by Lindsay Bernstein

Common Offenses That Lead to a Suspended License in New York

We frequently overlook or undervalue our ability to drive, regarding it as a right rather than a privilege. Though most of us know that there are fines and penalties for breaking traffic laws, we may not realize that some infractions carry stricter penalties – such as the suspension or revocation of a driver’s license. If you find that your license has been suspended because of a DWI/DUI or as the result of another traffic violation, you need to talk to a DWI/DUI lawyer or traffic ticket attorney who understands the common offenses that lead to a suspended license in New York.

While a suspension is a temporary measure, license revocation is a more severe, permanent action that requires a complex process for reinstatement and is governed by specific legal statutes. Find out more about your rights, as some suspensions result from activities unrelated to driving. Learn more about your rights – Contact a traffic ticket attorney or DWI/DUI Lawyer in New York.

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Driver’s License Suspension vs Revocation: What’s the Difference?

If you get a license suspension, you can’t legally drive for a specific time. When the suspension ends, the DMV will reinstate your driving privileges. The length of the suspension depends on the reason for the penalty and, therefore, can span from a few days to several months. License suspensions can result from various violations, including both driving and non-driving offenses.

Some of the common reasons include:

• Getting a DWI/DUI conviction
• Not carrying auto liability insurance
• Getting too many traffic tickets in a short amount of time
• Failing to pay a fine 
• Not filing an accident report
• Not paying state taxes
• Failing to pay child support
• Having a medical condition, such as epilepsy

Revocation of a driver’s license means the license was canceled, and you lost your driving privileges. You may reapply for a new driver’s license after the revocation period ends. This may involve paying fees and taking tests.

The DMV may refuse to accept your application for a notably bad driving record or if you don’t meet agency requirements. If it permanently revokes your license, you can’t get a new one, even if you attempt to do so.

Driving with a Suspended License: The Dangers

If you decide to operate an automobile with an invalid license, there is much more at stake than legality alone; here’s what might happen if caught by authorities:

Jail Time – Depending on where exactly the act took place and under what circumstances, imprisonment terms could range from days to years behind bars.

Heavy Fines – The monetary penalties associated with being caught driving on a suspended or revoked license can exceed several thousand dollars.

Common Offenses that Lead to a Suspension and What You Can Do to Avoid These Violations

Getting Several Speeding Tickets in a Short Period of Time

Having three speeding tickets within 18 months in New York can lead to a license suspension. Therefore, follow speed limits at all times.

Here are a few tips on how to prevent speeding:

• Always pay attention to posted speed limits.
• Use the cruise control when driving on highways.
• Leave early enough so that you do not have to rush.
• Slow down in speed traps and areas with heavy enforcement.
• Pay attention to speed limits in work zones. The system in these zones uses radar to catch speeding motorists. The system triggers a camera to capture photos and record the speeds of passing autos.

Driving Without Insurance

Driving an uninsured vehicle is illegal and extremely dangerous. Insurance protects you financially in case of accidents/ To avoid this situation:

• Set up automatic payments for your insurance premiums.
• If cost is a concern, shop around for affordable insurance options.
• Consider a use-based insurance program if you rarely drive.

Getting Too Many Points on Your DMV Record

In New York, getting 11 or more points within 18 months will result in a suspended license. Different traffic violations carry different point values, with the more serious ones having higher points attached.

To ensure that you have as little points as possible:

• Always obey every traffic law consistently.
• Sometimes, defensive driving courses can help take off points from your record.
• When given a ticket, explore plea bargains or traffic school options that reduce the points awarded.

Driving Under the Influence (DUI)

This is one of the most severe traffic offenses. DUIs attract hefty fines, jail time, and loss of driving privileges, among other penalties.

Here is how you can avoid getting charged with DUI:

• Plan ahead when you plan to drink. Use services like rideshares or taxis, assign someone who will not drink as the driver, or plan a sleepover at your host’s place, if necessary,
• Know that certain drugs impair your ability to drive.

Remember, even if your blood alcohol level is below the legal limit, you can still be charged with the offense if your driving skills are impacted.

Zero Tolerance Laws for Young Drivers

Drivers under the age of 21 can get their licenses suspended for having even a small amount of alcohol in their system. This reflects the stricter standards applied to younger and less experienced drivers.

Below are tips for young people who drive:

• Do not drink any alcohol before driving,
• Understand that some medications or foodstuffs may contain small amounts of alcohol, which, can register on tests,
• Peer pressure should not be allowed to put your license and future at risk.

Refusing a Chemical Test

Refusing to take a chemical test when suspected of DUI can lead to automatic license suspension regardless of whether you are drunk or not because of implied consent laws.

To avoid this situation:

• Know your rights and what happens if you decline,
• If you have not been drinking, it is usually advisable to take the test
• Keep contact details for a DWI/ DUI attorney on your smartphone

Failure to Pay Child Support

Though unrelated to traffic matters, failure to pay child support payment(s) attracts suspension of driving privileges. This is done to enforce compliance.

