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Questions Answered by Zev Goldstein
3 Answers | Asked in Traffic Tickets for New York on
Q: i got 4 ticket do these carry points? or i pay them?

UNINSPECTED VEHICLE

DEFECTIVE BRAKE LIGHTS

EQUIP VIOLATION: OBSTRUCTED VISION

UNREGISTERED VEHICLE

Zev Goldstein
Zev Goldstein answered on Mar 31, 2021

They don't carry points, but some of them go on your record and can affect your insurance.

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1 Answer | Asked in Traffic Tickets for New York on
Q: NY vtl 1127

Ño signage. Information in supporting deposition of police insufficient on it's face

Zev Goldstein
Zev Goldstein answered on Mar 30, 2021

not sure what the question is

1 Answer | Asked in Traffic Tickets for New York on
Q: So the dig is the same thing
Zev Goldstein
Zev Goldstein answered on Feb 7, 2021

Spam? Is this spam?

2 Answers | Asked in Traffic Tickets for New York on
Q: Hey I get no seat belt ticket in New York but I have New Jersey’s driver license

I have to take a law to fight or just pay my ticket have 15 days

Zev Goldstein
Zev Goldstein answered on Feb 7, 2021

Not sure what the question is. If you ignore the ticket, your driver's license will be suspended in both NY and NJ. If you pay the ticket in NY you will have a record of conviction in both NY and NJ. Do you want to fight the ticket?

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1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I was pulled over by a NYS trooper and he told me he is letting it go but does that count as a verbal warning?

He pulled me over said i was speeding ran my license and registration for about 45 seconds and then said he is letting it go and walked away. Should i expect anything in the mail or anything on insurance? Will this count towards anything and is it considered a verbal warning? or will anything be... Read more »

Zev Goldstein
Zev Goldstein answered on Jan 23, 2021

The NYS Criminal Procedure Law requires traffic tickets to be served on you personally. If a ticket is mailed to you (rare) it is dismissable. Drive safe.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: I WANT TO KNOW DOES THE STATE ADMINISTRATIVE PROCEDURE ACT (SAP) CONTROL THE NY DMV TVB HEARING PROCEEDINGS?
Zev Goldstein
Zev Goldstein answered on Nov 15, 2020

It should, but good luck getting the TVB to follow it.

2 Answers | Asked in Traffic Tickets for New York on
Q: Can a cop search my vehicle over speeding ticket and suspended licence

When I asked about it he said he would handcuff me and tow the vehicle I was polite and just wanted to know my rights. I live in ny

Zev Goldstein
Zev Goldstein answered on Oct 23, 2020

Yes and no. There are circumstances in which he would be able to search your car. Generally, if he is asking for permission, the officer believes that he cannot search your car. If he simply does the search, he believed that he has the legal authority to search your car.

Driving with a...
Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: I was driving home from work on the I90, 10/22/20 I was doing 80mph in a 65mph zone and issued a ticket.

The ticket was issued in the town of Brant NY. I was in the left lane overtaking a vehicle in the right.

1) The trooper that issued the ticket set a date for 6 days from the issue date.

Is that allowed?

2) The NYS trooper was not wearing a mask while approaching the... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 23, 2020

1. You can ask the court for more time to respond to the ticket.

2. The governor's executive order requires masks while in public places, where it is impossible to socially distance.

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2 Answers | Asked in Traffic Tickets for New York on
Q: What should I do about trying to get a speeding ticket reduced and the points on my license reduced? In NY state.

I was pulled over in a 30 MPH zone and the cop said he got me at 61 MPH. I wasn't looking at my radar but from my peripheral vision, I don't believe I was going over 60. I know that in NY that one more MPH is a much larger fine, the cop was trying to bump my ticket up to the next level. I... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 6, 2020

Being a broke college student is a financial question, not a legal one.

If you argue that the police officer was wrong, you end up at a trial where you lose. Over $1,000 in fines. If you say I am sorry and I should not have been speeding even 1 MPH over 30 MPH, you end up with a plea deal...
Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: I can't find any provision or instructions for filing Discovery Motions for traffic violations (VTL 1128, VTL 1180) Why?

Would I be correct is saying that if I request discovery from the Prosecutor/State Police Officer and they do not provide me with what I ask, they subsequently would not be allowed to present the previously requested evidence in court?

Zev Goldstein
Zev Goldstein answered on Sep 14, 2020

See NY Criminal Procedure Law Article 245. https://www.nysenate.gov/legislation/laws/CPL/A245

specifically

"Notwithstanding the timelines contained in the opening paragraph of this paragraph, the prosecutor's discovery obligation under subdivision one of section 245.20 of...
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4 Answers | Asked in Traffic Tickets for New York on
Q: i got a ticket for open container alcohol consumption section 12271. how to remove charges and avoid jail time.
Zev Goldstein
Zev Goldstein answered on Aug 23, 2020

Jail time is probably not on the table. Where did you receive this ticket?

