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...
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...
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.
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)
If your New York driving license was revoked and you have served the full revocation period it may be restored using the NY DMV website.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...
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...
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.
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...
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...
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...