You can avoid a suspension by:

• Giving priority towards making timely full payments each month,
• Requesting adjustments from relevant authorities when facing temporary financial difficulties – meeting obligations fully or partially,
• Communicating changes that affect your ability to meet your obligation promptly.

Ignoring Court Judgments from Traffic Accidents

Failing to pay damages awarded against them or a failure to appear at certain court proceedings can lead to a license suspension.

Writing Bad Checks to the DMV

Someone’s license can be suspended by writing a check that bounces–due to insufficient funds–to the Department of Motor Vehicles (DMV).

Here’s how you can prevent it:

• Always ensure that there is enough money in your account before writing checks.
• Use credit cards or money orders as an alternative payment method for DMV transactions.
• Notify both your bank and the DMV immediately if you accidentally write a bad check.

The Need To Stay Informed

Many drivers do not know how many ways to lose their driver’s license. It is important then to:

• Keep track of your driving record and check its accuracy.
• Get updates on current traffic laws and regulations.
• Settle any tickets or citations issued promptly and without delay.
• Hiring a traffic lawyer when facing a possible suspension from driving privileges.

Immediate Suspension for DWI/DUI

• Refusing a Chemical Test: At arraignment – before conviction – if you refuse a Breathalyzer or other chemical test, your license is immediately suspended.
• Per Se Law: If your BAC is .08 percent or higher, your driver’s license will be subjected to immediate suspension.

Post-Conviction Suspension for DWI/DWAI in New York

• DWI Conviction: A 6-month minimum revocation period typically applies when you’re convicted for driving while intoxicated (DWI).
• DWAI Conviction: Driving while ability impaired (DWAI) by alcohol leads to ninety days’ suspension of your driving rights.
• Zero Tolerance Law: For drivers aged below 21 years, any BAC between .02 percent and .07 percent leads to a six-month license suspension following a DMV hearing.

Aggravating Factors for DWI

• Multiple Convictions: Subsequent DUIs within a specific time frame might cause lengthy suspensions or permanent bans from driving.
• Extremely High BAC: A DWI charge with a BAC level exceeding 0.18 percent, typically leads to a driver’s license suspension of not less than 12 months. A second offense of aggravated driving while intoxicated (AGG DWI) lengthens a suspension to at least 18 months, and a third AGG DWI results in a revocation of at least 18 months.
• Leandra’s Law Violation: This law is also known as the Child Passenger Protection Act. Under this legislation, a person who operates a vehicle while under the influence, with a child aged fifteen years or younger as a passenger, risks losing his/her right to drive legally for at least one year.

Administrative Vs. Court Ordered Suspensions

Suspension of a motorist’s driving privileges can be done either administratively or through a court order:

• Administrative actions taken by the Department of Motor Vehicles (DMV) are independent from any suspension imposed by the courts.
• Concurrently or consecutively,  these suspensions can run together depending on the factors connected to individual cases.

DMV-Ordered Suspensions

The DMV can order a suspension of driving privileges for various reasons, including failure to pay a fine or surcharge, failure to respond to a traffic ticket, and failure to complete a court-ordered program. In addition, the DMV may suspend a driver’s license for non-driving offenses, such as failing to pay child support or respond to traffic summons. Understanding these reasons empowers individuals to make informed choices on the road and take proactive measures to prevent license suspension. By staying on top of financial obligations and court directives, drivers can avoid the inconvenience and legal repercussions of a suspended license.

Conditional Licenses and Driving Privileges

Limited Driving Privileges

In some cases, the DMV may issue a conditional license to a driver whose regular license has been suspended or revoked due to a violation related to drugs or alcohol. A conditional license does not allow someone to operate a vehicle that would usually require a commercial driver’s license (CDL). The DMV can also issue a restricted license for a driver with a license that has been suspended for reasons unrelated to drugs or alcohol. This limited driving privilege allows individuals to continue driving for essential purposes, such as work or school, while their license is suspended. These conditional licenses provide a lifeline for those who need to maintain their daily responsibilities despite facing a license suspension.

Procedure for Restoring Driving Privileges

Following the suspension period, there are certain things you might have to do:

• Pay a reinstatement charge.
• Show that you finished all necessary alcohol education or treatment courses.
• In some cases, an ignition interlock device must be installed on your vehicle.
• You may need to reapply for your license and take a driving test again.

Contact a Traffic Ticket Lawyer or DWI/DUI Attorney Today If Your License is Suspended

A traffic ticket attorney or DWI/DUI lawyer can help you realize a better outcome than a license suspension. Make sure you have a legal advocate on your side. Contact a New York criminal defense lawyer for a case review and consultation now.

by Lindsay Bernstein

Driving Without a License Plate

Driving without valid license plates is a severe violation in all states in the U.S. Understanding these restrictions is critical if you wish to remain compliant and avoid serious repercussions. If you’ve received a ticket for this offense, consulting a traffic ticket lawyer can be crucial. An experienced attorney can assess your case, challenge the citation, and work to minimize or dismiss penalties, helping you protect your driving record and avoid unnecessary legal complications.sions.

