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Questions Answered by Zev Goldstein
1 Answer | Asked in Traffic Tickets for New York on
Q: Why don't NYC traffic tickets contain a sworn statement by the ticketing officer that he personally served the ticket?

Why don't NYC traffic tickets contain a sworn statement by the ticketing officer that he personally served the ticket? According to Section 150.40(2) of the CPL (NYS) "An appearance ticket, other than one issued for a traffic infraction relating to parking, must be served personally". Isn't there a... Read more »

Zev Goldstein
Zev Goldstein answered on Mar 24, 2020

The CPL doesn't apply to traffic tickets issued in NYC to the Traffic Violations Bureau. The case proceeds as a administrative proceeding.

1 Answer | Asked in Traffic Tickets for New York on
Q: Paid my red light ticket but realize I was not in violation with dash cam as evidence

I recently was charged with red light violation in NY, Nassau County. I already paid the charge. However, I review my own dash cam and I found conflicting information. I was turning left with a turn signal on green while the straight signal is red. What can I do from here?

This is photo... Read more »

Zev Goldstein
Zev Goldstein answered on Mar 15, 2020

Was this a police officer issued ticket, or a camera ticket?

1 Answer | Asked in Traffic Tickets for New York on
Q: I don't live where I received a citation.

I received a citation in NC...90 in a 70 and I live in NY. I can not pay online because 20mph over is a must appear. Is there anything I can do to not travel to NC and pay the fine?

Zev Goldstein
Zev Goldstein answered on Mar 14, 2020

Try re-posting this question under NC, where a NC attorney will see it. Only NY attorneys will see the question posted here.

1 Answer | Asked in Traffic Tickets for New York on
Q: Hello, my partner paid off a vehicle and recieved 4 license supension notices in the mail for failing to answer summons.

The violations are all non-moving. We had a lemon vehicle and were unable to afford to fix it (the one he paid off). He went to the courthouse and recieved a new court date for all tickets. Does he risk jail time? We moved at the time of the violations and did not recieve anything in the mail. The... Read more »

Zev Goldstein
Zev Goldstein answered on Mar 2, 2020

Depends on if he was charged with no registration/inspection, or a fictitious document. Please bring those documents into a lawyer for a free consultation.

1 Answer | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket in NYC. Its been more than 15 days and the ticket is still not showing up online. What do I do?

I checked the DMV website multiple times, but it still has not shown up. Should i just continue checking every day?

Zev Goldstein
Zev Goldstein answered on Feb 16, 2020

Give them your email address and check back every 30 days. You have 30 days from when its entered online to file a plea.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I recently got a summons and I lost it and I can't figure out when/where is my court date. I cant find it online either.

. I recently got a summons and I lost it and I can't figure out when/where is my court date because I can't find my summons number. I was wondering if you guys can please help me find when is my court date and at what time. The summons was for a suspended license and registration (I think)

Zev Goldstein
Zev Goldstein answered on Feb 16, 2020

Where in NYS where you when you got the tickets?

2 Answers | Asked in Traffic Tickets for New York on
Q: Hi, I was pulled over tonight for speeding, and the cop said he cut me a break by giving me a disobeying traffic device

how should I plead and what would happen if I dont plead guilty

Zev Goldstein
Zev Goldstein answered on Feb 9, 2020

Disobeying a sign is 2 points, which is less than any speeding ticket (3-11). You can still plea not guilty to either:

1. proceed to trial in court, or

2. get a plea deal for a ticket with no points, if available.

It is unlikely (but possible) that the officer will issue a...
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1 Answer | Asked in Traffic Tickets for New York on
Q: My son got a speeding ticket in brant ny.but the ticket says to go to court in collins by. It is not the same town .

Can I get a lawyer to fight this ticket or is there some law that allows this.

Zev Goldstein
Zev Goldstein answered on Feb 6, 2020

Hello again. Yes you can hire a lawyer to fight it, and yes there is a law against filing a ticket outside the jurisdiction where the incident occurred.

1 Answer | Asked in Traffic Tickets for New York on
Q: My son got pulled over in brant ny and his court is in Collins ny.is this all right ,jurisdiction wise?
Zev Goldstein
Zev Goldstein answered on Feb 6, 2020

Look at the location on the ticket, and ask the Town Clerk in Collins whether that area is within the Town.

1 Answer | Asked in Traffic Tickets for New York on
Q: pulled over for expired inspection for 4 months. I got the inspection now. if I take it to court, can judge dismiss?
Zev Goldstein
Zev Goldstein answered on Jan 29, 2020

The judge CAN do whatever the judge wants. A inspection ticket is not a "fix it" ticket, so you are not entitled to dismissal for getting inspection now. Some Judges may dismiss, or set a reduced for due to your current compliance.

