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Questions Answered by Toshinori Isoai
1 Answer | Asked in Traffic Tickets for New York on
Q: I was given 5 summonses for operating an electric scooter what can I do about these

Driving on sidewalk

Failure to yield to pedestrian

No motorcycle plate

Unregistered motor vehicle

Unlicensed operator

It’s a tail g 72/32 eagle

Top speed is 52km/h fully throttled

Toshinori Isoai
Toshinori Isoai
answered on Nov 30, 2021

What kind of type your "electric scooter" is must be addressed. Assuming that it's an e-scooter, there is a speed restriction in NYC. If you go above the speed limit, then it can be a violation. You won't need a plate for it. It cannot be registered in NYC, so no license plate... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: What law exempts me from paying a parking ticket for, when at that moment, I was hit by a car in serious condition?

Could not move my car because, I was in intensive care; at the time, the car needed to be moved for alternate side of the street parking; Hit at the same hour, when the car needed to be moved.

Toshinori Isoai
Toshinori Isoai
answered on Nov 29, 2021

The fact you were unable to physically move your car will probably not be a defense to dismiss the ticket. However, sometimes, a parking ticket is written defectively (missing some info or containing inaccurate description, etc.), which can be a ground for dismissal. Also, you can dispute the... View More

2 Answers | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket for going 85 in a 55mph zone. Is that considered reckless driving.
Toshinori Isoai
Toshinori Isoai
answered on Nov 22, 2021

No. Speeding violation is a speeding violation which is a traffic violation. Reckless driving in NY is a criminal offense (misdemeanor). If the officer had intended to issue a summons for Reckless driving, you would have got one independent of the speeding ticket.

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1 Answer | Asked in Real Estate Law for New York on
Q: Is a home seller required to disclose heavily infested roaches in the basement?

Recently got this house, I discovered it was heavily infested with this huge roaches which wasn’t disclosed to us. Do I have a case ? Is the seller responsible or I’m out of luck ?

Toshinori Isoai
Toshinori Isoai
answered on Nov 16, 2021

Probably no (out of lock) unless you had a specific provision for it in the sales contract designed to survive the closing to hold the Seller responsible for any damage or expenses incurred in connection with the newly discovered infestation.

Seller usually has the obligation in NYS to...
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2 Answers | Asked in Criminal Law for New York on
Q: Hello my 18 year old son and his friends were walking around kings park abandoned buildings and got a ticket trespassing

What is the fine

Toshinori Isoai
Toshinori Isoai
answered on Nov 16, 2021

If your son and his friend were charged with § 140.05., then it's a violation, not a criminal offense, but it has a potential jail time if convicted. You should know that the People (State) are obligated to prove every single element of the charge and your son has no duty to disprove anything.

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1 Answer | Asked in Real Estate Law for New York on
Q: the 20-day arbitration window does that include Sat and Sunday
Toshinori Isoai
Toshinori Isoai
answered on Nov 15, 2021

Yes. If the last day falls on a weekend or holiday it extends to the end of the next business day.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can a New Jersey cop pull you over and give you a ticket for not having a horn or bell on your bicycle
Toshinori Isoai
Toshinori Isoai
answered on Nov 15, 2021

Yes. In NJ, a bell or other warning device is required for a bicycle N.J.S.A. 39:4-11.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How can I interprate 2021NJ law Section 39:4-56.1 B
Toshinori Isoai
Toshinori Isoai
answered on Nov 15, 2021

It's an abandonment charge which is serious. A $200-$500 fine for the first offense and license suspension for 1 year plus, IF CONVICTED. There are various situations where you get this ticket regardless of your intention, i.e. your car broke down, your phone was dead, you walked to the gas... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: How do you submit a waiver of statue of limitation to the judge?
Toshinori Isoai
Toshinori Isoai
answered on Nov 15, 2021

Are you the defendant or plaintiff? More contexts will be needed for a decent answer to your question.

4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I be issued 2 tickets for same offense on same day?

Received a ticket for parking too close to a fire hydrant at 4:48 am which I paid. Then just received a notice for another ticket, which apparently was issued at 8:16 am the same day. I did not receive this ticket and was not even aware of it until today. Do I have to also pay this one?

Toshinori Isoai
Toshinori Isoai
answered on Nov 15, 2021

I recommend you contact the court first and ensure they are in the court system and these are not the same tickets. If two separate tickets, you should consider whether you contest/dispute the 2nd ticket and speak with the prosecutor (which means you will need to take some time off from work etc... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: I need to file a motion to vacate a plea of guilty to a speeding ticket. Where can I find the form?

Sent the ticket in immediately. Then was offered a reduction by the DA. I want to withdraw my plea and accept the DAs offer. Where can I find the correct form needed.

