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Questions Answered by Zev Goldstein
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... Read 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... Read 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... Read 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?

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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... Read 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.

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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...
Read more »

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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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