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I received a ticket for an open container in New York City while I was standing on the street. The container was about 3 feet away from me, but I was not in possession of it. The officer believed it was mine. There may have been witnesses nearby. How should I handle this situation?
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answered on May 20, 2025
It is understandable to be upset about receiving a ticket for an open container when you did not have possession of it. In New York City, the law prohibits the possession of open containers of alcohol in public spaces under Administrative Code § 10-125. To issue a valid ticket, the officer must be... View More 
I received a ticket for passing a stopped school bus in the town of Hempstead, NY. The ticket was based on video recording. The incident occurred on February 24, 2025, and the ticket notice was mailed to me on May 5, 2025, with a due date of June 4, 2025. I would like to know whether there are any... View More
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answered on May 14, 2025
I understand your frustration in receiving a ticket for passing a stopped school bus months after the incident occurred. It can be alarming to receive notice of a violation long after the event, especially when you may not clearly remember the circumstances. In New York, including the town of... View More
I have been living in New York for 5 years with a visa but never obtained a New York driving license. I hold a European driving license from France. I will soon travel to California and plan to rent a car there. Can I legally drive with my European license in California despite my residence in New... View More
answered on May 2, 2025
Generally speaking, you should be able to drive a car in California with a European driver's license. Whether the rental car agency will rent you a vehicle without an American license will depend on the agency, but most do. In the event you rent a car and get involved in a crash, the rental... View More
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
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
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
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
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
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
answered on Jan 6, 2025
As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability... View More
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
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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answered on Sep 26, 2024
If you hired a lawyer, you should really address all questions to him/her.
Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.
If you have a lawyer on file with the court, the supporting deposition has to be... View More
What should I do if I got 2 tickets, one being “speed not reasonable and prudent” but the speed was not listed on the ticket, and the other “moved from lane unsafely”. I double yellowed a car going a little below the speed limit and just as I did, a cop was a little ahead and saw me do... View More
answered on Jul 8, 2024
If there is a way to plead not guilty online then I would do that and click on “request a hearing”. Many jurisdictions will simply give you an offer at that point and you can resolve the ticket for less. If not, go to the hearing and explain yourself (often times they have a court clerk to... View More
My friend was wondering if traffic tickets are considered bills of attainder. And if not what the difference between a ticket and a bill of attainder actually is
answered on Jul 4, 2024
A traffic ticket defense attorney could have more insight into your question, but it remains open for three weeks. Until you are able to consult with a traffic ticket attorney, I'm not aware of a connection. Bills of attainder, which are banned by the U.S. Constitution (Art. I - "No Bill... View More
As the title suggests, the court has postponed my hearing more than 4 times. I submitted my evidence the day it happened. Are the points still valid? Did they ever take away the points from my license? If there comes a date when they don't postpone it, do I still have to go to court? How long... View More
answered on Jun 23, 2024
Are the points still valid? Points go on your record only, and only if you are convicted by plea, trial, or default.
Did they ever take away the points from my license? DMV maintains a lifetime record. However, the public record only maintains the points for four (4) years.
If... View More
He let me go with the citation no arrest or anything but my oath ceremony is on Friday. Can this get me denied ??
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answered on Apr 10, 2024
Based on the information you've provided, it's unlikely that a single citation for an insurance lapse will impact your ability to take the Oath of Allegiance and complete the naturalization process, as long as you have addressed the issue and can demonstrate continuous insurance coverage.... View More
So say I get pulled over on my bike for say a minor traffic violation and I am texting someone on my phone then the officer comes up to me and states that I am detained and told me to put my phone down. Is that an lawful order that I have to follow.
answered on Mar 3, 2024
I don't think you will catch a charge for resisting arrest or failure to obey a lawful order for not putting down your phone. I think you will catch a bunch of other charges as the cop gets annoyed at you being discourteous by engaging in a call while you are detained.
I got 2 tickets in Woodbury, NY, one for going 63 in a 30 zone, and another for speeding unresponsible and prudent. But I noticed a totally wrong licence plate number on both ticket as well as on the supporting deposition.
Will that help with anything?
answered on Feb 7, 2024
Where are the tickets returnable at? If the license plate is off by a digit or two, that probably will not make much of a difference if the rest of the information on the ticket is correct. The cop gave you 2 separate speeding tickets? Call an attorney for a consult.
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answered on Jan 30, 2024
If you received a ticket for driving without a license, it's important to carefully review the ticket for any instructions or court date information. In many instances, traffic citations in the United States, including those for driving without a license, require a court appearance.... View More
Driving 80 in a 55 on palisades in Rockland county. State cop pulled me over and stated he had me at 80 but saw me slow to 65 when I saw him and wrote the ticket for 65 in 55 zone. Ticket is charged based on Officers “direct observation” and speed verified by “pace.” Does pace mean he... View More
answered on Jan 22, 2024
You will lose. If the zone is 55, going 56 is speeding. The fact that he gave you a break by writing only 65 is a gift to you. Office would testify to his experience and his observation is based on that. BTW, 25 mph over is a 6 point violation. 10 mph over is 3 points.
After being stopped for a traffic violation (stop sign) a officer requested identification which was refused to be given. Officer stated that the driver can be held in custody until he was properly identified so that a traffic ticket could be issued. Eventually ID was given and the driver was... View More
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answered on Jan 11, 2024
In New York, when a police officer stops a driver for a traffic violation, the officer has the authority to request identification. This is to ensure that the driver can be properly identified for the purpose of issuing a traffic ticket. Refusing to provide identification can lead to further legal... View More
Had a bus coming towards me in a 45 zone. At this time he was about 150ft away from me, he turned his yellows on like 30ft from his stop. And when he came to his stop I was like 20ft in front of him. He then waited for me to get right up to him to flip his reds.
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answered on Jan 4, 2024
The timing for when a bus activates its yellow warning lights before stopping varies depending on local laws and regulations. Generally, these lights are meant to alert motorists that the bus is preparing to stop to either pick up or drop off passengers.
In your situation, the bus... View More
i got a ticket for driving left of pavement marking and driving with only a permit. but on both tickets the year of the car, model of car and color and the expiring date of registration. will the judge dismiss it?
answered on Dec 31, 2023
The traffic ticket defense attorneys here would be most knowledgeable on this, but your question remains open for a week, and you probably have a short window in which to respond. In general, courts will usually correct small discrepancies in a ticket about vehicle details and move forward,... View More
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