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Questions Answered by Zev Goldstein
1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Does the supporting deposition have to be served to me?

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Zev Goldstein
Zev Goldstein
answered on Sep 26, 2024

If you hired a lawyer, you should really address all questions to him/her.

Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.

If you have a lawyer on file with the court, the supporting deposition has to be...
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1 Answer | Asked in Traffic Tickets for New York on
Q: I received two tickets in 2022 and the court date has been postponed 4+ times. Do I still have to go?

As the title suggests, the court has postponed my hearing more than 4 times. I submitted my evidence the day it happened. Are the points still valid? Did they ever take away the points from my license? If there comes a date when they don't postpone it, do I still have to go to court? How long... View More

Zev Goldstein
Zev Goldstein
answered on Jun 23, 2024

Are the points still valid? Points go on your record only, and only if you are convicted by plea, trial, or default.

Did they ever take away the points from my license? DMV maintains a lifetime record. However, the public record only maintains the points for four (4) years.

If...
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1 Answer | Asked in Traffic Tickets for New York on
Q: If an officer of the law pull me over and detain me, would they have the authority to order me to get off my phone.

So say I get pulled over on my bike for say a minor traffic violation and I am texting someone on my phone then the officer comes up to me and states that I am detained and told me to put my phone down. Is that an lawful order that I have to follow.

Zev Goldstein
Zev Goldstein
answered on Mar 3, 2024

I don't think you will catch a charge for resisting arrest or failure to obey a lawful order for not putting down your phone. I think you will catch a bunch of other charges as the cop gets annoyed at you being discourteous by engaging in a call while you are detained.

2 Answers | Asked in Traffic Tickets for New York on
Q: What can i do if my license is due for suspension due to the failure to appear for summons on a traffic ticket in ny?

Ticket for illegal lane change and no inspection

Zev Goldstein
Zev Goldstein
answered on Sep 8, 2024

The answer to your question is contained in your question: your license is scheduled to be suspended for "failure to appear". So you have to comply with the Court and "appear" or whatever else the Court is requiring you to do.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Im 19 transferred my license to NY last week Ive been driving for 5 months and just got a ticket 69 in 55 what’ll happen

I’m 19 and I just transferred my license to NY last week and I had just got pulled for over my first time last night and got a ticket for going 69 in a 55. My previous license was in New Hampshire which doesn’t have permits. I got my license this January and I’ve only been driving for 5... View More

Zev Goldstein
Zev Goldstein
answered on May 3, 2024

If you are on probation, a speeding conviction, even for 1 MPH over the limit, will result in a suspension. Fight the ticket.

1 Answer | Asked in Traffic Tickets for New York on
Q: If I was given a blank ticket does it still count in court?

A friend of mine was given a ticket for an “illegal left turn”. After the cop took her information they mentioned she had 15 days to respond but proceeded to give her a blank paper. Is that admissible in court?

Zev Goldstein
Zev Goldstein
answered on Mar 14, 2024

Its not valid service. Check with the court whether anything is filed, if you can figure out where its filed.

Keep that blank paper and update your address with the NYS DMV.

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.

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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.

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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.

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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.

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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.

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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.

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