Steve Katz, an Assemblyman from Yorktown who was first elected in 2010, was charged on Thursday, March 14 with unlawful possession of marijuana and speeding after being stopped by a trooper on the New York State Thruway near Albany, New York. Katz was ticketed for traveling at 80 miles per hour in a sixty five m.p.h zone. Apparently, when the trooper approached Katz’ car, he detected an odor of marijuana. Katz then handed over what is described as a small bag of marijuana to the trooper.
Mr. Katz is a member of the New York State Assembly’s Committee on Alcoholism and Drug Abuse. Last year, he was vocal in his opposition to the legalization of medical marijuana and voted against a bill to do so in the assembly. During the consideration of the legislation, Mr. Katz was quoted as stating: “Our community has been stricken with an increase in drug use and drunk driving by our youngest citizens.”
Katz was given an appearance ticket and must appear in the Coeymans Court on March 28, 2013. For the unlawful possession of marijuana violation, Katz could be fined $100.00. For the traffic infraction of excessive speed based on 15 miles an hour over the posted limit, Katz is facing a fine in the range between $90.00 and $300.00 in addition to a mandatory New York State surcharge of $85.00. Further, drivers who are convicted of or who plead guilty to driving 11-20 miles per hour over the speed limit will have 4 points assessed on their licenses. Drivers who accrue 11 points in an 18 month period will have their licenses suspended.
I would expect that Mr. Katz will retain an attorney to plead the speeding infraction to a non moving violation such as failure to wear a seat belt, which would still involve fines and surcharges of approximately $135.00 total, but not result in points on his driver’s license. As for the criminal violation of unlawful possession, Mr. Katz will probably seek what is called an “ACD”, or adjournment in contemplation of dismissal. This means that if has no other charges with a 6 month or one year time frame, the charges will be dismissed. A conviction on an unlawful possession of marijuana violation would result in fines with mandatory surcharge of approximately $200.00 for a first offense under the New York Penal Law Section 221.05.
If you or a family member are charged with a crime or traffic infraction, contact the Westchester County Criminal Defense Attorneys at the Law Office of Mark A. Siesel for a free consultation to discuss your case in detail and your legal options.