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
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 »
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 »
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.
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 »
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 »
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?
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 »
answered on Aug 23, 2020
Jail time is probably not on the table. Where did you receive this ticket?
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 »
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.
What can I do to be able to get a drivers license? Thank you
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.
answered on Jul 26, 2020
Yes they are, and the lowered speed limits are still in effect in most places.
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 »
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.
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.
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?
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
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?
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.
(State-NYVTL 375 (2)(a)(3) (Civil?
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.
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 »
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.
But there is not a white line ir a cross line for people to cross ?
answered on May 6, 2020
A stop sign can have a white line it interacts with, but a stop sign does not need a white line to be valid. Take a look at the statute:
https://law.justia.com/codes/new-york/2015/vat/title-7/article-29/1172
1172. Stop signs and yield signs. (a) Except when directed to... Read more »
?
answered on May 4, 2020
This is an 11 point speeding ticket, which means your driver's license can be suspended for this ticket alone. An attorney can likely get get some of the points reduced, so your license does not get suspended.
I got a ticket 2 years ago in the bronx for texting and driving which is 5 points. Than a ticket 2 months later which I didnt plead guilty to for going 21 over the speed limit which is 5 points. My court date is in mid july if I get convicted would it automatically suspend my license. After this... Read more »
answered on May 3, 2020
Speeding 21 over the limit is 6 points, not 5. Based on your representation that both of these tickets happened 2 years ago, we are guessing that both tickets were issued in the 5 boroughs of NYC. In that case, the TVB judge will have discretion to suspend your license, or not to suspend your... Read more »
perfect and an emergency vehicle was approaching in my rearview mirror. Can I challenge the Red light camera ticket, although the emergency vehicle was about 250 feet behind me?
answered on Apr 23, 2020
Can you challenge the ticket? Certainly. Are you saying that you yielded to the emergency vehicle? Was this ticket issued by a police officer, or a camera? Police issued red light tickets are worth 3 points.
Is intent a required element for an improper right turn violation (improper approach such as turn from middle lane? The law in NY (and other states) begins with "The
driver of a vehicle intending to turn at an intersection shall do so as
follows:
Does the police... Read more »
answered on Apr 19, 2020
You are quoting VTL 1160. Turn signals are required by VTL 1163, which does not include intent as an element.
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.
