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New York Increases Penalties for Cell Phone Use: Texting While Driving Tickets are now 5- Points

On June 1, 2013, a conviction for cell phone use while driving increased to 5 points from 3 points. The  Department of Communication for the New York DMV announced that the DMV will impose 2 points for drivers found guilty of using a cell phone while driving for offense on or after February 16, 2011.  Previously, no points were assigned for talking on a cell phone although two points are assigned for texting while driving violations. The new regulation will align the point penalty for both violations. In November 2001, New York banned handheld cell phone use while...

Do I have to submit to DNA testing if I'm convicted for DWI?

The latest Supreme Court decision of Maryland v. King has brought many questions from our clients, friends, and collogues in regards to what the ruling means for New York residents. Our response to these numerous inquires is as follows: DNA testing has been commonly collected for those convicted of a crime. In fact, All 50 states require DNA collection of those convicted a felony. In addition, New York has passed a bill that will allow police to collect DNA from anyone convicted of a crime (felony or misdemeanor) within the state, including those convicted of DWI. In recent years some states...

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New York Traffic Ticket Surcharges Set to Increase July 26, 2012

Many clients have enjoyed having their moving violation tickets reduced to a no-point non-moving parking violation. The parking violations do not show up on their abstract, the maximum fine could be as little as $0, and there was no mandatory surcharge. That is set to change. Beginning Saturday, July 27, 2013, New York State Courts will begin assessing a mandatory state surcharge to any plea under Vehicle and Traffic Law sections 1200, 1201, and 1202 that apply to parking violations. The good news…the new mandatory surcharge for the parking convictions is only $25. The state...

Demerit Points for Canadian Drivers Convicted of New York Traffic Tickets

Ontario and Québec keep track of Canadian driving violations with a demerit system similar to New York State's point system.  Under a special agreement, Ontario and Québec share information with New York State about traffic violations and transfer points and demerits between countries. For example, an Ontario driver convicted of a speeding ticket in New York State will be assessed demerit points as if the conviction had occurred in Ontario.  Ontario demerits for speeding violations: 6 demerits for exceeding the speed limit  50 Km/h (roughly 31 MPH) 4...

Restoring a Revoked New York Driving License

If your New York driving license was revoked and you have served the full revocation period it may be restored using the NY DMV website. To be restored, you must apply to the DMV for a new driver license or privilege. The use of the online services requires that you set up your MyDMV account at the New York State DMV.   Request Approval from the Driver Improvement Unit (DIU) You may request approval online at the DMV and the system will automatically determine if you are eligible. If you are eligible for approval the site can issue that approval immediately online. Once approved for...

5 Benefits of Hiring a Traffic Lawyer to Fight Your Ticket

​ 1) Protect Your Driving License from Points and Your Insurance Premuims from Increases New York uses a point system to keep track of your driving.  Convictions for many traffic violations will cause you to acquire points. If you acquire too many points, 11 points in any 18 month period, and the NY DMV will suspend your license.  It is not difficult to acquire 11 points.  For example, a ticket for speeding 86 in a 65 mph zone is 6 points.   Car insurance companies also keep tabs on their insured drivers and tickets will mean increased...

Will I have to Appear in Court?

No. You will not have to appear in Court For all traffic infractions; like speeding, cell phone use, passed red light, you will not have to appear in court once you hire us to represent you. However, if you are charged with a misdemeanor, for example Aggravated Unlicensed Operation, your appearance in court will be required. We will let you know  if your personal appearance is required. 

What is Aggravated Unlicensed Operation in New York?

​ A Criminal Charge Based on Driving with a Suspensded Licence  Aggravated Unlicensed Operation or “AUO” is a misdemeanor, and therefore a crime under New York law.  A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the 3rd degree when a person operates a motor vehicle upon a public highway while knowing or having reason to know that their license or privilege of driving has been suspended, revoked or otherwise withdrawn by the DMV.   AUO Charges May Come as a Surprize  AUO charges sometimes...

What is an adjournment?

Adjournment means to put off a court session until a later time. In traffic cases, lawyers routinely  request adjournments to give time to meet with the prosecutor, obtain a necessary document, or for other good reason related to the case. Courts liberally grant adjournments for good reason. If we tell you that your case been adjourned, it means you don't have to worry about the court date on the ticket. Thereafter,  we keep track of the dates and, if necessary, request additional adjournment to give time to complete your case.  Once you hire us to be your...

How 1 Guilty Plea and 2 Stops Results in Criminal Charges and Fines for Years

You Get Your First Speeding Ticket Ever You are late for an important meeting and decide that getting there faster is worth the risk of getting your first ticket. You hit the gas and the speedometer soon reads "78 mph." You are driving in a 55 mph zone, and flashing lights have just appeared behind you. The officer writes you a speeding ticket for 78 mph in a 55 mph zone. At this point, you can plead guilty by mail, try to represent yourself, or hire a lawyer to represent you. The process of representing yourself seems confusing and complicated and you think hiring a lawyer...





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Me and a friend got in legal trouble in a town about 4 hours away from where we live. The charge was very threatening, and we expected to be dealing with it for months with little hope that it would go in our favor. We ended up having all of the charges dropped in the first appearance within about 40 minutes. Words cannot describe how much weight has been lifted off of our shoulders at a very modest price. Forever grateful for spending the time to research and find this excellent lawyer!

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Fantastic to work with, he was able to take my cell phone ticket worth a possible 5 points and bring it down to a muffler violation worth 0 points. Could not be happier with the service provided and how quick and easy everything was, once I answered a few questions everything else was taken care of for me! Extremely reasonable price, especially considering all I will be saving not having to pay extra on my insurance!

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