"Dear Students,"

Each week in this column you will be able to find tips and advice on legal situations that can affect you. Remember it is more than just knowing your rights in some cases; it is a matter of knowing how to respond to and prevent legal issues.

This week's tips:

What to do if you get pulled over:

When approached by an emergency vehicle whose siren and lights are activated, according to New York Vehicle and Traffic Law ?\0xA41144, drivers must yield. Whether the emergency vehicle approaches from front or rear makes no difference. The New York Department of Motor Vehicles instructs drivers to pull over to the right-hand edge or curb, clear of any intersection. Stop and remain stopped until the emergency vehicle is clear or otherwise instructed by a police officer.

If you see flashing lights in your rear-view mirror and they follow your car, you are probably being stopped. Promptly pull over parallel to the curb. It's important not to delay, because if you coast along for a few blocks you arouse suspicion and also it is obvious you are not paying attention to your driving. According to the FBI's Law Enforcement Officers Killed Report, in 2003 (the most recent year for which data is available) 14 officers were feloniously killed during traffic stops and six were fatally struck by other vehicles. These statistics are evidence of how concerned officers have to be for their own safety when conducting a traffic stop. Get off on the right foot with an officer by showing that you respect their safety: find a safe place to pull over, keep your hands on the wheel where the officer can see them, and stay in the car.

Be courteous when the officer approaches your car. Not all traffic stops result from the police witnessing you commit a traffic violation; you could match the description of a suspect, or the officer may believe you are in trouble and in need of assistance.

A pamphlet published by the Erie County Chief of Police Association advises a driver who is pulled over to put the dome light on if it is nighttime, have your passengers keep quiet, and to cooperate with instructions.

You have the right to ask the officer questions. He must identify himself upon request and show identification if he is not in uniform. He should also inform you of the reason you are being stopped. The officer will only arrest you if he has seen you commit a crime or has probable cause to believe you have committed a crime.

What to do if you get a ticket:

If you get a ticket, you will be presented with the option of entering a plea of guilty or not guilty. The ticket will require you to first enter a guilty plea and pay by mail, or check a box marked "not guilty" and be notified by mail of your scheduled court date.

Anyone charged with a moving violation to send in a plea of not guilty Mark Nemeth, Grand Island Prosecutor, advises. When your court date arrives, you'll meet the town prosecutor after signing in with the bailiff. If you feel the need to explain your side of the story, you might find a willing ear with the prosecutor. One attorney advises his clients to apologize for the infraction or present documentation that shows there was not an infraction. For example, if you received a ticket/summons for not having insurance and at the time of your court date you have documents proving you had insurance at the time the ticket was issued; you obviously did not commit the infraction, and can show this to the prosecutor who can dismiss the summons.

Mr. Nemeth also explains, "If somebody comes in to me with a speeding ticket, I'll tell them how many points the ticket is worth on their license. It's always to your advantage to go in and talk to the prosecutor." Points are more important than ever since the introduction of a new state law which allows the Department of Motor Vehicles to charge a $300 safe driving surcharge for drivers assessed six points or more within 18 months. Accruing 11 points or more in 18 months could result in a suspension of your driver's license. Even though it will seem like a waste of a weekend afternoon, driving school is a great way to avoid getting points on your license.

During the discussion, the prosecutor may offer you a deal, if you are guilty of the alleged offense. Depending on the severity of the traffic infraction(s), your ticket may be reduced to a parking ticket-with no points on your license. The prosecutor's deal will become a suggested plea disposition, which goes to the town justice.

Even in the event that a plea deal has been made and accepted, honestly answer any questions the judge may have. A final assessment of how to penalize you will then be made or accepted from the plea arrangement.

The ordeal is over when you've paid your fine and completed driving school, if necessary. Among all the other advice in this article, it is worth mentioning that safe, defensive driving can help you forego any of the grief associated with getting a ticket.

We hope this information is helpful, and remember that the SBI Legal Assistance office is here to help you with your legal, questions, concerns, and situations. If you have any topics you would like us to address here please email me at the address below. We are located in suite 377 of the student Union with hours Mon-Fri 12-noon till 5 p.m. Our phone number is 645-3056.