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Legal Requirements for License Plate Placement

State law requires that drivers display license plates on the back of their car or the front and back of the vehicle. The plate should be clear of any obstructions, such as tinted coverings or frames, which might reduce visibility. Legislation mandates that license plates be clean and readable at all times, with all letters and numbers viewable from a fair distance.

Proper registration is also an essential part of license plate rules. Vehicle owners must confirm their registration is current and corresponds to the displayed plate. The relationship between a driver’s registration and their license plates supports law enforcement’s efforts to identify autos and their owners.

Breaking Down This Form of Driver Identification and Its Importance: 9 Ways License Plates Keep Everything Uniform and Safe

1. Law Enforcement and Public Safety. License plates help law enforcement identify automobiles engaged in crimes, accidents, or traffic infractions. They help law enforcement find stolen automobiles and aid with AMBER Alert situations. Plates also assist police in tracking car movements and establishing time frames during crises or investigations
   
2. ALPRs improve traffic surveillance and crime prevention. Automated License Plate Readers (ALPRs) represent camera systems that capture license plate images using optical character recognition (OCR) for use in databases.

ALPRs compare plate numbers to databases of stolen cars or vehicles of interest. This technology allows law enforcement to:

• Solve crimes
• Recover stolen vehicles
• Collect information regarding active warrants
• Identify missing people
• Perform homeland security

3. Vehicle Registration and Ownership. Plates confirm registrations within each state and verify payment of fees and taxes. They establish ownership and prevent theft. Plate registration also ensures compliance with state safety and emissions standards.
4. Administrative and revenue functions. The use of license plates also:

• Improves toll collection and parking enforcement
• Allows automated systems to support red light cameras and catch drivers who commit traffic violations
• Use registration fees to cover  use-based road upkeep
• Track vehicles for insurance verification

5. Public Accountability. License plates are also used to:

• Hold drivers accountable for their actions on the road 
• Allow individuals to report unsafe driving or suspicious conduct
• Support hit-and-run investigations 
• Facilitate commercial operations like parking garages and drive-through services

6. Consequences of Driving without License Plates. As mentioned, driving without a license plate is a serious violation in most U.S. states, punishable by fines ranging from $100 to several thousand dollars. Violations add points to the driving record and lead to impoundment. Some jurisdictions impose misdemeanor criminal charges that require mandatory court attendance.
7. Long-term Impacts. It’s important to note that driving without plates has long-lasting consequences, including:

• Higher insurance payments
• Problems with acquiring a future car registration
• The creation of a criminal record
• Additional fines and penalties for regaining driving privileges
• More vigilance by the police during traffic stops

8. Special Conditions and Exceptions. States often provide temporary permits for newly purchased automobiles in addition to the mandatory plate requirement. Plates allow for the use of:

• Transit permits to move autos across states.
• Dealer plates for test drives and car transportation
• Special registrations for collector or vintage vehicles
• The temporary operation of vehicles before a plate replacement

9. Best Practices in Compliance. To prevent license plate difficulties:

• Register your auto quickly upon purchase or relocation to a new state
• Maintain the current registration and renew as needed
• Ensure plates are plainly visible and correctly mounted
• Replace broken or unreadable plates
• Report missing or stolen plates immediately
• Obtain necessary interim permits

Maintaining legal registration and displaying valid license plates should be regarded as a fundamental obligation of car ownership. The possible repercussions of noncompliance, including fines and loss of driving privileges, significantly outweigh any apparent benefits of driving without proper plates.

Other Consequences and Associated Charges

Driving without license plates frequently causes secondary concerns during traffic stops. When police stop a car for missing plates, they may find further offenses or questionable situations. These circumstances often lead to additional charges or investigations.

Investigating DUI

One major fear is the possibility of DUI prosecution. If an officer stops a car for missing plates and feels the driver is intoxicated, they will conduct a DUI investigation. The original plate violation was likely the reason for the stop, which can cause more serious penalties.

Vehicle Searches

Vehicle searches are another possible outcome. The lack of license plates may create concerns about additional unlawful activity, providing authorities with a valid excuse to perform a vehicle search. During such searches, the finding of illicit narcotics, firearms, or other contraband will cause extra criminal penalties.

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Steps to Take After Getting Charged

If you are accused of driving without a license plate, take prompt and proper action. Record every aspect of the occurrence, including the time, location, and circumstances surrounding the stop. Obtain copies of any citations and take detailed notes on remarks the officer makes.

Addressing the underlying issue is critical. If the infraction was caused by missing or stolen plates, submit a police complaint and contact the Department of Motor Vehicles to request replacement plates. If registration difficulties cause the violation, take quick action to amend or renew the registration. Contact a traffic attorney right away for direction and advice.

How Can a Traffic Attorney Help?

Obtaining legal assistance from an experienced traffic attorney may make a big difference in the outcome of a license plate violation case. These lawyers understand the complications of traffic law and may frequently find plausible defenses or mitigating circumstances that can reduce the penalties and fines.

