I was unaware I was suspended but that was only due to me not checking my mail in time. I took all the necessary steps to restore everything, but I am concerned about point penalties and my driving privilege being revoked
Are you restored now? 3-40 is a very serious charge especially if the underlying suspension was due to no insurance. If you have been restored, it can be reduced to a less serious violation relatively easily with a fine (and possible surcharge) only. If not, you may need to get a lawyer and gear... Read more »
We did a walk through on the house in late October, placed a bid that was accepted and, closed in December and then in the spring these plants started growing all over the yard, we discovered what they are (Japanese knot wood) and found out that they are very invasive and can eventually cause... Read more »
Probably no (out of lock) unless you had a specific provision for it in the sales contract designed to survive the closing.
Seller usually has the obligation in NYS to present Property Condition Disclosure Statement to the purchaser, but often times the obligation is waived by giving an... Read more »
Seatbelt offense can be tricky. It's likely that you get 2 points assessed on your NJ license for the seatbelt offense in NY even though you can get assessed more points if a NY driver in NYS depending on the ages of the parties involved in the offense.
Operating in NY
There are various ways to convey your ownership interest to another party. What's essential in the transaction is to avoid or minimize your liability after the transfer of your interest. What's called "due diligence" will play the key role in the process. Some people try to sell... Read more »
I got pulled over by an unmarked PA State Trooper (the ticket says he was in a marked vehicle). He verbally told me I was going 64 in a 55, then issued me a ticket for 60 in a 55 to "do me a favor" since I otherwise have a clean driving record. In the confidential info section, he tries... Read more »
Assuming that you were going at 64 in 55 and the officer put down 60 in 55, then maybe the officer thought he was indeed cutting you a break, since a speeding for less than 5 mph in PA is generally a no point violation. If you have a PA license, 60 in 55 could be a nice treatment.
However,... Read more »
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee. Can go down to DWAI since is first... Read more »
You should retain a DWI attorney who knows the personality of the county. Westchester County has a strict policy in terms of when they offer a plea bargain to a lesser charge and what their recommended sentencing may be.
DWI cases usually do not get resolved overnight or quickly, partially... Read more »
I do not see a question here. We need more detailed descriptions of the issue.
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee
It's a statutory DWI (per se) and DWI based on common law. When you get charged with DWI, you are often charged with both. 1128A is a unsafe lane change violation. I strongly recommend that you retain an experienced attorney since it's a complicated area of law with serious ramification... Read more »
I am getting a plea bargain application with the original charge of speeding 1180D and the reduced charge of 1110 A Disobeying Tfc Device. Should I accept it or decline it?
It depends on the nature of the original speeding allegation, your driving history, current status and point of your license, the court where your matter is pending, etc. 1110-A can be a reasonable offer for some drivers but should not be taken lightly without through analysis and review of your... Read more »
The law does not appear to be a NY law. It will be a out of state or foreign regulation/code associated with equipment violations.
is a contract dead after the expiration date if the buyer backs out at last minute and neither party evoked time of essence. This contract is in NYS. There were no contingencies on the contract that were not met by either party.
If the contract was fully executed and the typical down payment was tendered to Seller's attorney, then there is no "backing out" unless the parties agree to nullify the contract. Purchaser may eventually run the risk of losing his/her down payment if the transaction didn't go... Read more »
Last year I was given a speeding ticket in Brewster NY on interstate 84. The cop said that I was doing 84 in a 65. I was actually do 74 in a 65 I had my cruise control on. I plead not guilty. I just got a letter saying the are dropping do to a parking violation. But I have no Idea what the cost... Read more »
The 1202 subsection you cited has the fine range of $0 to $400, 0-15 days in Jail and $25 surcharge (on top of the fine). The judge has the discretion to determine the amount.
I recommend you check if you have previously owned a vehicle, contact the DMV for details and review your NY abstract (which can be obtained online instantly).
She may not get rid of your dog just for the excesssive barking, but your neighbor may have a private nuisance claim against you on the ground that your dog interfered with his right to quiet use and enjoyment of his property. Your neighbor has the burden of proof.
Generally no. Other factors may change the answer (any fatality invovled, Class A endorcement or not, etc). Careless driving summons are among the frequently issued tickets in NJ just like reckless driving ones in NY.
Yes. However, a lot of documents are filed online and executed electronically these days, so original vs. copy may not make a lot of difference, but if he wants the very original ones, and his lawyer doesn't respond, he should be able to obtain a certified copy too.
I am starting an online metaphysical shop selling crystals, incense burners and other merchandise. I’m wondering what forms I need to fill out to create a business name, if I should go sole proprietor or LLC, are there any resellers permits I need? And any other information that might help me.... Read more »
It appears that you are going to start your own business. Answers to many, if not most, of our preliminary questions can be found online. Your entrepreneurial commitment may require a good amount of your time for research and verification of information.
The fact of "trespassing" will likely constitute "wrongdoing". Unless you meet the statutory conditions of "criminal" tresspassing, it's just a violation in NYS (you can get a ticket for a small fine).
I have my house listed to rent with the post stating no pets. I have a person who is interested but has a emotional support animal.
Am i legally obligated to rent to them ?
To better answer your question, we need to know more details. The answer will probably be "It depends". Various factors must be taken into consideration for assessment such as "does the tenant have a disability?", "does s/he need the animal in order to use and enjoy the... Read more »
Assuming that this is a serious question, we recommend a review of New York Consolidated Laws, Penal Law - PEN § 155.05 where "Larceny" is defined.
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