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Questions Answered by Toshinori Isoai
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... View 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... View 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... View 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.... View 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... View 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.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord not paying heat, even though the lease states they are responsible to pay.
Toshinori Isoai
Toshinori Isoai
answered on Mar 30, 2021

You may want to contact your landlord about lack of heat in writing. If no action taken by the landlord in a timely manner, call 311 to report the violation. You can also sue the landlord for breach of warranty of habitability.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If you get a ticket with the wrong year,make,model and color of the vehicle is that ticket still valid.

The ticket that was issued has no reason why they pulled him over and all of the vehicle information is wrong except the license plate number can it be thrown out for this incorrect information?

Toshinori Isoai
Toshinori Isoai
answered on Mar 30, 2021

To better answer your question, we need to know under what section the ticket was issued to you.

1 Answer | Asked in Traffic Tickets for New York on
Q: Hello I've received a ticket and I need advice

Hello I've recieved a ticket in homer ny on 281. I was driving a female and her child daughter from 29 Hudson st homer ny to 1551 rt 91 fabius ny. Along 281 I accelerated to 55 to early not being from here originally I don't know the roads to wall yet I continued to pass a slower mowing... View More

Toshinori Isoai
Toshinori Isoai
answered on Mar 30, 2021

To better answer your question, we need to know under what section the ticket was issued to you.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Toshinori Isoai
Toshinori Isoai
answered on Mar 30, 2021

You can terminate him/her, but the retainer agreement with your attorney may say that you are responsible for the payment of the legal fee incurred in connection with your matter through the termination of the relationship.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Can you get a hardship drivers license in New York if you are 16.
Toshinori Isoai
Toshinori Isoai
answered on Mar 15, 2021

More information is needed for a better answer. A grant of hardship privilege is based upon the finding of the statutory conditions and not just your age. But if you are 16 and in high school, you will not allowed any privilege if you just want to drive to and from a high school.

1 Answer | Asked in Traffic Tickets for New York on
Q: in a parking lot where the exit is one way. and i exit the wrong way. is that in violation if V&T law 1127?

the parking lot has an entrance and exit both are one way. i exited from the entrance. but was on correct heading on the street i entered. got a ticket with 1127 violation code which regards to driving wrong way on a street.

Toshinori Isoai
Toshinori Isoai
answered on Mar 15, 2021

1127 (a) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can you drive in New Jersey with a New York junior license?
Toshinori Isoai
Toshinori Isoai
answered on Feb 17, 2021

You can, but you need to comply with the NJ law that applies to the similar license recognized in NJ. In NJ, the kind of your license is often referred to as "probationary license" (aka provisional license). As long as you drive in NJ, you should keep in mind the restrictions that apply... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: I have a conditional discharge in NY recently received reckless driving in NC Will this violate my conditional discharge
Toshinori Isoai
Toshinori Isoai
answered on Feb 12, 2021

It's recommended that you retain a local "NC" attorney. Upon information and belief, reckless driving is classified in NC as a misdemeanor just like NY. If you get convicted of the charge, that means you have a criminal record, which possibly affects your conditional discharge. You... View More

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