Traffic attorneys offer several essential services in these matters. They work with prosecutors to mitigate charges or fines, particularly for first-time offenders. An attorney can design a thorough defense plan in situations with several infractions or detailed circumstances.

An attorney can also assist in compliance, ensuring all deadlines are fulfilled and correct processes are followed. They may highlight technical defenses relating to the stop or the officer’s probable cause. When administrative mistakes or exceptional circumstances cause the violation, an attorney can successfully explain these facts to the court.

Long-term Implications and Prevention

Driving without license plates has implications beyond the immediate fines. Insurance companies may raise premiums if they hear of such infractions. The offense is recorded on the driver’s record, which may impact future traffic stops and insurance rates.

Prevention is the best way to avoid these problems. Regular car maintenance should involve inspecting and installing license plates. Drivers should keep their registration current and swiftly replace damaged or stolen plates through the appropriate procedures.

Understanding the Registration Requirements

Many states have strict car registration rules tightly related to license plate laws. Again, registration establishes ownership and guarantees that automobiles fulfill state safety and emission regulations. Proper registration requires current insurance coverage and passing the required inspections.

Registration processes require certain documents and costs. Vehicle owners must show evidence of identity, insurance, and ownership. Regular registration renewals help prevent infractions and assure compliance with state regulations.

Special Conditions and Exceptions

Certain circumstances may impact license plate regulations. New automobiles frequently carry temporary plates as they await permanent ones. Dealers must adhere to certain restrictions governing dealer plates and interim registrations. Furthermore, states have provisions for special-purpose cars and vintage autos. This regulation might include the use of state license plates on government autos.

Commercial cars have extra requirements for license plates and registration. These vehicles frequently require unique classifications and must show identifying information other than conventional license plates. If you drive a commercial vehicle, it’s important to understand the legal requirements for operating these vehicles.

The Role of Technology in Enforcement

Modern law enforcement increasingly depends on technology to identify automobiles without valid plates. Automated license plate scanners scan plates and instantaneously compare them to databases of registered cars. This technology makes it more challenging to drive a vehicle without the proper registration and plates.

States employ computerized systems to monitor registration status and plate allocations. These technologies aid in rapidly identifying stolen plates and verifying proper registration during traffic stops.

Impact on Commercial Drivers

Commercial drivers face harsh penalties for license plate infractions, which might jeopardize their Commercial Driver’s License (CDL) status and job prospects. Commercial vehicle operators must strictly adhere to all registration and plating requirements.

Companies that operate commercial cars must guarantee that all vehicles have valid plates and current registrations. Failure to do so may cause hefty fines and a driving suspension.

Recent Legal Developments

States often alter their car and traffic legislation, including license plate requirements. Recent revisions focus on electronic car registration systems and new plate designs. Staying updated about these developments helps drivers remain current and compliant.

Administrative Procedures and Appeals

Drivers charged with license plate offenses have unique administrative rights and processes. States have options for appealing citations or requesting hearings. Understanding these procedures enables drivers to preserve their rights and present their claims successfully.

The appeals procedure often includes deadlines and paperwork requirements. Working with an attorney knowledgeable about these procedures can increase your chances of a successful conclusion.

Community Impact and Safety Concerns

License plates serve as a primary identifier supporting public safety. Law enforcement uses proper vehicle identification to investigate crimes and find stolen automobiles. These criteria make it easier to collect tolls and enforce parking rules and regulations on the roadway.

U.S. jurisdictions highlight the link between accurate vehicle identification and public safety. Understanding this link helps drivers understand the necessity of having the correct registration and plates.

The Future of Vehicle Identification

Emerging technology is being directed toward future license plate regulations. Technology engineers are developing digital license plates and other driver identification methods. States continue to evaluate the new technology while following current identification rules. For now, some developers are addressing privacy concerns regarding locational history.

Driving without a license plate poses substantial dangers and sanctions. Understanding these rules, ensuring correct registration, and swiftly resolving infractions help drivers avoid costly penalties. When violations occur, taking immediate action and contacting a traffic attorney will help you get back on the road legally. Regular compliance with vehicle identification standards increases road safety and the lawful operation of motor vehicles.

Contact a Traffic Lawyer Now

Taking proactive action regarding a license plate and registration violation is imperative. That means contacting a criminal defense attorney right away. The legal professional you choose as your lawyer should have experience in legal matters like yours. By contacting a traffic lawyer, you can stay on top of compliance and reduce any future legal costs.

Contact a traffic attorney if you’ve been pulled over without a license plate. Their skills and experience will help resolve your legal difficulties more easily.

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by Lindsay Bernstein

Driving Without a License

Driving without a valid driver’s license represents a serious violation. You can face significant legal penalties.

Therefore, driving without a license can land you in hot water, affecting your lifestyle, insurance rates, and driving record over time. Behaving in this manner can directly affect personal and professional relationships and how you get around town now and in the future. If you’re facing charges, consulting Clifton traffic ticket lawyer can help you understand your legal options and protect your rights.