1 Answer | Asked in Traffic Tickets for New York on
Q: Can I have my license suspend. For a ticket I received 9 years agoi
Zev Goldstein
Zev Goldstein answered on Jan 29, 2020

If you ignore a ticket for 9 years, you will remain suspended forever until you take care of the ticket.

1 Answer | Asked in Traffic Tickets for New York on
Q: How do I deal with a ticket I had about 10 years ago and also had to go to court but didn’t go

I want to take out my license again but how do I start off with when I have multiple tickets and one court from 10 years ago ?

Zev Goldstein
Zev Goldstein answered on Jan 21, 2020

Depends on the Court. If you are not default convicted, go to each court, pay a suspension termination fee and post bail. You can either work out a plea deal, or set the matter for trial. Some of the officers will be retired.

1 Answer | Asked in Traffic Tickets for New York on
Q: After 10 years do I still have to go to court ?

So I have multiple tickets but there’s this one ticket that I got Because my 4 year old daughter was sitting on her seat then she took off her seat belt from her chair and got up and the police stopped me and gave me a ticket and a court however I lost my license so I didn’t go to court nor... Read more »

Zev Goldstein
Zev Goldstein answered on Jan 21, 2020

When you ignore a ticket in NY, it stays forever. 10 years or 30 years later, you need to deal with it if you want your driver's license back. How you deal with it is another question.

1 Answer | Asked in Traffic Tickets for New York on
Q: received a ticket in 2018, pleaded not guilty. Never received anything from them. Now 2020 I received a court summons?

Received a speeding ticket in august of 2018. I never received a letter in the mail about court or paying a fine. It is now 2020 and I received a letter saying I have to go to trial or my license will be suspended

Zev Goldstein
Zev Goldstein answered on Jan 14, 2020

You have have a speedy trial argument.

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.

Zev Goldstein
Zev Goldstein answered on Jan 11, 2020

Using a hand free device is explicitly allowed by VTL §1225-c2a and VTL §1225-d does not rescind VTL §1225-c2a.

VTL §1225-d(2). For the purposes of this section, the following terms shall have the following meanings:

(a) "Portable electronic device" shall mean any hand-held...
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1 Answer | Asked in Traffic Tickets for New York on
Q: Got ticket when turning left from 96th into 2nd Av along with yellow arrow going off but still green light...

Do I have chances in court justifing hiring traffic lawyer?

There were no lines visible due to repavement and I was turning kind of along with the other car that was let go and one was turning behind me still ( ticketed as well). Pedestrians were two lines away possibly setting feet on... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 24, 2019

The question is not whether the pedestrians had the light: if the pedestrians were in the crosswalk, you were required to yield.

Even if you were technically guilty, you might win at trial. Even if you were not guilty, the officer's story might be different when he testifies at trial.

1 Answer | Asked in Traffic Tickets for New York on
Q: Point reduction system

I have 4 tickets that occurred in 2016. 3 of them i was found guilty and recieved 9 points. This last ticket the date is coming up(3points). I was wondering i took a Defensive Driving course in May 2019. Will it count to help reduce my points if my license was to get suspended.

Zev Goldstein
Zev Goldstein answered on Oct 17, 2019

Usually the answer is no: the class helps for ticket received/issued 18 months prior to the date of the course.

In your case, I am assuming that your ticket is filed somewhere in NYC, where the Judges (ALJs) have discretion to look at the points differently, and can take into consideration...
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1 Answer | Asked in Traffic Tickets for New York on
Q: We got a violation that we need commercial plates because we have lettering on a passenger vehicles.

We are a business. All of my trucks and vans have commercial plates as they should. I have a few passenger cars that have lettering.. These cars are driven by my sales staff. We got a violation that we need commercial plates because we have lettering on these vehicles. When we call the DMV, they... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 10, 2019

Now you fight the tickets. You can appear in court yourself, or hire a lawyer to argue the case for you.

1 Answer | Asked in Traffic Tickets for New York on
Q: How do I fill this out (...plea guilty to _______ in violation of traffic sections _______...)

section 1214. What would it be in "violation of?" Do I just write opening door in traffic under section 1214?

Zev Goldstein
Zev Goldstein answered on Oct 5, 2019

No idea what form you are reading. Please post again with the name of the form you are filling out, and the court you are dealing with.

1 Answer | Asked in Traffic Tickets for New York on
Q: How many days notice does a lawyer need to be able to contact the courts after handing in the ticket

I forgot about my ticket with ten thousand things going on and I’m about to hand in a ticket and the court date is in two maybe three business days

Zev Goldstein
Zev Goldstein answered on Oct 4, 2019

For traffic tickets you can find an attorney who can handle it last minute. Even the day of.

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