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New York Traffic Tickets Questions & Answers
1 Answer | Asked in Immigration Law, Criminal Law, Domestic Violence and Traffic Tickets for New York on
Q: Chance of getting a green card with probation violation and pending I-130.

I have a pending I-130 petition and a history of arrests including gun charges, domestic violence, and traffic offenses. I married while in prison to avoid deportation in 2020. After divorce, we remarried and filed a new petition, but my wife called the cops and a gun was found in my apartment.... View More

James L. Arrasmith
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answered on Apr 27, 2025

Your situation presents significant challenges for your green card application. Immigration law treats criminal convictions severely, and your history of gun charges, domestic violence, and probation violations falls into categories that may render you inadmissible under U.S. immigration law. The... View More

1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: Eligibility for Section 245(k) for EB-3 Skilled Worker after F-1 visa revocation and pending asylum application.

I was on an F-1 visa, which was revoked on April 16, 2025. I've maintained lawful presence in the U.S. throughout my stay and have a pending asylum application. I have an approved Prevailing Wage Determination (PWD), PERM, and I-140, and am preparing to file my I-485 once my priority date of... View More

James L. Arrasmith
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answered on Apr 24, 2025

I'm looking at your situation regarding Section 245(k) eligibility. Based on the information you've provided, you appear to meet the basic requirements for Section 245(k) relief. This provision allows employment-based immigrants to adjust status despite certain immigration violations, as... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: What should I do at court for driving with suspended registration in NY due to insurance lapse?

I was pulled over in Fulton, NY, and given a ticket for driving with suspended registration due to a lapse in insurance. My husband handles our bills, and I was unaware since our stickers were current. We recently switched insurance and assume the lapse happened then. The next morning, we visited... View More

Michael Arbeit
Michael Arbeit
answered on Apr 22, 2025

First, call your insurance company and ask them to give you a coverage letter for the date of incident. Take all the paperwork that you received from DMV that the registration suspension was rescinded. You can show the prosecutor that the registration suspension was cleared up and that there was... View More

0 Answers | Asked in Traffic Tickets for New York on
Q: Do I need to remove non-functional red and blue strobe lights on my car in NYC and Buffalo, NY for legal compliance?

I have a car in New York City and Buffalo, New York, with red and blue strobe lights installed for decorative purposes. The lights are not in use, but the bulbs are visible from outside the vehicle. Do I need to remove or disconnect these lights to comply with local laws, even if they're not... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: 17-year-old speeding 23 mph over in NY school zone, first offense consequences?

I went 23 mph over the speed limit in a 20 mph school zone in New York State, making it a traffic infraction. I am 17 years old, and this is my first traffic offense. There were no children present outside the school at the time. How serious is this infraction, and what potential consequences might... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re right to be concerned—speeding in a school zone is taken seriously in New York, especially at 23 mph over the limit. Since the posted limit was 20 mph, you were driving at 43 mph, which places you in a higher penalty category. Even though this is your first offense and there were no... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Traffic Tickets for New York on
Q: Can traffic court compel testimony after pleading the Fifth in NY?

In a traffic court case for a stop sign ticket, I testified and was initially found guilty. I successfully appealed with a 3-0 decision in my favor. However, at a second trial, the DA suggested that the judge compel me to testify, even after I pleaded the Fifth Amendment, stating it could lead to... View More

James L. Arrasmith
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answered on Apr 12, 2025

This is a deeply important question, and it's understandable that you're frustrated and confused by the way things unfolded. In most criminal cases, the **Fifth Amendment** protects individuals from being forced to testify if doing so might incriminate them. However, **traffic court in... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Are DIY red fog lights legal in NY state?

I recently did a DIY modification on my car by changing the fog lights to dim red lights while keeping the headlights white and bright. I am concerned about the legality of these modifications in New York, although I haven't received any citations or warnings so far. I found the state... View More

James L. Arrasmith
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answered on Apr 12, 2025

you’re smart to ask this before running into any trouble, especially since lighting laws in New York can be stricter than they first appear. In New York State, red lights are generally prohibited on the front of any non-emergency vehicle. The law is written this way to avoid confusion with... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: Are there laws prohibiting traffic cameras recording speed and noise in Mill Neck, NY?

I received a notice of violation from a traffic camera in Glen Cove, NY. I am concerned about the legality of these cameras, particularly regarding laws in Mill Neck, NY, 11765. Are there current laws prohibiting traffic cameras that record speed, licenses, and noise in Mill Neck?

James L. Arrasmith
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answered on Apr 12, 2025

In New York State, including Nassau County, the use of traffic enforcement cameras—such as those monitoring speed, red lights, or noise—is governed by state law and local ordinances. While red light and speed cameras are permitted in certain jurisdictions, their implementation must adhere to... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Unable to attend court date due to conflicting international travel; facing obstruction traffic ticket.

I am facing a traffic ticket for obstructing traffic. I have made five court appearances, but the officer has only appeared once. Now, the judge has set a trial date on a day when I have a flight scheduled, as I must travel to another country for two weeks. What should I do to address this... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're in a stressful spot, and it’s understandable to feel caught between two important obligations. Since your trial date now conflicts with your international travel, the most important thing you can do is act quickly. **Contact the court immediately**—either by phone, in writing, or in... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Red light cameras in Franklin County, NY: count and location?