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Speak to a Traffic Ticket Lawyer

If you’re caught driving without a license, you need to retain legal help immediately. Working with a traffic ticket lawyer can reduce the stress associated with this violation.

Penalties and Consequences – Examples

Driving without a license carries severe consequences. For example, in New Jersey, first-time offenders risk up to a $500 fine and up to 60 days in jail. Additionally, the court may order a six-month delay in receiving your license.

The penalty for a second or subsequent crime is even harsher. Repeat offenders risk identical financial fines and mandatory incarceration of one to five days. The court may also extend any current license suspension, making it harder to obtain a license in the future.

Like New Jersey, New York has a harsh attitude toward unlicensed driving, although its sanctions differ. The punishments for driving without a license in New York carry a minimum penalty of $200 to $500 in fines and/or up to 30 days in jail.

In addition, the state’s legal system complicates matters by addressing Aggravated Unlicensed Operation (AUO) charges.

AUO charges in New York are classified into three levels, each carrying progressively harsher penalties.

• Third-degree AUO, the least serious offense, is often charged when someone drives while their license is suspended or revoked. 
• Second-degree AUO refers to more serious situations, such as several suspensions or a suspension due to drunk driving. 
• First-degree AUO, the most serious penalty, sometimes involves a DUI charge on top of a driving license suspension for a previous DUI arrest.

The Role of Vehicle Weight. An often overlooked aspect that can influence fines is the weight of the vehicle being driven. Therefore, commercial vehicle operators face stiffer penalties. Because the state realizes the heightened risk presented by larger vehicles driven by unlicensed drivers, it will increase the fines and jail time.

Aggravating Factors

When an unlicensed driver collides, things get even trickier. Depending on the severity of the accident and the injuries or property damage, the legal repercussions may go beyond conventional fines. Therefore, you may get sued or possibly face criminal prosecution.

Wherever you live, driving without a license is a violation the courts take seriously. This fact makes it imperative that you work with a traffic attorney.

Why You Should Work with a Lawyer

Working with a traffic lawyer who is experienced in license-related violations gives you significant advantages:

Experience in Local Traffic Rules

Traffic attorneys know and understand state-specific traffic rules and regulations. They are familiar with the rules of the traffic courts and can successfully deal with the legal details.

Case Evaluation and Strategy Development

A traffic lawyer reviews your case to identify the possible defenses and figure out how to reduce fines. They may find procedural errors, question the evidence, or strike a resolution with the prosecutor to reduce charges.

Understanding the Collateral Ramifications

Aside from the immediate penalty, driving without a license can have long-term ramifications for employment, insurance premiums, and future licensing chances. Traffic attorneys can provide guidance on these consequences and seek to mitigate their impact.

Negotiation Skills

A lawyer can settle many cases through negotiations with prosecutors. Traffic lawyers frequently develop professional ties with court workers and prosecutors, which can lead to more advantageous plea deals or alternative outcomes.

Fighting the Charges: Legal Strategies and Defenses

Depending on the circumstances, there are several viable defenses to allegations of driving without a license:

Lack of Knowledge

In some situations, particularly those involving suspended licenses, defendants may not have been given adequate notice of their suspension. This reason can be an acceptable defense, especially if the document copies lack notice.

Emergency Situations

A judge may show leniency when driving occurs during an emergency. However, you must justify the violation with a well-documented and genuine emergency.

Administrative Mistakes

Administrative errors can lead to suspensions or revocations. Carefully evaluating your driving record and supporting documents may identify faults your attorney can address.

Technical Defenses

Issues with traffic stops, such as a lack of probable cause or incorrect police procedure, may be grounds for contesting the accusations.

Steps to Take After Getting Charged

If you are accused of driving without a license, immediate action can significantly affect the outcome of your case.

Document Everything

Record all incident data, like time, location, and circumstances. Keep any pertinent paperwork, such as communications regarding your licensing status.

Avoid Committing Offenses

While your case is underway, follow all traffic regulations and avoid driving without valid authorization since any offenses might worsen your legal difficulties.

Gather Supporting Information

Gather any papers that may aid your case, such as evidence of identification, domicile, and any paperwork about your license status or efforts to get a license.

Contact a Traffic Lawyer

Get legal help as quickly as possible. Early action by an attorney can cause better outcomes.

Long-term Implications and Considerations

A conviction for unlicensed driving, as noted, has far-reaching consequences.

Insurance Implications

Drivers with unlicensed operation convictions may face considerable rate increases, or their insurance company may deny them coverage.

Employment Consequence

Many occupations require a valid driver’s license, and a conviction for driving without one might limit a person’s career chances.

Future Licensing

A conviction might make it more challenging to receive a license in the future, potentially resulting in longer waiting periods before becoming eligible.

Interstate Considerations

Violations in one state impact driving privileges in others. For example, if you’re cited in New Jersey but live in New York, you’ll need a traffic ticket lawyer familiar with state information-sharing agreements.

