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Tiffany’s Law

Overview

Charged with Tiffany’s Law?
We are here to help you 24/7

When it comes to Tiffany’s Law – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Tiffany’s Law charge.

Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending NYS Child Passenger Protection Act Charges in New York State

Strategies and Considerations

Tiffany’s Law, also known as the New York State (NYS) Child Passenger Protection Act, is a significant piece of legislation designed to enhance the safety of children in motor vehicles. This law, named after Tiffany Heitkamp, a child who tragically lost her life in a car crash, aims to ensure that all children are properly secured in child safety seats while traveling in a motor vehicle. Tiffany’s Law addresses various aspects of child passenger safety, including age and size requirements, as well as the proper use of child restraint systems.

One fundamental aspect of Tiffany’s Law is the establishment of age and size-based guidelines for child passengers. It mandates that all children under the age of two must be secured in a rear-facing child restraint system. This provision is rooted in research demonstrating that rear-facing car seats offer better protection for infants and young toddlers in the event of a crash. For children between the ages of two and four, they must be secured in either a rear-facing seat or a forward-facing seat with a harness system, depending on their size and weight.

Moreover, Tiffany’s Law outlines specific requirements for older children as well. Children who are between four and eight years old and are less than four feet nine inches in height are required to be secured in an appropriate booster seat. The law stresses the importance of transitioning children from one type of restraint system to another as they grow and develop.

Tiffany’s Law is intended to serve as a crucial measure for enhancing child passenger safety in NYS. It is important for caregivers and parents to familiarize themselves with the law’s provisions to ensure that children are adequately protected while traveling in motor vehicles. Complying with the law’s requirements is not only a legal obligation but, more importantly, a step towards reducing the risk of injury to children in the event of an accident.

Penalties for a Tiffany’s Law Charge in New York State

Penalties for violating Tiffany’s Law may include fines and/or points on the driver’s license of the responsible adult, caregiver, or parent. The specific penalties can vary depending on the nature and severity of the violation, and the consequences may be imposed as follows
It’s important to note that the exact penalties for Tiffany’s Law charges can vary based on the circumstances and the number of previous violations.

Building a Robust Defense Strategy

1
Evaluating the Traffic Stop
The foundation of any Tiffany’s Law defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.
2
Challenging Sobriety Tests
Tiffany’s Law cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.
3
Questioning Chemical Tests
Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Tiffany’s Law cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.
4
Medical Conditions and Prescription Medications
Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.
5
Constructing Alternative Explanations
We work closely with our clients to gather detailed accounts of the events leading up to their Tiffany’s Law charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.
Our legal team is well-versed in the nuanced laws of New York State, including its Tiffany’s Law statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:
Negotiating Reductions
Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.
Challenging Evidence in Court
If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.
Protecting Driving Privileges
Tiffany’s Law convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Tiffany’s Law charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Tiffany’s Law charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

Tiffany’s Law is the colloquial name for the New York State Child Passenger Protection Act, which sets regulations for the proper use of child restraint systems in motor vehicles.
Tiffany’s Law applies to all caregivers and parents transporting children in motor vehicles in New York State.
Children under the age of two must be secured in a rear-facing child restraint system.
Yes, children aged two to four must be secured in either a rear-facing seat or a forward-facing seat with a harness system, depending on their size and weight.
Children aged four to eight who are less than four feet nine inches in height must use an appropriate booster seat.
Violations can result in fines and points on the driver’s license of the responsible adult or caregiver.
Fines for violations can range from $25 to $100 for the first offense and up to $100 to $250 for subsequent violations.
Yes, violations can result in points being added to the driver’s license, which may lead to increased insurance premiums and potential license suspension.
There are some medical and vehicle-related exemptions. However, these exemptions are limited and specific.
You can refer to the official New York State Department of Motor Vehicles website or consult with local law enforcement agencies for more information about Tiffany’s Law and its enforcement in the state.
If you have any other questions, please contact us at info@dwiteam.com
Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Tiffany’s Law in New York State.

Proven Team that Provides Results Through Advocacy

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

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Tiffany’s Law