Q: should I invest in a lawyer for an unlicensed operator ticket hearing(New York)?
I recently found out that my license had been suspended for over a year. The officer only pulled me over to let me know my lights in the back were broke, but then informed me I was unlicensed and wrote me for an unlicensed operator ticket. It was a bumper sticker ticket that was unpaid that I don't recall(probably for speeding or parking in reality that they gave a break on as I don't have bumper stickers).
I've received several parking tickets since that I've paid off, and even registered a new car 2 months ago having to hand over my license to do so and no one informed me it was suspended. I initially pleaded not guilty because I felt set up. I wouldn't have been driving if I knew it was suspended and no one who had access to see it was felt the need to tell me for this whole past year. I have a hearing, and I don't know if I should get a layer, just explain things myself or if I'm in the wrong and should change my plea to guilty. I've never had to go to court before. Any advice?
A:
Hi. You cannot plead guilty to an aggravated unlicensed operation (driving with a suspended license) because this is a criminal charge, a misdemeanor. It is important that you have an attorney represent you for that in order to avoid criminal record. If the ticket was for unlicensed operator (which is a regular traffic ticket) some courts will be willing to reduce the charge under some circumstances. Feel free to call me if you need some guidance.
Sue Veltry
631-234-5678
A: There are several statutes in NY under which a summons is issued to a driver like you who didn't know his license was suspended. The violation can be a criminal offense (misdemeanor or felony) or a traffic infraction. If your is a traffic violation, you may not need a lawyer, and you may be able to get the charge dismissed or reduced to a next-t-nothing offense with a fine only by producing evidence that you have been restored, etc. If you have been hit with a criminal offense then you will want to consult with an attorney who has the sense of the local personality of the township where your case is pending.
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