Prevention and Compliance

The most effective strategy to prevent fines for driving without a license is to maintain appropriate licensing and compliance:

Regular License Renewal

Track your license’s expiration date and renew it in advance.

Address Updates

Keep your address information up to date with the Department of Motor Vehicles to guarantee you get vital notifications.

Understanding Restrictions

Be aware of any limitations on your license and thoroughly follow them.

Alternative Transportation

If you cannot drive lawfully, plan for alternative transportation rather than risk operating without a license.

Restoration Process

For individuals looking to regain their driving privileges:

• Apparent outstanding issues: Address any underlying causes of a license suspension or revocation, such as unpaid fines or required courses.
• Follow Procedures: Follow all administrative procedures for license restoration, such as paying restoration fees and completing required documents.
• Seek Legal Advice: Consult a traffic attorney to help manage the restoration procedure, especially if you have issues or several offenses.

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How Can a Lawyer Help with Driving Without a License Charge?

A traffic lawyer is helpful when dealing with allegations of driving without a license. Below is a detailed explanation of how legal assistance might help handle your predicament and reduce the repercussions.

Immediate Case Analysis and Strategy Development

When you initially meet with a traffic lawyer, they will thoroughly review your case. The case review involves assessing the facts behind your arrest, investigating past infractions, and finding appropriate defenses. Your lawyer will research factors that might affect your case. A lawyer will check if the police followed the correct processes during the traffic stop or if there were any administrative issues with your license status.

The lawyer will also determine your eligibility for special programs or alternatives. Some jurisdictions provide programs for first-time offenders. The program may also extend to individuals trying to obtain the proper licensure. Your lawyer can tell you if you’re qualified for these programs and walk you through the application process.

Representation in Court Proceedings

One of the most important ways a lawyer can help is by representing you in court. Court proceedings may be intimidating for individuals unaware of their rights or the legal procedures involved.

Your attorney will:

• Present your case successfully to the judge, emphasizing mitigating factors or reasons for your situation.
• Challenge any procedural flaws or contradictions in the evidence used against you.
• Negotiate with prosecutors about potentially lowering charges or fines.
• Ensure that all documentation is submitted correctly and on time.
• Advocate for alternative sentencing or programs that may be available in your jurisdiction.

License Restoration Assistance

If your license has been suspended or revoked, a lawyer can help successfully restore your license. This process frequently includes:

• Reviewing your driving record to uncover any lingering concerns that a lawyer needs to address
• Creating a checklist of prerequisites for license restoration
• Assisting you in gathering the essential documents and proof
• Representing you at restoration hearings, if necessary
• Assisting with paperwork and ensuring the correct filing of all papers 
• Coordinating with the Department of Motor Vehicles to ensure compliance and status

Negotiating Better Results

Experienced traffic lawyers can use their knowledge of the local courts to negotiate:

• Reduced fees or penalties
• Payment arrangements for fines and fees
• Alternative sentence choices
• Deferred prosecution agreements or pre-trial diversion programs (PTDs)
• Conditional dismissal after you meet specific criteria 

Resolving Several Issues

Driving without a license is not always an isolated issue. Your lawyer can assist in resolving connected topics such as:

• Outstanding tickets or warrants
• Insurance concerns
• Noncompliance with registration requirements
• Other driving offenses that might have occurred at the same time
• Implications for commercial driver’s licenses (CDLs)

Administrative Advocacy

Your attorney can also assist with the administrative parts of your case by:

• Communicating with the Department of Motor Vehicles on your behalf
• Ensuring the correct filing of documents
• Tracking deadlines and requirements
• Addressing inaccuracies in your driving record
• If required, coordinating between multiple jurisdictions

Long-Term Protection of Your Rights

A lawyer can help safeguard your long-term interests by:

• Advising you on how to avoid future offenses
• Explaining the ramifications of various plea alternatives
• Helping you understand how a resolution may affect your insurance premiums
• Advising on potential job ramifications
• Protecting your rights throughout the legal process

Emergency and Special Circumstances

A traffic ticket attorney can handle unique circumstances surrounding your case, such as

• A medical emergency
• Family emergencies
• Employment-related situations
• Natural calamities
• Vehicle mechanical breakdowns

A lawyer will successfully convey these factors in court and advocate for mercy or special treatment.

Insurance and Civil Liability Protection

If your unlicensed driving led to an accident, a lawyer can help:

• Coordinate with the insurance companies
• Protect you from civil responsibility wherever feasible
• Negotiate settlements, if necessary
• Consult on prospective personal injury claims

Future Prevention and Compliance

A qualified traffic lawyer can also prevent future problems by:

• Explaining the criteria for keeping a valid license
• Advising on adequate paperwork and record-keeping
• Providing recommendations for future traffic stops
• Providing resources for continuous compliance

Cost-Benefit Analysis – How a Lawyer Helps You Save Money

While employing a lawyer incurs expenses, they may frequently save you money in the long run by:

• Lowering or eliminating fines and penalties
• Preventing future infractions and the related expenses
• Reducing insurance premiums increases
• Protecting your job opportunities
• Avoiding expensive blunders throughout the legal process

Interstate Considerations

If your offense spans many states, a lawyer can assist by:

• Coordinating between jurisdictions
• Understanding and handling interstate compact agreements
• Reviewing out-of-state licensing issues
• Ensuring compliance across state boundaries

A lawyer can frequently accomplish outcomes you can’t attain independently, making their assistance critical in addressing driving without a driver’s license.

