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Questions Answered by Toshinori Isoai
2 Answers | Asked in Traffic Tickets for New York on
Q: Court replies to mail in plea agreement under the offer section is the word cover. What's does cover mean?

I Pleaded not guilty by mail to a speeding , unlicensed operation, improper plate in Buffalo New York. The reply was a offer to reduce the speeding to a non-moving violation, disobeying a traffic device. under the offer section pertaining to the two charges of unlicensed operation and improper... View More

Toshinori Isoai
Toshinori Isoai
answered on Feb 3, 2023

That means unlicensed operation and improper plate charges will be covered under your plea to the amended charge with no independent plea to them. You will only be pleading to the reduced offense amended from the speeding. You need to note, however that disobeying a traffic device IS a moving... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: should I invest in a lawyer for an unlicensed operator ticket hearing(New York)?

I recently found out that my license had been suspended for over a year. The officer only pulled me over to let me know my lights in the back were broke, but then informed me I was unlicensed and wrote me for an unlicensed operator ticket. It was a bumper sticker ticket that was unpaid that I... View More

Toshinori Isoai
Toshinori Isoai
answered on Nov 21, 2022

There are several statutes in NY under which a summons is issued to a driver like you who didn't know his license was suspended. The violation can be a criminal offense (misdemeanor or felony) or a traffic infraction. If your is a traffic violation, you may not need a lawyer, and you may be... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: speeding ticket back in December of 2019. I plea not guilty. Never heard from court. Just got court date 3 year later

Is this ticket still valid? After 3 years? Just received the summon for a pre trial plea bargain appearance. My question is this ticket still valid after they didn’t summon me for 3 years?

Toshinori Isoai
Toshinori Isoai
answered on Nov 18, 2022

The answer is YES. Many local courts hold court sessions only few times a month and they were closed during the COVID-19 pandemic, leading to their serious case backlog. Depending on the original speed alleged and the policy/personality of the town/prosecutor/judge, you may be able to negotiate a... View More

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... View More

Toshinori Isoai
Toshinori Isoai
answered on Nov 3, 2022

Your brother should speak with a local attorney to fight or resolve this matter. PA DMV can be tricky and harsh for out-of-state violations for CDL drivers. Relatively minor violations can be treated as serious offenses such as certain speeding, unsafe lane change. Paying the fine (if it's... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: What are my options for Car tail lights got turned off accidentally during turn signal in New York?

My car lights got turned off during turn signal and the intersection was so brightly lit that I was unaware of my car lights situation. I would have identified it as I was entering the dark area but the cop stopped me right at that point and called me out of the car to see that lights are off.... View More

Toshinori Isoai
Toshinori Isoai
answered on Nov 3, 2022

You should speak with a local attorney to fight or resolve this matter. Assuming that this is not a NYC case, each township has a different personality when it comes to prosecution if traffic matters. You may be able to get the original violation reduced to a non-moving violation with a fine only.... View More

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket for failure to show proof of insurance because I couldn’t find the card but I am insured, plead guilty?

I am able to prove I had a valid insurance at the time of the ticket.

Toshinori Isoai
Toshinori Isoai
answered on Jul 15, 2022

The penalty of a "failure to show proof of insurance" violation is a fine only. It's a credential violation, not a moving violation. No point. No suspension. If you appear in court (virtually/remotely) and show the proof, some prosecutors may dismiss it; others don't. It all... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a ticket for Traffic on Marked Lanes- Trucks 39:4-88E . No points? Also officer wrote wrong state for plate#?

I received this ticket on the New Jersey turnpike.

Officer said that particular ticket was no points, is this true? Also officer wrote the wrong state for my plate. He wrote NJ, and it's NY. Can I beat this, because of that error?

Toshinori Isoai
Toshinori Isoai
answered on Jun 27, 2022

39: 4-88E is a 2-point traffic fraction in NJ. If you are a NY driver, it's highly likely that the points won't transfer. However, the lane violation can be considered to be one of the "serious traffic offenses" under VTL when committed by a CDL driver operating a commercial... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: I got a ticket for failure to yield I pleaded not guilty but my court date is many months from now

I just concluded a defensive driver course for insurance purposes

Do you think I should plead guilty and use my defensive driving course point waver to clear the point or continue to plead not guilty/get a lawyer to plead my case

Toshinori Isoai
Toshinori Isoai
answered on Jun 9, 2022

It depends on various factors including where the alleged offense happened, where your case will be heard, whether you have a valid "legally sufficient" defense, etc. Your moving violation can also be amended to a non-moving offense by way of plea negotiation in certain forums. You can... View More

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Cop gave me cell phone ticket but it was written in my spouse name(registered in spouse name) gave my license though

Car registered-spouse

Insured under me

Gave my license

Ticket written to my spouse who was not with me he put all of her information on ticket what do i do he did have body cam going

Toshinori Isoai
Toshinori Isoai
answered on Jun 2, 2022

If the tickets were issued to your spouse, then she has to defend the summonses. Calling and speaking with the court clerk will not help. Depending on your township, the court date is likely to be one or two months after the incident, which may help you since there is a law called "statute of... View More

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Re nj 39:4-81 1. What a good defense can be for this offense? 2. What is the minimum and maximum fine?
Toshinori Isoai
Toshinori Isoai
answered on May 6, 2022

You will need to show either you were not the driver or you did not fail to obey the signal. Often times, the officer claims you ran a red light and you claim the traffic light was yellow. Depending on the township, you may be able to get "meaningful" discovery (police video, intersection... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got this ticket for driving a small commercial van for my work, what can I do? I have a type D license, New Jersey.

