Get free answers to your legal questions from lawyers in your area.
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
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.
It's 4 months later. Do I have a defense or rights
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
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.
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... View More
answered on Jun 29, 2018
There may be a disagreement between yourself and the officer on whether the traffic violations were bogus.
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
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... View More
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.
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?
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.
answered on Jun 12, 2018
It depends. What are you charged with and in what Court is the ticket filed?
I bumped into the back of a CDTA bus
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
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... View More
has no ID number and the license plate number is an old one, not the current one on the vehicle. Should i answer it?
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.
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?
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?
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
I didn't know her car wasn't insured.
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.
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.
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
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?
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.
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.
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.