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Questions Answered by Zev Goldstein
1 Answer | Asked in Traffic Tickets and DUI / DWI for New York on
Q: I received a 3 day suspension of my license while in Canada after a breathalyzer. How will this affect my NYS DL?

I received a Notice of suspension - Section 48 / Article 48 Driving 50 mgs of alcohol or over. While driving a vessel. The fine print states "this is a notice of suspension. This is not used to lay a charge." I was advised by the Ontario Provincial Police to go to the DMV when I... View More

Zev Goldstein
Zev Goldstein
answered on Aug 6, 2018

Make sure you take care of the suspension in Canada, because you may remain suspended in NY indefinitely as long as the suspension in Canada is open.

2 Answers | Asked in Traffic Tickets for New York on
Q: Got a ticket in May. Went to hearing, no record of it. Court called and said the ticket appeared and so must I. Do I ?

It's 4 months later. Do I have a defense or rights

Zev Goldstein
Zev Goldstein
answered on Aug 2, 2018

As long as they file within 2 years.

Hershel

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1 Answer | Asked in Traffic Tickets for New York on
Q: I was told after 7 years an unpaid traffic fine can be removed. Who do I contact to get the process started?
Zev Goldstein
Zev Goldstein
answered on Jul 18, 2018

Not true in New York. They hold onto those fines forever.

3 Answers | Asked in Traffic Tickets for New York on
Q: On July 8, 2018 at 10:49pm, I got a ticket in New State I-87.

On July 8, 2018 at 10:49pm, I got a ticket in New York State on I-87 highway when I was driving back to Massachusetts from Canada after a short trip. I didn't realize there is a law about moving to left lane when a cop car is parking and flashing on the right shoulder. I was driving on the... View More

Zev Goldstein
Zev Goldstein
answered on Jul 11, 2018

This is a 2 point ticket in NY. You can probably get a plea deal to a parking ticket without any points and just a fine. If you cannot make it Court yourself an attorney can go for you.

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2 Answers | Asked in Contracts, Criminal Law, Traffic Tickets and Admiralty / Maritime for New York on
Q: why does an attorney not disclose the fact that a man or woman is submitted to the jurisdiction of court once hired?
Zev Goldstein
Zev Goldstein
answered on Jul 1, 2018

We need more details here. Are you talking about criminal Court? Civil Court? Another type of case?

Generally, in criminal cases, an attorney has a lot of discretion in how to handle a case and does not need a defendant's consent to take legal actions. An attorney does need to consult...
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2 Answers | Asked in Traffic Tickets for New York on
Q: Do police have the right to pull someone over for bogus traffic violations?
Zev Goldstein
Zev Goldstein
answered on Jun 29, 2018

There may be a disagreement between yourself and the officer on whether the traffic violations were bogus.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Ticket in NYC and now living in FL

I have a improper turn ticket received in NYC and I plead NOT guilty.

My judge appointment is in sept/2018. I have been living in FL from nov/2017.

I haven't transfered my license to FL yet.

What do you recommend me?

Transfer my license to FL?

Could... View More

Zev Goldstein
Zev Goldstein
answered on Jun 15, 2018

Hi, Just to note this is either a 2 point or a 3 point violation; depending how the officer wrote. Also, in NYC, all tickets go to trial, and therefore, the only possible outcome is either dismissed or guilty. The chances of winning are about 50/50.

We do fight a lot of tickets in NYC, and...
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1 Answer | Asked in Traffic Tickets for New York on
Q: so there are no grounds for an appeal to be found not guilty- appeals board looks at evidence the same way?
Zev Goldstein
Zev Goldstein
answered on Jun 13, 2018

Usually on appeal the higher courts will not look too much at the evidence. The appeals courts look at the legal standard used by the lower court. If the legal standard was not correct, usually you can get a reversal. But the appeals courts usually defer to the judgement of the lower courts.

1 Answer | Asked in Traffic Tickets for New York on
Q: I was in traffic court accused of going 64 in a 30 zone. I proved in the court that my vehicle was in the 50 MPH zone

when the officer recorded me with his radar gun. should I automatically be found not guilty for disproving ticket? do i have grounds for appeal?

Zev Goldstein
Zev Goldstein
answered on Jun 13, 2018

If you could convince the Judge that the speed limit was 50, you are still accused of doing 63 MPH which is still a 4 point speeding ticket.

1 Answer | Asked in Traffic Tickets for New York on
Q: Plea date was due today the 12 I thought it said 15 going asap tomorrow on 13 am i in more trouble going one day late
Zev Goldstein
Zev Goldstein
answered on Jun 12, 2018

It depends. What are you charged with and in what Court is the ticket filed?

