Traffic Enforcement & Prosecution
The Town of Fallsburg is mostly made up of rural highways, with no major expressways. Enforcement is handled primarily by the local police, with assistance from the NYS Police from “Troop F” and the Sullivan County Sheriff’s Office. As there are no major highways to patrol, enforcement is strictest in the most heavily populated areas and along NY-52. Speeding tickets are usually written for speeds less than 10 mph over the limit in lower speed zones. In addition, the police regularly look for miscellaneous vehicle and traffic violations to initiate traffic stops.
Both 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 handles tickets written by the NYS police. 95% of state police tickets are adjudicated through plea bargains with the prosecutor. The Prosecutor and both judges are reasonable about plea bargains as long as the speed is not too high.
Local police officers generally prosecute their own tickets, though the prosecutor may substitute for them. Again, most tickets are resolved through plea bargains.
Expect a line of people waiting to talk to the prosecutor about a plea bargain. A 1-2 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 Sullivan County District Attorney’s Office. The Sullivan DA’s office has taken a fairly hard line on DWI prosecutions. There are typically hundreds of alcohol-related driving arrests for impaired or intoxicated driving (DWI, DWAI, DWAI-D) in Sullivan County every year. Both the NYS Police and the Sullivan 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 Sullivan County District Attorney’s office.
One of the judges inFallsburg Town Court is an attorney.
For more information about DWI, click here.
To read some Frequently Asked Questions about DWI, click here.