Practice Area
Traffic Law
Representation in traffic cases — drunk driving, license suspensions, serious accidents and urgent proceedings.
The legal scale after a fatal accident
A driver who caused the death of a person in an accident faces one of three possible charges, and the gap between them is enormous: causing death by negligence (Section 64 of the Traffic Ordinance), when the driver was not aware of the risk but a reasonable person would have been aware of it: up to 3 years of imprisonment and a minimum disqualification; reckless manslaughter (Section 301G of the Penal Law), when the driver was aware of the risk and hoped it would not materialize, drunk driving, wild speeding, dangerous overtaking: up to 12 years of imprisonment; and murder or homicide by indifference in extreme cases. The classification of the charge is the central legal battle, and it is determined to a large extent by the findings of the traffic accident investigators and the driver's statement in interrogation.
The investigation: traffic accident investigators and the scene
A fatal accident is handled by traffic accident investigators: scene measurements, speed calculations based on skid marks and damage, "black box" data from the vehicles, cameras, and location data. The investigator's expert opinion is the central piece of evidence, and it can be challenged through a traffic accident investigator on behalf of the defense: a difference of just a few kilometers per hour in the speed calculation, or the question of the pedestrian's visibility, decides cases. The driver is questioned under caution, usually close to the event and while in shock, and must not give a technical version before receiving advice.
What is the Medical Institute for Road Safety and when does one get referred there?
The Medical Institute for Road Safety is the body authorized to examine the medical and mental fitness of drivers. The Licensing Authority refers drivers to it in defined situations: accumulation of 72 points or more; convictions for driving under the influence of alcohol or drugs; medical or mental information that reached the authority, including doctors' reports and hospitalizations; serious accidents; and applications for professional licenses. Until the examinations are completed, the license is often suspended, and the driver finds himself unable to drive for months.
What does the examination look like?
The examination includes questionnaires, an interview with a doctor, and sometimes computerized psychological assessment and specialist examinations by an expert, psychiatrist, or neurologist. Based on these, the institute determines: fit, fit with conditions, such as glasses or periodic reviews, or unfit, a determination that revokes the license. The familiar problem: the process is conducted while the driver does not understand what is being examined and how, and innocent answers in the questionnaires and interview, about the past, treatment, and drinking, determine the outcome to his detriment.
Appeal of a decision of the Medical Institute for Road Safety
A finding of unfitness is not the end of the road: there is a right to appeal to a medical appeals committee, within the prescribed period, and the appeal can be supported by medical and psychological expert opinions on behalf of the driver. Reasoned appeals, submitted with a professional opposing expert opinion, are accepted. It is also possible and advisable to prepare properly for repeat examinations.
The legal scale after a fatal accident — what is important to know?
A driver who caused the death of a person in an accident faces one of three possible charges, and the gap between them is enormous: causing death by negligence (Section 64 of the Traffic Ordinance), when the driver was not aware of the risk but a reasonable person would have been aware of it: up to 3 years of imprisonment and a minimum disqualification; reckless manslaughter (Section 301G of the Penal Law), when the driver was aware of the risk and hoped it would not materialize, drunk driving, wild speeding, dangerous overtaking: up to 12 years of imprisonment; and murder or homicide by indifference in extreme cases. The classification of the charge is the central legal battle, and it is determined to a large extent by the findings of the traffic accident investigators and the driver's statement in interrogation.
The investigation: traffic accident investigators and the scene — what is important to know?
A fatal accident is handled by traffic accident investigators: scene measurements, speed calculations based on skid marks and damage, "black box" data from the vehicles, cameras, and location data. The investigator's expert opinion is the central piece of evidence, and it can be challenged through a traffic accident investigator on behalf of the defense: a difference of just a few kilometers per hour in the speed calculation, or the question of the pedestrian's visibility, decides cases. The driver is questioned under caution, usually close to the event and while in shock, and must not give a technical version before receiving advice.
What does the examination look like?
The examination includes questionnaires, an interview with a doctor, and sometimes computerized psychological assessment and specialist examinations by an expert, psychiatrist, or neurologist. Based on these, the institute determines: fit, fit with conditions, such as glasses or periodic reviews, or unfit, a determination that revokes the license. The familiar problem: the process is conducted while the driver does not understand what is being examined and how, and innocent answers in the questionnaires and interview, about the past, treatment, and drinking, determine the outcome to his detriment.
Appeal of a decision of the Medical Institute for Road Safety — what is important to know?
A finding of unfitness is not the end of the road: there is a right to appeal to a medical appeals committee, within the prescribed period, and the appeal can be supported by medical and psychological expert opinions on behalf of the driver. Reasoned appeals, submitted with a professional opposing expert opinion, are accepted. It is also possible and advisable to prepare properly for repeat examinations.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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