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2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket on the parkway going 60 in a 35 but I’m sure I was not there was also no traffic and 1 car

I also know that it depends on the angle of the gun and that they are not very accurate this officer was also telling me that it would be very easy to get out of it He was not very professional I tried asking what I did before providing my id but he wouldn’t tell me until I did and after he came... Read more »

Zev Goldstein
Zev Goldstein answered on Aug 9, 2020

Not sure what the question is. The police are approximately accurate with speed recognition. If the officer credibly claims you were doing 60 MPH, you are going to have a hard time claiming you were going 35 MPH.

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1 Answer | Asked in Traffic Tickets for New York on
Q: I have unpaid traffic tickets from over 20 years ago, I don't have the money to pay these all right now, I am in NY.

What can I do to be able to get a drivers license? Thank you

Zev Goldstein
Zev Goldstein answered on Jul 27, 2020

The DMV will not give you a license if you have a single unpaid ticket. Pay attention to 2019 Bill Text NY A.B. 7463 which may eliminate this law.

2 Answers | Asked in Traffic Tickets for New York on
Q: are school speed cameras in effect when schools are closed
Zev Goldstein
Zev Goldstein answered on Jul 26, 2020

Yes they are, and the lowered speed limits are still in effect in most places.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket in march, i signed the ticket, plead not guilty and mailed it. I never got a court date

It was the week before covid hit new york. After i mailed it i never heard back, I have severe anxiety and am scared to call the courthouse only for them to tell me i might have a a warrant out for my arrest. After covid hit i lost my job and I had a lot of personal problems that caused me to have... Read more »

Zev Goldstein
Zev Goldstein answered on Jul 24, 2020

If you are afraid to call the court yourself, you may need a lawyer. Realistically, very little has happened in the courts during covid.

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3 Answers | Asked in Traffic Tickets for New York on
Q: As a GA driver who got a ticket for improper cellphone use in NY, will it appear on my record and also the points?
Zev Goldstein
Zev Goldstein answered on Jun 21, 2020

Cell Phone tickets carry 5 points in NY, and NY keeps a record of the conviction, even though you are from GA.

Check with a GA attorney (or post this question in the GA forum) as to whether GA will put points on your GA record.

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3 Answers | Asked in Traffic Tickets for New York on
Q: Will I get points on my license, also cause my insurance rate to go up if I pay a speeding ticket?

I got a speeding ticket going 36 on a 25 from a speeding camera in NYC, and I'm from Missouri. If I pay this ticket will I get points on my license, making my insurance rate go up?

Zev Goldstein
Zev Goldstein answered on Jun 11, 2020

You will not get points, and your insurance should not increase. Reason, the camera shows the vehicle speeding, but not who was driving the vehicle. It is error to assume the owner/registrant is the driver

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1 Answer | Asked in Traffic Tickets for New York on
Q: I got an unregistered and uninspected motorcycle ticket in NY. The bike was insured though.

Shouldn’t the inspection be waived since it’s quarantine? Will registering the vehicle before showing up to court resolve this? What should I do?

Zev Goldstein
Zev Goldstein answered on May 27, 2020

Great question. The NYS DMV has announced that registrations will not expire during the lock down, but this does not mean that NYS permits driving a vehicle that was never registered.

The process in court depends heavily on which court the tickets are filed in.

1 Answer | Asked in Traffic Tickets for New York on
Q: I got cause at a traffic stop with my girls plates on my car. If convicted, what’s the worse case scenario?

(State-NYVTL 375 (2)(a)(3) (Civil?

Zev Goldstein
Zev Goldstein answered on May 21, 2020

Assuming you are writing the citation correctly "VTL 375-2(a)3" this is an equipment violation, for no/insufficient tail lamp. As long as you pay the ticket, the ticket will not affect your driving record.

2 Answers | Asked in Traffic Tickets for New York on
Q: I was issued a ticket for driving with a suspended license, but my license is valid

I was the passenger in a car where the driver license was suspended. I was instructed to get in the driver seat because my license was valid. I also received a ticket for oper/permit/lic reg art 7, which is also a misdemeanor. What does that ticket even mean? And would it be dismissed because my... Read more »

Zev Goldstein
Zev Goldstein answered on May 8, 2020

The ticket you received was for allowing a suspended driver to operate a vehicle for which you, apparently, had custody and control.

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