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Questions Answered by Toshinori Isoai
1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Is a 39:3-40 violation worth fighting or will a lawyer be too expensive. Suspension was for uninsured old car I junked

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

Toshinori Isoai
Toshinori Isoai answered on Oct 25, 2021

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 »

1 Answer | Asked in Real Estate Law for New York on
Q: Do I have a case against previous homeowner for NOT disclosing an invasive species of plant taking over our yard?

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 »

Toshinori Isoai
Toshinori Isoai answered on Oct 25, 2021

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...
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1 Answer | Asked in Traffic Tickets for New York on
Q: im a NJ driver and resident i got pulled over in NYC for not wearing a seat belt do i get points in NJ license?
Toshinori Isoai
Toshinori Isoai answered on Oct 24, 2021

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.

2 Answers | Asked in Business Law for New York on
Q: How do I transfer legal ownership of my business from me to someone else

Operating in NY

Toshinori Isoai
Toshinori Isoai answered on Oct 14, 2021

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 »

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2 Answers | Asked in Traffic Tickets for New York on
Q: Should I fight a speeding ticket if the confidential info section & other info is wrong?

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 »

Toshinori Isoai
Toshinori Isoai answered on Sep 10, 2021

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,...
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2 Answers | Asked in DUI / DWI for New York on
Q: First offense DWI. First offense, no accident 1192.2 and 1192.3 and 1128a. Returned Dl. What to expect in court?

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 »

Toshinori Isoai
Toshinori Isoai answered on Sep 1, 2021

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 »

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1 Answer | Asked in Traffic Tickets for New York on
Q: My vehicle was towed yesterday moving it from deal in Tennessee to a shop in Buffalo New York because of a registration
Toshinori Isoai
Toshinori Isoai answered on Aug 31, 2021

I do not see a question here. We need more detailed descriptions of the issue.

3 Answers | Asked in DUI / DWI for New York on
Q: DUI NY First time ofense. Charged w/ 1192.2, 1192.3 and 1128A. Returned DL and told can drive. What can expect in court?

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

Toshinori Isoai
Toshinori Isoai answered on Aug 30, 2021

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 »

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2 Answers | Asked in Traffic Tickets for New York on
Q: I am getting a plea bargain application with the original charge of speeding 1180D and the reduced charge of 1110 A

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?

Toshinori Isoai
Toshinori Isoai answered on Aug 31, 2021

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 »

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1 Answer | Asked in Criminal Law for New York on
Q: Good afternoon can you tell me what this law means arrantO.C.G.A. 40-8-7 (2010) 40-8-7. Driving unsafe or improperly
Toshinori Isoai
Toshinori Isoai answered on Aug 18, 2021

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.

2 Answers | Asked in Real Estate Law for New York on
Q: Hello, I have a question regarding a purchase contract for a residential property

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.

Toshinori Isoai
Toshinori Isoai answered on Aug 12, 2021

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 »

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1 Answer | Asked in Traffic Tickets for New York on
Q: How do I find out how much a ticket will be for code violation 1202-b2 in brewster NY

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 »

Toshinori Isoai
Toshinori Isoai answered on Aug 9, 2021

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.

2 Answers | Asked in Traffic Tickets for New York on
Q: My drivers license was suspended due to lapse of insurance but my name was never on the registration or the insurance
Toshinori Isoai
Toshinori Isoai answered on Jul 27, 2021

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).

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1 Answer | Asked in Animal / Dog Law for New York on
Q: My neighbor is complaining about my dog's barking. Could he/she prosecute me or force me to get rid of my dog.
Toshinori Isoai
Toshinori Isoai answered on Jun 16, 2021

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.

1 Answer | Asked in Traffic Tickets for New York on
Q: I have a NY drivers license and I got a ticket for careless driving in new Jersey. Any points?
Toshinori Isoai
Toshinori Isoai answered on May 14, 2021

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.

1 Answer | Asked in Real Estate Law for New York on
Q: Is my father entitled to the original paperwork ? Lawyer is giving a very hard time to give him the original paperwork
Toshinori Isoai
Toshinori Isoai answered on Apr 15, 2021

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.

1 Answer | Asked in Business Formation for New York on
Q: I am interested in starting an e-commerce business and I am in Niagara County, NYS.

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 »

Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

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.

1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: Can I get in trouble for trespassing on someone's land in New York but not doing anything wrong, just walking?
Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

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).

1 Answer | Asked in Landlord - Tenant for New York on
Q: do i have to rent to a person with a ESA dog if no pets allowed is in the listing?

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 ?

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

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 »

1 Answer | Asked in Animal / Dog Law and Federal Crimes for New York on
Q: Is pet flipping in New York State illegal?
Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

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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