Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Zev Goldstein
2 Answers | Asked in Traffic Tickets for New York on
Q: Is an open container charge in NY considered a misdemeanor?
Zev Goldstein
Zev Goldstein
answered on Jan 2, 2023

No, its a traffic infraction.

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: I received two pending traffic tickets for a single incident. Is there anyway one can be dismissed without a hearing?

N/A

Zev Goldstein
Zev Goldstein
answered on Jan 30, 2024

What are the tickets for? What was the incident? We need more information to give an answer to your question.

1 Answer | Asked in Traffic Tickets for New York on
Q: Can you go to jail for a stop sign ticket?

Why would they say I need to go in person for a stop sign ticket if I already pled filthy and said I’d pay? Would a lawyer make sure I don’t go to jail?

Zev Goldstein
Zev Goldstein
answered on Jun 29, 2023

It depends on which court the ticket is filed in. Assuming you got this ticket in NYC, they want you to come to court to decide whether to suspend your driver's license for too many points.

1 Answer | Asked in Traffic Tickets for New York on
Q: NYC Ticket 1225C-(2)(A) ... Should I postpone court date with hopes officer won't show up?

During the summer of 2020, I was pulled over in Harlem and issued a summons for 1225-C (2) (A). TVB

postponed the court date 3 times and is set for 7/7/2023. The officer has since been reassigned to a precinct in Queens. Should I exercise my 2 postponements in the hopes the officer will... View More

Zev Goldstein
Zev Goldstein
answered on Jun 18, 2023

If the phone was in your hand, there is a presumption you were using it. You would have to convince the judge/hearing officer that you weren't using the phone.

1 Answer | Asked in Traffic Tickets for New York on
Q: Bar association

We hired a lawyer to get rid of our traffic tickets in New York. All 3 of us were guilty of the many tickets and so resolved in suspension of our drivers licenses. We didn’t know this until a police officer told us. This prevented us from continuing to drive , and almost getting arrested. We were... View More

Zev Goldstein
Zev Goldstein
answered on May 15, 2023

We would probably need more information to determine whether you have a claim or grievance. Try re-posting to the section on "legal malpractice" if there is such a forum on Justia.

2 Answers | Asked in Traffic Tickets and Car Accidents for New York on
Q: Are radar detectors legal in new york state for a personal use sedan?
Zev Goldstein
Zev Goldstein
answered on Apr 9, 2023

See https://www.nysenate.gov/legislation/laws/VAT/397 and https://www.nysenate.gov/legislation/laws/VAT/397-A

The Courts have found that VTL 397 does not apply to radar detectors.

View More Answers

3 Answers | Asked in Traffic Tickets for New York on
Q: Got speeding ticket in NYC last yr but I have since moved out of state, if guilty would the points transfer to new state

I received a ticket in NYC for driving "22 above speed limit" but I moved outside of NY state and have a new license in a different state. If found guilty, do the points transfer?

Zev Goldstein
Zev Goldstein
answered on Mar 5, 2023

If you are convicted in NY, NY "should" report the conviction to your new state. Check with your new state (you didn't specify which one) whether they will record the reported conviction, or not.

View More Answers

3 Answers | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket of 118 in a 65 am I going to lose my license
Zev Goldstein
Zev Goldstein
answered on Dec 21, 2022

Another good question is whether you are going to jail.

It depends! Not if you aren't convicted.

Lots of additional facts are needed here. The City, village or town where you were charged, your prior record, how old you are, and more.

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... View More

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

1 Answer | Asked in Traffic Tickets for New York on
Q: Got a speeding ticket while I was still in probationary period, plead not guilty got a hearing for next year.

Its been 9 months already my hearing is in 3 months and I'm no longer probationary would my license still get suspended if I change to a guilty plea or if I am found guilty?

Zev Goldstein
Zev Goldstein
answered on Jul 27, 2022

Yes you will still get suspended, because the DMV looks back at the status of your license at the date of violation.

1 Answer | Asked in Traffic Tickets for New York on
Q: Prosecutor failed to name/ID anyone as the defendant at trial in local criminal court for parking ticket.

Delete

Zev Goldstein
Zev Goldstein
answered on May 17, 2022

For parking tickets, the named defendant is the vehicle, not a person.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I have multiple tickets from “accused “ car chase but was not caught and only proof was an officer claiming she “saw” me

It was dark night and was never caught and home in bed when they brought me to station to “pick up my wallet “ my girlfriend had reported the car stolen and I was home in bed. They questioned us both and neither admitted or confessed. They let us go and didn’t even arraign me or anything. All... View More

Zev Goldstein
Zev Goldstein
answered on Jan 19, 2022

This question was posted to "traffic tickets". Try reposting it to "criminal defense".

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.
Zev Goldstein
Zev Goldstein
answered on Nov 20, 2021

In NY, speeding alone is not reckless unless there is another issue as well. This is sometimes called the "speeding plus" rule.

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: I got pulled over for passing a red light, cop was on opposite side of intersection?

The cop didn't had any possible view of the alleged light I crossed.

He made assumption based on the other light that changed, but he didn't physically saw the exactly light I allegedly crossed. He gave me ticket, is it a defense to say that cop didn't see my light and had no... View More

Zev Goldstein
Zev Goldstein
answered on Oct 31, 2021

Yes, but:

If that police officer knows the area, they might know that those two lights are synchronized.

1 Answer | Asked in Traffic Tickets for New York on
Q: Can you get a ticket thrown out if they put the wrong license plates and your name isn’t on the ticket ?

I got a ticket for registration and inspection being expired. But the license plate number on the ticket is my old license plate from years ago. I don’t know how they got those plate numbers because it hasnt been my license plates for years. It’s not on my registration ticket. No I wasn’t... View More

Zev Goldstein
Zev Goldstein
answered on Oct 17, 2021

So the ticket was issued to the car for being parked on the street? Could be the cop ran the vin number.

1 Answer | Asked in Traffic Tickets for New York on
Q: Is it illegal to drive an automatic car with a broken left toe and orthopedic boot in New York and New Jersey?
Zev Goldstein
Zev Goldstein
answered on Sep 6, 2021

In New York, if a police officer files a report that you are physically unable to drive, the DMV will start an administrative proceeding to revoke your license.

2 Answers | Asked in Traffic Tickets for New York on
Q: Would I lose my driving privileges or just get fined?

This is my first time getting a ticket. Had two of my sons 16&17 up on the roof, told them to knock it off and when they were bout to go down, cops pulled us over. Should I fight for a trial or just plead guilty? If I do, will I lose my driving privileges?

Zev Goldstein
Zev Goldstein
answered on Jun 8, 2021

What were you charged with?

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: I received an obedience to traffic-control devices for speeding in PA when im a licensed driver in NY. Points, record?

The officer said that It would not effect my record but I haven't found anything online confirming that so if you can please help me and answer my question that would be great. If I get this on my record I am going to lose a scholarship I earned and although it is fully deserved I need to know... View More

Zev Goldstein
Zev Goldstein
answered on May 31, 2021

PA points are not recorded on a regular NY license.

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.

View More Answers

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

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.