Toshinori Isoai
Toshinori Isoai
answered on Nov 3, 2021

The common route taken in your situation will be filing a motion to vacate with the court which basically asks the court to "undo" your plea to the original charge. In local courts (town courts, village courts, etc), the judge has the discretion to grant (allow) or deny (refuse) the... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: hello there, i got seat belt violation in NYC but i received two different tickets!

I got pulled over last week in NYC for seat belt violation the officer printed one ticket and few days later i went online to plea and pay it but i saw two same tickets for same violation and i also received them by mail, that should definitely be an error by dmv, what should i do about it? thanks!

Toshinori Isoai
Toshinori Isoai
answered on Nov 2, 2021

Seat belt violations in NY can be tricky. If the duplicate tickets are indeed 2 sets of the same ticket (same summons#, same violation sections, same locations, same officer, same issuance time), then there is a chance that they were issued in error, but if not, there maybe a legitimate reason you... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Is a 39:3-40 violation worth fighting or will a lawyer be too expensive. Suspension was for uninsured old car I junked

I was unaware I was suspended but that was only due to me not checking my mail in time. I took all the necessary steps to restore everything, but I am concerned about point penalties and my driving privilege being revoked

Toshinori Isoai
Toshinori Isoai
answered on Oct 25, 2021

Are you restored now? 3-40 is a very serious charge especially if the underlying suspension was due to no insurance. If you have been restored, it can be reduced to a less serious violation relatively easily with a fine (and possible surcharge) only. If not, you may need to get a lawyer and gear... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Do I have a case against previous homeowner for NOT disclosing an invasive species of plant taking over our yard?

We did a walk through on the house in late October, placed a bid that was accepted and, closed in December and then in the spring these plants started growing all over the yard, we discovered what they are (Japanese knot wood) and found out that they are very invasive and can eventually cause... View More

Toshinori Isoai
Toshinori Isoai
answered on Oct 25, 2021

Probably no (out of lock) unless you had a specific provision for it in the sales contract designed to survive the closing.

Seller usually has the obligation in NYS to present Property Condition Disclosure Statement to the purchaser, but often times the obligation is waived by giving an...
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1 Answer | Asked in Traffic Tickets for New York on
Q: im a NJ driver and resident i got pulled over in NYC for not wearing a seat belt do i get points in NJ license?
Toshinori Isoai
Toshinori Isoai
answered on Oct 24, 2021

Seatbelt offense can be tricky. It's likely that you get 2 points assessed on your NJ license for the seatbelt offense in NY even though you can get assessed more points if a NY driver in NYS depending on the ages of the parties involved in the offense.

2 Answers | Asked in Business Law for New York on
Q: How do I transfer legal ownership of my business from me to someone else

Operating in NY

Toshinori Isoai
Toshinori Isoai
answered on Oct 14, 2021

There are various ways to convey your ownership interest to another party. What's essential in the transaction is to avoid or minimize your liability after the transfer of your interest. What's called "due diligence" will play the key role in the process. Some people try to sell... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: Should I fight a speeding ticket if the confidential info section & other info is wrong?

I got pulled over by an unmarked PA State Trooper (the ticket says he was in a marked vehicle). He verbally told me I was going 64 in a 55, then issued me a ticket for 60 in a 55 to "do me a favor" since I otherwise have a clean driving record. In the confidential info section, he tries... View More

Toshinori Isoai
Toshinori Isoai
answered on Sep 10, 2021

Assuming that you were going at 64 in 55 and the officer put down 60 in 55, then maybe the officer thought he was indeed cutting you a break, since a speeding for less than 5 mph in PA is generally a no point violation. If you have a PA license, 60 in 55 could be a nice treatment.

However,...
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2 Answers | Asked in DUI / DWI for New York on
Q: First offense DWI. First offense, no accident 1192.2 and 1192.3 and 1128a. Returned Dl. What to expect in court?

Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee. Can go down to DWAI since is first... View More

Toshinori Isoai
Toshinori Isoai
answered on Sep 1, 2021

You should retain a DWI attorney who knows the personality of the county. Westchester County has a strict policy in terms of when they offer a plea bargain to a lesser charge and what their recommended sentencing may be.

DWI cases usually do not get resolved overnight or quickly, partially...
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1 Answer | Asked in Traffic Tickets for New York on
Q: My vehicle was towed yesterday moving it from deal in Tennessee to a shop in Buffalo New York because of a registration
Toshinori Isoai
Toshinori Isoai
answered on Aug 31, 2021

I do not see a question here. We need more detailed descriptions of the issue.

3 Answers | Asked in DUI / DWI for New York on
Q: DUI NY First time ofense. Charged w/ 1192.2, 1192.3 and 1128A. Returned DL and told can drive. What can expect in court?

Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee

Toshinori Isoai
Toshinori Isoai
answered on Aug 30, 2021

It's a statutory DWI (per se) and DWI based on common law. When you get charged with DWI, you are often charged with both. 1128A is a unsafe lane change violation. I strongly recommend that you retain an experienced attorney since it's a complicated area of law with serious ramification... View More

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