When faced with allegations of unlicensed driving, skilled legal representation is vital due to the complications of traffic regulations and the possibility of harsh penalties. An experienced traffic attorney can help you understand the legal system for better results.

Talk to a Traffic Ticket Lawyer Now

While proper licensing and compliance are the best ways to avoid problems, you should still seek help from a traffic ticket lawyer if you’re charged with driving unlicensed. Call a criminal defense attorney now if you face a suspended license charge.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Drivers of These Cars Get the Most Speeding Tickets

Researchers, insurance companies, and police often wonder how a person’s choice of vehicle and driving habits connect. Recent data shows surprising trends for vehicles – commonly involved in speeding offenses, providing insights into the cars and the people who choose them.

When you look at the following data, regard the information from a broader scope rather than absolute measures. Individual driving habits, area enforcement patterns, and other factors influence citation rates for a car make or driver.

Insurance company data from the digital business Insurify tells an intriguing tale about speed, style, and driver demographics that goes beyond mere chance. Interestingly, the data below shows that people feel more inclined to speed in foreign vehicles than their US counterparts. The Chevrolet Cruze Limited tops the US makes and models citation list at 17.9 percent.

If you receive a speeding ticket, you may have options to fight it. Contact a traffic ticket attorney to discuss your case and explore potential defenses.

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Speak to a Traffic Ticket Attorney If You Get a Speeding Ticket

Sometimes, drivers get cited for speeding and believe the ticket was a mistake. If this happens to you, it pays to have a traffic ticket lawyer on your side. Using legal services is a cost-effective way to deter major expenses down the road.

An Electric Vehicle that Surpasses Speed Limits – The BMW i3

The BMW i3 leads the list of electric vehicles, with 17.6 percent of drivers obtaining speeding tickets regularly.

This figure defies the widely held belief that electric car owners are primarily concerned with efficiency and environmental effects.

The i3’s quick torque delivery and clever engineering may encourage a driver to exceed the speed limit. However, it also passes crash tests for safety, so a driver may not think that driving fast in the car is that reckless or harmful.

The Audi S4

The Audi S4 follows closely behind, with 14.6 percent of its drivers obtaining speeding penalties. With its powerful turbocharged engine and Quattro all-wheel-drive system, this high-performance luxury car promotes driver oversights regarding safety.

The vehicle’s sophisticated look may also cause some drivers to underestimate their speed, resulting in more frequent penalties.

The Toyota 86 Sports Car (Formerly the Scion FR-S)

The Scion FR-S (now known as the Toyota 86) ranks third, with 13.7 percent of drivers receiving speeding citations. Toyota and Subaru collaborated to create this lightweight sports vehicle while keeping handling and driver involvement in mind.

The car’s low price makes it especially appealing to younger drivers, who are likelier to test the auto’s performance.

The Subaru WRX

The Subaru WRX, with 13.6 percent of drivers earning fines, has long been known to attract speed aficionados.

Its rally-inspired background, turbocharged engine, and all-wheel-drive system combine to produce a perfect storm of performance potential—a lure that some drivers can’t pass up. The WRX’s comparatively low price makes it popular among younger drivers who are more prone to driving fast.

The Hyundai Genesis Coupe and Kia Stinger

The Hyundai Genesis Coupe and Kia Stinger are tied at 13.4 percent, indicating the Korean automakers’ successful entry into the car market’s performance sector.

The vehicle’s performance entices drivers who seek handling and speed in a lower-priced auto.

The Volkswagen Golf GTI

The Volkswagen Golf GTI, with 11.1 percent of its drivers receiving fines, completes this comprehensive assessment of speed-friendly automobiles.

This hatch-designed vehicle has long been regarded as the standard for practical performance, providing a good blend of everyday use and sporty potential.

However, this adaptability may cause some drivers to underestimate the car’s performance in regular driving scenarios.

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Driver Profiles and Contributing Factors

To understand why certain cars receive more speeding fines, examine the characteristics and activities of their usual drivers. Several factors become apparent when you review the data.

Age and Experience

Younger drivers, particularly those under 30, are statistically more likely to obtain speeding penalties, regardless of vehicle type. When these demographics coincide with the ownership of performance-oriented automobiles, the chance of getting a citation rises dramatically. Many vehicles on our list, such as the Subaru WRX and Scion FR-S, are popular among younger consumers owing to their performance capabilities and low cost.

Income and Risk Tolerance

Interestingly, speeding tickets correspond to both extremes of the wealth range. Luxury car owners, like those driving the Audi S4, may see speeding penalties as a minor financial issue, leading to more aggressive driving practices.