1 Answer | Asked in Traffic Tickets for New York on
Q: Should I get a lawyer to bring with me to court for a driving ticket for a following too close.

I bumped into the back of a CDTA bus

Zev Goldstein
Zev Goldstein
answered on Jun 7, 2018

What are you charged with and what court are you in?

1 Answer | Asked in Traffic Tickets for New York on
Q: What is the subject matter for vehicle and traffic law?

Please include section that provides this. Much like aviation laws wouldn't be applied to someone not engaged in aviation, vehicle and traffic law history seems to show someone would have to be engaged in transportation or traffic for those laws to apply?? No that's not what I'm... View More

Zev Goldstein
Zev Goldstein
answered on Jun 6, 2018

Try looking at the New York Criminal Procedure Law

https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-1-20.html

https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-100-05.html

https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-100-10.html...
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1 Answer | Asked in Traffic Tickets for New York on
Q: Got a traffic ticket. did not have my license. the officer gave me a ticket for doing 40mph in a 25 zone. The ticket

has no ID number and the license plate number is an old one, not the current one on the vehicle. Should i answer it?

Zev Goldstein
Zev Goldstein
answered on Jun 5, 2018

If the Court has your name and date of birth, and you fail to answer the ticket, they will suspend your driver's license. If you drive again in NY you could be arrested.

1 Answer | Asked in Traffic Tickets for New York on
Q: Got a cell phone ticket in NYC 1225D(1). Once I got home I realized that the time of offence was off (alibi).

The time of the offence was 10 min off. I was home with my wife at the time stated on the ticket. Is there any way I can use her testimony?

Zev Goldstein
Zev Goldstein
answered on Jun 5, 2018

Your alibi defense will be your wife's word against the officer's word. Who do you think the judge will believe?

1 Answer | Asked in Traffic Tickets for New York on
Q: 10 years ago I received a speeding ticket, plead guilty and paid. Now after 10 years court says they never got it.

This is the first time the court is contacting me about not paying the ticket in 10 years. The reason they say is because of a computer error. The checking account I paid the ticket from was Commerce Bank which was bought by TD Bank years ago. TD says they do not keep records older than 9 years.... View More

Zev Goldstein
Zev Goldstein
answered on Jun 4, 2018

What is the name of the Court that the ticket is filed in?

2 Answers | Asked in Traffic Tickets for New York on
Q: I drove a friend's car when she was too drunk, and I got a ticket for driving without insurance. What can I do?

I didn't know her car wasn't insured.

Zev Goldstein
Zev Goldstein
answered on Jun 1, 2018

Not knowing that another's person's car is not insured is a defense. This is a very serious ticket that can cost $2,250 in fines and a year revocation of your driver's license. Make sure you take care of it.

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1 Answer | Asked in Traffic Tickets for New York on
Q: My boyfriend dont have a drivers license and he got a ticket what can happen to me. If the car is under my name
Zev Goldstein
Zev Goldstein
answered on May 22, 2018

You could receive a ticket for permitting unlicensed operation, but its rare that the police issue that ticket. Also, if your boyfriend gets in an accident and hurts someone, you might have to pay.

1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on
Q: Got arrested for suspended license never notified ried profusely to pay. And now I find out it's still affecting ins

I

Going back several years, three I believe. This was the winter when buffalo got record snowfall. Five feet. I obviously didn't drive when it was down like that but even as the roads cleared they were messy. I had three accidents over the next year or two including a speeding ticket... View More

Zev Goldstein
Zev Goldstein
answered on May 22, 2018

Your story got cut off. Try posting the relevant parts.

1 Answer | Asked in Traffic Tickets for New York on
Q: I was told I was getting two tickets. one for suspended registration the other speeding. I was only handed the speeding

ticket. I sent it in as I was supposed to and never got anything back. now there is a warrant for me for not showing up to court. but the ticket that had the appearance information on it was never actually given to me. I have to go to court on Monday to fight this. What do I do?

Zev Goldstein
Zev Goldstein
answered on May 22, 2018

You have a strong argument that you weren't served properly, and that the warrant should be sealed. Unfortunately, the argument needs to be make in Court.

1 Answer | Asked in Traffic Tickets for New York on
Q: Fld Due Care for Emerg Veh Stopped ticket. How to get fine reduced?
Zev Goldstein
Zev Goldstein
answered on May 13, 2018

You can usually work out a plea deal where the fine is reduced. The real question is whether you can get the points reduced.

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