I'm afraid of losing my license or my job

Toshinori Isoai
Toshinori Isoai
answered on May 6, 2022

You may want to speak with an experienced traffic attorney who has the sense of the township and its locality. Different townships and municipal prosecutor(s) have different personalities and policies. How your case should be approached and will be resolved may also depend on several factors such... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: I’m a 17 year old with a junior license. I turn 18 soon and I got a speeding ticket.Will my junior license get take away
Toshinori Isoai
Toshinori Isoai
answered on Apr 6, 2022

In NY, your junior license holder will be suspended for 60 days if you commit a serious traffic violation. A serious traffic violation usually means a violation with 3 or more points. In NY, a speeding offense, if convicted, carries 3 points if your speed was 1-10mph over the speed limit. Yes,... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: My husband got a traffic ticket in the morning while dropping our son to school. He passed a school bus stopped

My husband got a traffic ticket in the morning while dropping our son to school. He passed a school bus (failed to notice) stopped in the opposite direction. He was going to drop off our son to school early. The incident happened right after he backed out from our driveway. It was a chaotic... View More

Toshinori Isoai
Toshinori Isoai
answered on Apr 6, 2022

Under VTL 1174, a driver must stop for a school bus picking up or discharging passengers. It's a straight forward statute with no consideration of the driver's intent. Your personal necessity (of getting to school early) or other factors (such as a bad weather, "everybody was passing... View More

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket today for fictitious plates in NJ in south Hackensack NJ. Will the charge get dropped or lowered

I bought the car in a private sale and attempted to drive it to the DMV with license plates from my previous car. Officer pulled me over and impounded the car. He issued me two tickets: driving/parking unregistered car and then fictitious plates. After the incident I immediately went and... View More

Toshinori Isoai
Toshinori Isoai
answered on Apr 6, 2022

If you bought a vehicle and the temp plate came with the vehicle, then you may be able to argue that you didn't know it was fake since the shop put it on. Driving unregistered vehicle is a minor violation which practically carries a fine only. It's a payable ticket but the fine will go up... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: Who gets a ticket if pulled over for no registration vehicle owner or the driver
Toshinori Isoai
Toshinori Isoai
answered on Mar 9, 2022

It depends on the officer who stopped you, but you can get the ticket for driving unregistered vehicle OR "failure to present a valid registration".

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a New Jersey license, but got a New York speeding ticket. I know this will give 2 point from NJ motor vehicle.

Can I still fight to not get these points at all? Or will get them regardless? If so I know I can do a defensive driving course to remove, but will my insurance still increase ?

Toshinori Isoai
Toshinori Isoai
answered on Mar 7, 2022

If you received the speeding ticket in NYC and that's the only ticket you got, then your case will be heard in the place called "Traffic Violations Bureau (TVB)" which looks like another court but it's actually an administrative "agency" run by the NY DMV, not the... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: Parking tickets. Is it legal 2 receive 2 violations in less than 2 hours?
Toshinori Isoai
Toshinori Isoai
answered on Feb 24, 2022

Most likely yes, depending on the circumstances. You, however, may want to carefully and thoroughly analyze all the information on the tickets for any facial defect for dismissal.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Do school busses have to follow no stopping anyyime signs. If they made an illegal stop can it null my ticket

I got a camera fine for passing a school bus as the lights came out. But the bus stopped in a no stopping zone. And I wouldve had to slam on my breaks to maybe catch the bus.

Toshinori Isoai
Toshinori Isoai
answered on Feb 23, 2022

In NYS, you are most likely required to stop whenever a school bus is stopping on a public highway, street or private road for the purpose of picking up or discharging passengers and one red signal lamp is flashing.

3 Answers | Asked in Traffic Tickets for New York on
Q: How to deal with a 70 in a 65 speeding ticket in New York State?

I got a plea bargain letter that could convert the speeding ticket to VTL 1110A Disobeyed Traffic Control Device w/$150 fine. But I may still get 3 points.

Toshinori Isoai
Toshinori Isoai
answered on Feb 9, 2022

Assuming that you have a NY license, yes, 1110A will put "2" points on your license. If the original speeding is 70 in 65, 1110A may seem a little bit unreasonable, but it depends on the circumstances surrounding your case and policy and personality of the town/village and/or the... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: Is it legal for a police officer to come to your home and demand a sobriety test in the home 2 hours after aaccident?

Car slide on ice and hit a pole. No drinking involved. Called AAA, they said they’d arrive shortly. It was cold and my husband had a cut on hand, not severe. My son picked up my husband, took him to our home to treat injury and I waited for A A A. Waited 2 hrs. Someone called police while I was... View More

Toshinori Isoai
Toshinori Isoai
answered on Feb 7, 2022

First, your husband didn't get a summons for DWI, which is a relieving thing (even if there is no way for him to get convicted of that). FYI, Red eye, bloodshot and watery eyes, slurred speech, etc. are not necessary indicia of being under influence.

Keep in mind that the People...
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