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Questions Answered by Eli Moore
2 Answers | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: Using iPhone to adjust hearing aid volume

I received a violation for using a cell phone, in White plains,ny, while adjusting the volume on my blue tooth hearing aid. (I was holding the iphone in my hand to do this).

When making calls the iPhone sits on the seat next to me as my hearing aids make the call(s) hands free.

Eli Moore
Eli Moore answered on Jan 12, 2020

It is a violation to hold the phone while driving. even though you were not on a call.

You should plead not guilty and request a conference where you will meet with a member of the White Plains Police Department. This is a 5 point violation but should be reduced to 2 points if you have a...
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1 Answer | Asked in Traffic Tickets for New York on
Q: I got pulled over by a unmarked car on the bronx river. He pulled me over for no signal lane change, but

He also gave me a ticket for Stopping on the highway. He said he didnt like where i pulled over at took my license and made me get off the next exit. Is this points on your license? Worth fighting in court?

Yonkers court.

Eli Moore
Eli Moore answered on Jan 8, 2020

Failure to signal is a 2 point violation. I would recommend pleading not guilty. You will receive a conference date at which time you should try to get a reduction to a non-moving, no point violation. It is also possible to get the second ticket dismissed as covered by the plea

1 Answer | Asked in Traffic Tickets for New York on
Q: My Red Light ticket in NY will be more than 20 months old on the day of hearing, is this an automatic dismissal ?

Is there such a thing as auto dismiss if ticket is more than 18 months old

Eli Moore
Eli Moore answered on Dec 29, 2019

No dismissal as speedy trial does not apply to traffic infractions.

However, once 18 months have passed from the date of the ticket the points will no longer appear on your DMV record

2 Answers | Asked in Traffic Tickets for New York on
Q: I had a no seat belt ticket in 2002 but just finding out about it now It’s been 18 years is there a limitation on this
Eli Moore
Eli Moore answered on Dec 16, 2019

Unfortunately, there is no statute of limitations regarding traffic tickets

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1 Answer | Asked in Traffic Tickets for New York on
Q: I received a ticket in nyc under 1225d (having electronic device in hand), but I have a FL license. will i get points?
Eli Moore
Eli Moore answered on Oct 1, 2019

This is a 5 point violation which will stay on your record in New York State for 18 months from the date of violation. Even though you have a Florida license, your driving privileges in New York will be suspended if you reach 11 points or more within an 18 month period.

I would recommend...
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1 Answer | Asked in Traffic Tickets for New York on
Q: ¿WHAT I CAN DO? ¿ARE THIS HAPPENING FREQUENTLY?

Hellou Guys I just want to know something. i get convicted with 3 points few days ago, now i saw 3 points in my total of DMV record. But i don't know why they counting these points if the ticket is not a recent violation, these ticket was 3 years ago. So in this case: ¿Does not suppose the DMV to... Read more »

Eli Moore
Eli Moore answered on Aug 28, 2019

The conviction and points will appear on your record for 4 years. However, the points disappear and go back to zero 18 months after the date of violation.

1 Answer | Asked in Traffic Tickets for New York on
Q: Can violations from 16 years ago effect my license or is there a statute in NYS?

Was recently pulled over with what I thought was an expired license (I live in Brooklyn and rarely drive, idiotic and lazy I know). They brought back tickets unpaid from 16 years ago and suspended my license. Is there a statute, and if I hire a lawyer is this something they could fight and knock... Read more »

Eli Moore
Eli Moore answered on Jul 10, 2019

Sorry, there is no statute of limitations for traffic tickets. You must clear up all your old tickets and fines in order to lift the license suspension

1 Answer | Asked in Traffic Tickets for New York on
Q: have traffic court in Jan 2020 but moved to NJ, what should i do?

I have an upcoming traffic court date of January 2020, however i have recently moved to New Jersey. What should I do, don't I have to hand in my NY license within 60 days?

Eli Moore
Eli Moore answered on Jul 9, 2019

You can apply for a New Jersey license even though you have a pending traffic ticket in New York.

I assume you have pleaded not guilty and have a hearing date next January. Until you either plead guilty or are found guilty after a hearing, this ticket will not show up anywhere.

2 Answers | Asked in Traffic Tickets for New York on
Q: Does being out of state driver help me in anyway to plea not guilty for speeding ticket 1180D?

I am 25 years old with CA license with a clean record. Got pulled over for 91 mph in 65 mph on 7/4.

Eli Moore
Eli Moore answered on Jul 9, 2019

This is a 6 point violation. Even though you have a California license, if you are found guilty of this violation, the points would remain on your record in New York for 18 months. If you reach 11 points or 3 speeding convictions within an 18 month period you will lose your driving privileges in... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: I have received 2 Tickets for No inadequate lights (3752A1) and inadequate plate lamps (3752A4)

I got two tickets on same day and same time for No inadequate lights (3752A1) and inadequate plate lamps (3752A4) and i have fixed issue and have invoice. I have done NY state inspection and registered vechicle 2 weeks back. I have records of car service time to time. Court Date is Next month.... Read more »

Eli Moore
Eli Moore answered on Mar 24, 2019

You should plead not guilty and request a hearing. At the hearing bring proof of repair.

