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When it comes to the rights of a motorist to reschedule a ticket, Judges have become increasingly stringent. Gone are the days when one can expect an ALJ (to routinely reschedule a ticket. Even getting a first reschedule requires a “valid reason” to be professed. Such acceptable excuses are: to hire an attorney or to…
Upon conviction of any traffic violation in the 5 boroughs of NYC: Brooklyn, Queens, Manhattan, Staten Island and the Bronx, points assessed are automatically added to your driver’s abstract. How many points and how long they stay are 2 issues addressed in earlier blogs. Once they are on, the only way to have them removed…
PART 1: DMV One of the most frequently asked questions in my office relates to how to figure out points associated with a traffic violation. It is quite easy to assess a specific violation‘s point value by comparing the code on the summons with charts available on this site or on many DMV sites. What…
Throughout my almost 30 years of defending motorists who have received traffic violations throughout the state of New York, there have been multiple instances where what they have been accused of seems like a fictitious section of law. However, after a cursory examination of the ticket they were given I am able to explain to…
There has essentially been a 3-tiered approach to minimizing the burden of fines on drivers convicted of in the NYS Traffic Violations Bureau. The impetus for this harkens back to a statement by Governor Andrews C. Cuomo drawing attention to “a cruel and counterproductive collection practice that creates a cycle of poverty”. A study by…
1. Is there a minimum threshold below which an officer will not write a ticket? The old rule of thumb was a Police Officer would give someone 8 miles over the limit before deciding to stop an offender. Lately within New York City, I have seen speeds of less than this being ticketed. That being…
We have all experienced a time when we are about to enter an intersection on a green light and we hear sirens blaring in the distance. No one wants to be T-boned by an ambulance or police car so natural inclination is to check your surroundings and assess what maneuvers need to be made. In…
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