it is considered a “more dangerous” road. Traffic law enforcement along all of the other roads in the town of Milan is almost exclusively done by NYS troopers or 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 was not more than 20 mph over the limit or over 80 mph. Both judges can be tough on drivers with previous speeding convictions.. Both of the judges are former state troopers. Obtaining the most advantageous plea bargain usually requires having a trial date court appearance.
Local police officers generally prosecute their own tickets, though the special prosecutor may substitute for them. Again, most tickets are resolved through plea bargains.
Expect a modest 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.
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. Following a tragic 8 fatality accident on the Taconic in 2009 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 driver’s 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 the a combined task force of NYS Police and Sheriff’s Department.
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 Attorney’s, but DWI cases are handled by three “DWI Prosecutors” working out of the DA’s office in Poughkeepsie.
Neither judge in Milan Town Court is an attorney, but both are diligent about protecting defendant’s rights. One of the judges is a former state trooper.
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.