If you made the repair within a day or two, you might be able to get the charges dismissed. At the very least you should get a reduction in the fine amount

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2 Answers | Asked in Traffic Tickets for New York on
Q: Failure to stop@ stop sign. The cop told me to plead not guilty since I didn't see stop sign. Do I need lawyer?

I had no idea that I'd done anything wrong. I was not speeding and am 61 years old. Cop seemed apologetic but still gave ticket.

Eli Moore
Eli Moore answered on Jan 6, 2019

You can handle the matter yourself. However, you are facing 3 points if found guilty. If you have an attorney appear on your behalf you do not need to go to court. An experienced traffic attorney might be able to reduce the ticket to a non-moving, no points violation. An attorney might even be able... Read more »

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1 Answer | Asked in Traffic Tickets for New York on
Q: If my friend runs a red light but is driving my truck, is it possible for them to suspend my license?
Eli Moore
Eli Moore answered on Nov 20, 2018

If you are referring to a red light camera ticket, (that one receives by mail) then you are liable for the ticket as the registered owner of the vehicle. If the ticket remains unpaid you could face license or registration suspension.

If the driver of the truck was stopped running a red...
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2 Answers | Asked in Traffic Tickets for New York on
Q: i was locked up for a few months , i come home to a bunch of tickets , its very obvious that someone was driving my

my car without my permission . ,can i dispute the tickets for the time i was incarcerated

Eli Moore
Eli Moore answered on Oct 17, 2018

It depends on the type of ticket you are referring to. If parking tickets, you are responsible as the owner of the vehicle. If moving violations where someone gave your name, you should dispute these tickets with proof of incarceration.

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1 Answer | Asked in Traffic Tickets for New York on
Q: To plead not guilty on Section B traffic ticket on the new Move Over Law, should I choose Yes or No?

1. Do you request a supporting deposition? Yes or No?

2. Supporting deposition provided when this ticket was issued? Box said GENERAL (GEN 101A) is already CHECKED.

Eli Moore
Eli Moore answered on Jul 11, 2018

You were probably issued a supporting deposition at the time of the ticket. If you received 2 pages, the second page is the supporting deposition

If you only received one page (the ticket itself) then you should request the supporting deposition. If the officer does not provide the...
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3 Answers | Asked in Traffic Tickets for New York on
Q: On July 8, 2018 at 10:49pm, I got a ticket in New State I-87.

On July 8, 2018 at 10:49pm, I got a ticket in New York State on I-87 highway when I was driving back to Massachusetts from Canada after a short trip. I didn't realize there is a law about moving to left lane when a cop car is parking and flashing on the right shoulder. I was driving on the right... Read more »

Eli Moore
Eli Moore answered on Jul 11, 2018

This is a 3 point violation. You should mail the ticket back pleading not guilty. You will be notified by mail of a conference date. I would recommend finding a local attorney to handle the matter for you. An attorney should be able to reduce the ticket to a non-moving, no points violation.... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: I drove a friend's car when she was too drunk, and I got a ticket for driving without insurance. What can I do?

I didn't know her car wasn't insured.

Eli Moore
Eli Moore answered on Jun 3, 2018

You should plead not guilty and request a hearing. At the hearing you should bring a copy of the registration showing you are not the registered owner of the vehicle

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1 Answer | Asked in Traffic Tickets for New York on
Q: How soon should I get the court date after not guilty plea?

I received a ticket in May 2015. Pled not guilty. In Jan 2018 I received a letter from court with a pre trial date set for April 2018. How soon after the not guilty plea should be the court date? What's the time limit for prosecution?

Eli Moore
Eli Moore answered on Apr 10, 2018

Unfortunately, there is no time limit for prosecution

2 Answers | Asked in Traffic Tickets for New York on
Q: I have a NC drivers license but i got a ticket in NY for using my gps. Will i get points on my license if i plead guilty
Eli Moore
Eli Moore answered on Apr 9, 2018

This is a 5 point violation in New York. Even though you have an out-of-state license, conviction of most moving violations in New York will result in points being placed on your record in New York.

If you reach 11 points or 3 speeding ticket convictions within an 18 month period your...
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2 Answers | Asked in Traffic Tickets for New York on
Q: I received speeding ticket in Bklyn and pleaded not guilty, can i go to any DMV to re-schedule it or just bklyn dmv?

It was postponed and re-scheduled twice already.. how many times can i re-scheduled it?

Eli Moore
Eli Moore answered on Apr 8, 2018

The first time you can reschedule at any DMV office in the city.

After that, you would have to go to Brooklyn office and probably have to post a $40 bond.

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1 Answer | Asked in Traffic Tickets for New York on
Q: The police officer handed to me one ticket for 1225-D(1) but when I entered my info on the dmv website I saw 2 tickets

For the same offense with same date. How is that possible?

Eli Moore
Eli Moore answered on Apr 8, 2018

Sounds like it is a mistake. Plead not guilty on both tickets and move for dismissal of one ticket at the hearing

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