I'm conducting a research project on traffic regulation in Franklin County, New York. Are there any red light cameras currently installed in this county, and if so, how many are there and where are they located?

James L. Arrasmith
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answered on Apr 12, 2025

As of April 2025, there is no publicly available information indicating that Franklin County, New York, has implemented red light cameras. The Insurance Institute for Highway Safety (IIHS) lists several New York communities with red light camera programs, including Albany, Mount Vernon, New... View More

2 Answers | Asked in Traffic Tickets for New York on
Q: Drive in NJ with NY learner's permit and supervision?

Can I drive in New Jersey with my New York learner's permit while under the supervision of a 22-year-old who has a New York driver's license?

Zev Goldstein
Zev Goldstein
answered on Mar 25, 2025

This is technically a NJ question because you want NJ reciprocity for your NY license. Try reposting this question with the location being "New Jersey" instead of New York.

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2 Answers | Asked in Traffic Tickets for New York on
Q: What is NY State law for yielding to an emergency vehicle on Highway 84 with traffic obstruction?

I was traveling eastbound on Highway 84 in clear conditions at 9:30 pm when a State Trooper was parked on the right shoulder with regular red taillights on, not flashing. He was finishing a prior stop with another motorist. I could not change lanes due to passing traffic and received a ticket for... View More

Toshinori Isoai
Toshinori Isoai
answered on Mar 19, 2025

You probably received the ticket under VTL VTL 1144-a(a) called "move over law". The law does not require you to change the lane if you cannot do so safely, in which event you are required to reduce your speed to ensure safety of the officer conducting a traffic stop. There are certain... View More

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1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: Can NYS suspend licenses for 2019 tickets without prior notice?

I recently received a suspension notice from the DMV for a ticket dated back to 2019 due to "failure to appear," but I don't recall getting the ticket initially. Additionally, my daughter received a similar notice without any ticket description, suggesting her license would be... View More

Zev Goldstein
Zev Goldstein
answered on Mar 9, 2025

The DMV would claim that they sent you notices that you ignored. You can plead not guilty and ask the Court to vacate the default. There is a different process depending on which court issued the ticket.

1 Answer | Asked in Traffic Tickets for New York on
Q: How to plead not guilty for speeding ticket in snowy conditions?

I received a ticket for driving 52 mph in a 30 mph zone. I plan to plead not guilty because, at the time, it was snowing, and I had just turned onto the road where the traffic was moving faster than 30 mph. I tried to keep up with the traffic and avoid impeding drivers behind me. Furthermore, the... View More

Howard E. Knispel
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Howard E. Knispel
answered on Feb 24, 2025

You need to enter the plea on the ticket and mail it in (keep a copy). You need to do this before the date on the ticket. You can bring it to the traffic agency and enter the plea there. Arguing you were going too fast in snow is not likely to be a winning argument however. You should speak to... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: what is the legal term to get a summons/violation dismissed when it was incorrectly written and served.
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Improper service defeats the jurisdiction of the court, so the defendant must be reserved within the statutory time period. If it is "improperly written" then that is a defense seeking dismissal for a defective accusatory instrument made after the case is properly within the... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: I had my registration suspended in NY for tolls. Ezpass will not give me a payment plan. Can a payment plan waive it

The collection agency will give me a payment plan but not ezpass. What do I do?

Michael Arbeit
Michael Arbeit
answered on Dec 19, 2024

https://new.mta.info/agency/bridges-and-tunnels/toll-payer-advocate

This website may help you. The MTA is really cracking down hard on people who do not pay tools via EZ-Pass

1 Answer | Asked in Tax Law and Traffic Tickets for New York on
Q: How can I donate & transfer a car into an unincorporated church ministry without triggering a tax event in New York Stat

How should I got about it and will the unincorporated ministry be able to register it without without 501c3 status?

James L. Arrasmith
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answered on Jan 10, 2025

In New York State, donating a car to an unincorporated ministry requires careful consideration of both tax and registration requirements.

To minimize tax implications, you'll need to properly document the transfer as a charitable donation, even without 501(c)(3) status. First,...
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1 Answer | Asked in Traffic Tickets for New York on
Q: What is the new york state required surcharge for VTL 1211 0A
Toshinori Isoai
Toshinori Isoai
answered on Dec 16, 2024

It's typically $88 - $93 depending on the jurisdiction.

1 Answer | Asked in Contracts, Tax Law, Traffic Tickets and Gov & Administrative Law for New York on
Q: Because the DMV has a UEI number does this make it a corporation?

My friend was wondering if because the DMV has a UEI number that that makes it a corporation. I tried to tell him that it is simply a state government agency responsible for issuing licensing and registration however he believes that having that number makes the DMV a for profit corporation.... View More

James L. Arrasmith
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answered on Oct 24, 2024

Having a UEI (Unique Entity Identifier) number does not make the DMV a corporation. The UEI is simply a unique identifier used by various government agencies to track entities for administrative purposes. The DMV remains a state government agency responsible for issuing licenses and registrations,... View More

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