Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Toshinori Isoai
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... Read more »

View More Answers

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... Read more »

View More Answers

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... Read 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... Read more »

View More Answers

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... Read more »

View More Answers

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... Read more »

View More Answers

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,... Read 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... Read 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... Read 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... Read 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... Read more »

View More Answers

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".

View More Answers

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... Read more »

View More Answers

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.

View More Answers

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... Read more »

View More Answers

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... Read 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...
Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: Am I entitled to dismissal of traffic tickets in NY City TVB for speedy trial violation?

I got two tickets in January of 2019. Seatbelt and speeding (speed in zone 11-30, 4 points). I initially filed a written response in lieu of appearance. Court has adjourned it on its own (I never requested adjournment) 4 times. They just recently adjourned it to July 2022. Is it possible to get it... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Feb 1, 2022

No. TVB is an administrative court and the speedy trial defense doesn't apply to your traffic matters in TVB. The court is authorized to administratively change your court dates.

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: In nys can a nursing home take a life insurance payout to the nursing home resident if the spouse still thier home dies

My mom is in a nursing home. They are asking me to become her power of attorney. Her husband he still lives home is not doing well and will probably pass soon. The nursing home is trying to put my mom on medicaid to pay for her long term treatment. When her husband dies, will the nursing home get... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Jan 26, 2022

This has to be thoroughly examined and analyzed. Who is the beneficiary of the policy? What is the cash value (not benefit) of it? Whose house is her spouse living now? Medicaid application must be well cultivated and planned in advance because there is a cap for both income and assets of the... Read more »

2 Answers | Asked in Elder Law for New York on
Q: In ny we would like to pay the penalty for Medicaid cured ?
Toshinori Isoai
Toshinori Isoai
answered on Jan 13, 2022

It's not quite clear what is being asked here, but if a penalty period is concerned, in NY, you do not "pay" penalties to Medicaid to cure or get rid of the penalty period. If your penalty period was conclusively determined to be 6 months due to transactions such as certain transfers... Read more »

View More Answers

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a speeding ticket for $55 in New Jersey. The cop told me I don’t need to go to court I should just pay online

Does this mean I also got points on my lisence ?

Toshinori Isoai
Toshinori Isoai
answered on Jan 8, 2022

It depends. If you have a NJ license, then it's likely that you will be assessed points but if you have a license from other states, it may not be the case.

View More Answers

2 Answers | Asked in Traffic Tickets for New York on
Q: Can I get a plea deal if I was speeding 91 in a 50. 11 points pending, but a clean record the last 2 years in NYC.

I have a court case where I was "speeding 41 over" which is the exact amount for automatic suspension. Officer pulled me over and was immediately annoyed about a sticker on my windshield. He told me to take it off my windshield and to never put it on even though it was from a PBA... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Jan 4, 2022

Sorry for the situation. 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... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.