answered on May 6, 2022
You will need to show either you were not the driver or you did not fail to obey the signal. Often times, the officer claims you ran a red light and you claim the traffic light was yellow. Depending on the township, you may be able to get "meaningful" discovery (police video, intersection... Read more »
I'm afraid of losing my license or my job
answered on May 6, 2022
You may want to speak with an experienced traffic attorney who has the sense of the township and its locality. Different townships and municipal prosecutor(s) have different personalities and policies. How your case should be approached and will be resolved may also depend on several factors such... Read more »
answered on Apr 6, 2022
In NY, your junior license holder will be suspended for 60 days if you commit a serious traffic violation. A serious traffic violation usually means a violation with 3 or more points. In NY, a speeding offense, if convicted, carries 3 points if your speed was 1-10mph over the speed limit. Yes,... Read more »
My husband got a traffic ticket in the morning while dropping our son to school. He passed a school bus (failed to notice) stopped in the opposite direction. He was going to drop off our son to school early. The incident happened right after he backed out from our driveway. It was a chaotic... Read more »
answered on Apr 6, 2022
Under VTL 1174, a driver must stop for a school bus picking up or discharging passengers. It's a straight forward statute with no consideration of the driver's intent. Your personal necessity (of getting to school early) or other factors (such as a bad weather, "everybody was passing... Read more »
I bought the car in a private sale and attempted to drive it to the DMV with license plates from my previous car. Officer pulled me over and impounded the car. He issued me two tickets: driving/parking unregistered car and then fictitious plates. After the incident I immediately went and... Read more »
answered on Apr 6, 2022
If you bought a vehicle and the temp plate came with the vehicle, then you may be able to argue that you didn't know it was fake since the shop put it on. Driving unregistered vehicle is a minor violation which practically carries a fine only. It's a payable ticket but the fine will go up... Read more »
answered on Mar 9, 2022
It depends on the officer who stopped you, but you can get the ticket for driving unregistered vehicle OR "failure to present a valid registration".
Can I still fight to not get these points at all? Or will get them regardless? If so I know I can do a defensive driving course to remove, but will my insurance still increase ?
answered on Mar 7, 2022
If you received the speeding ticket in NYC and that's the only ticket you got, then your case will be heard in the place called "Traffic Violations Bureau (TVB)" which looks like another court but it's actually an administrative "agency" run by the NY DMV, not the... Read more »
answered on Feb 24, 2022
Most likely yes, depending on the circumstances. You, however, may want to carefully and thoroughly analyze all the information on the tickets for any facial defect for dismissal.
I got a camera fine for passing a school bus as the lights came out. But the bus stopped in a no stopping zone. And I wouldve had to slam on my breaks to maybe catch the bus.
answered on Feb 23, 2022
In NYS, you are most likely required to stop whenever a school bus is stopping on a public highway, street or private road for the purpose of picking up or discharging passengers and one red signal lamp is flashing.
I got a plea bargain letter that could convert the speeding ticket to VTL 1110A Disobeyed Traffic Control Device w/$150 fine. But I may still get 3 points.
answered on Feb 9, 2022
Assuming that you have a NY license, yes, 1110A will put "2" points on your license. If the original speeding is 70 in 65, 1110A may seem a little bit unreasonable, but it depends on the circumstances surrounding your case and policy and personality of the town/village and/or the... Read more »
Car slide on ice and hit a pole. No drinking involved. Called AAA, they said they’d arrive shortly. It was cold and my husband had a cut on hand, not severe. My son picked up my husband, took him to our home to treat injury and I waited for A A A. Waited 2 hrs. Someone called police while I was... Read more »
answered on Feb 7, 2022
First, your husband didn't get a summons for DWI, which is a relieving thing (even if there is no way for him to get convicted of that). FYI, Red eye, bloodshot and watery eyes, slurred speech, etc. are not necessary indicia of being under influence.
Keep in mind that the People... Read more »
I got two tickets in January of 2019. Seatbelt and speeding (speed in zone 11-30, 4 points). I initially filed a written response in lieu of appearance. Court has adjourned it on its own (I never requested adjournment) 4 times. They just recently adjourned it to July 2022. Is it possible to get it... Read more »
answered on Feb 1, 2022
No. TVB is an administrative court and the speedy trial defense doesn't apply to your traffic matters in TVB. The court is authorized to administratively change your court dates.
My mom is in a nursing home. They are asking me to become her power of attorney. Her husband he still lives home is not doing well and will probably pass soon. The nursing home is trying to put my mom on medicaid to pay for her long term treatment. When her husband dies, will the nursing home get... Read more »
answered on Jan 26, 2022
This has to be thoroughly examined and analyzed. Who is the beneficiary of the policy? What is the cash value (not benefit) of it? Whose house is her spouse living now? Medicaid application must be well cultivated and planned in advance because there is a cap for both income and assets of the... Read more »
answered on Jan 13, 2022
It's not quite clear what is being asked here, but if a penalty period is concerned, in NY, you do not "pay" penalties to Medicaid to cure or get rid of the penalty period. If your penalty period was conclusively determined to be 6 months due to transactions such as certain transfers... Read more »
Does this mean I also got points on my lisence ?
answered on Jan 8, 2022
It depends. If you have a NJ license, then it's likely that you will be assessed points but if you have a license from other states, it may not be the case.
I have a court case where I was "speeding 41 over" which is the exact amount for automatic suspension. Officer pulled me over and was immediately annoyed about a sticker on my windshield. He told me to take it off my windshield and to never put it on even though it was from a PBA... Read more »
answered on Jan 4, 2022
Sorry for the situation. If you received the speeding ticket in NYC and that's the only ticket you got, then your case will be heard in the place called "Traffic Violations Bureau (TVB)" which looks like another court but it's actually an administrative "agency" run by... Read more »
I got ticket speeding in work zone with 6 points. Now I have received info back and they are offering to lower it to parking in front of fire hydrant and 0 points. Do I say guilty and accept or say innocent and wait for court date? They sent plea via mail due to COVID pandemic.
answered on Jan 1, 2022
It depends on your situation. Do you have a valid defense such as you were not the operator? Assuming that the speeding charge (6 points) is valid (meaning that the officer has proper training to assess your speed visually, etc) and you are likely to lose the case, then taking the plea offer may... Read more »
answered on Dec 27, 2021
It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.
If 90 days notice applies must the tenant pay all future monthly rents to the landlord?
answered on Dec 25, 2021
Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.
This is a new landlord. My apartment building was recently bought with about one month from the previous owners. Must I vacate the premise?
Is there any legal recourse? Must the landlord give a reason for the notice to vacate?
Thanks.
answered on Dec 16, 2021
The change of ownership won't affect the lease in effect. The new owner must respect and entertain the lease terms unless the lease says otherwise. S/he cannot kick you out. However, RPL §226-c concerns renewal (or no-renewal) of a residential lease. So if your lease is to expire soon and the... Read more »
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