On the other hand, younger drivers of cheaper-performance cars may be more ready to risk a citation for the thrill of speed, even if the financial consequences are more significant.

Performance Expectations

Drivers who intentionally select automobiles recognized for their performance characteristics frequently have differing expectations about driving dynamics and speed. These assumptions can increase the risk of violating stated limits, especially in cars that make high-speed driving appear deceptively pleasant and controlled.

Social and Safety Factors

Car culture and peer influence significantly impact driving behavior. Certain automobiles, like the Subaru WRX and Volkswagen Golf GTI, have active enthusiast groups that may unintentionally promote more aggressive driving practices. Also, cars like the Volkswagen Golf GTI regularly pass safety crash tests.

Social media posts and auto clubs, therefore, promote the idea of glamor and speed. This social behavior makes speeding a more acceptable practice.

The Psychology Of Speed

The link between automobile choice and speeding behavior frequently reflects a psychological problem. This issue arises when the driver reinforces their connection to the car’s performance capabilities and potential.

Vehicle design is key in this dynamic. Modern performance vehicles are increasingly capable of high-speed driving while remaining comfortable and stable, perhaps desensitizing drivers to their own safety. Features like sound insulation, sophisticated suspension systems, and aerodynamic efficiency may make high-speed driving feel more normal.

Manufacturer Marketing and Image

Automakers frequently sell their performance models using images and wording that stress speed, power, and driving enjoyment. While the ads carry legal disclaimers, this marketing approach also sets expectations and connections that impact driving behavior. The “halo effect” of racing involvement and performance legacy can amplify these trends.

Speeding: The Impact on Insurance and The Cost of Ownership

Speeding reflects what you may pay in insurance and the expenses of owning a car. Insurance companies figure in car citation rates when calculating premiums. If you own a vehicle with a higher ticketing rate, you’ll usually pay more for insurance, independent of driving history.

Mitigating Factors and Responsible Vehicle Ownership

While some automobiles are more prone to citations, responsible ownership is still feasible, provided you drive conscientiously and understand a vehicle’s capabilities. Modern driver assistance systems can help drivers maintain legal speeds and avoid tickets when appropriately used.

Reducing Speed – What the Future Technology Holds

As car technology advances, especially with the introduction of electric vehicles and driver assistance systems, the link between vehicle choice and speeding behavior may shift. However, the underlying connection between driver psychology, vehicle capabilities, and driving behavior will likely continue.

Vehicle selection remains only one component of the effect on driving behavior, which includes personal responsibility, driving circumstances, and enforcement practices.

Fight a Traffic Ticket You Think Is Unfair – Call a Traffic Ticket Attorney to Help

You can fight a speeding ticket you believe is unfair by hiring a criminal defense lawyer. Learn more about your rights today. Contact a ticket traffic lawyer now.

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by Lindsay Bernstein

Can a Dashcam Save NJ Drivers From Unjustified Cell Phone Tickets?

A dash camera installed in your car might mean the difference between paying significant traffic penalties and defending yourself against an unfair ticket.

As distracted driving enforcement increases across the Garden State, more drivers face stiff fines for alleged mobile phone use on the roadway. However, video footage from an adequately fitted dashcam can provide the critical data needed for contesting unjustified tickets.

If you received a cell phone ticket, immediately consult a traffic ticket attorney in Clifton for assistance.

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The Financial Impact of Cell Phone Tickets in New Jersey

New Jersey takes distracted driving seriously, with fines beginning at $200 for a first offense and increasing to $400 for a second infraction and $600 for third and subsequent violations.

Aside from the immediate cash penalty, having a mobile phone ticket can add 3 points to your driving record and cause higher insurance rates, costing thousands of dollars over time. You might even get your license suspended for 90 days.

Dashcam Evidence – The Benefits

The primary benefits of dashcam evidence include:

• Interior Recording Capabilities. Many dashcams now have infrared interior footage. This footage shows your hands on the steering wheel and indicates you were not holding or operating a phone when pulled over. Choose models with high-resolution cabin cameras and night vision capabilities for a clear recording.
• Continuous Recording. Most dashcams start recording when you start your car, allowing you to gather evidence of a traffic stop or a police encounter. Some versions can record in parking mode when your vehicle is motionless.
• GPS Integration. Dashcams with GPS capture your precise speed, position, and route. This data may be beneficial for disputing speeding tickets or other moving infractions since it gives independently verified evidence of your speed and driving habits.
• Proper Installation for Maximum Protection. A dealer should install your dashcam for the evidential value of your dashcam footage. A camera installer should set up the camera in a location that allows for clear views. Also, if applicable, the dashcam dealer should place the device in an area that does not breach state commercial windshield obstruction laws.
• Optimal Mounting Location. The best placement is usually behind the rearview mirror, where the camera can catch the road ahead and your motions inside the vehicle without causing a blind spot or distraction. Ensure all cabling is securely fastened and covered to retain a professional look and avoid interference with car controls.
• Power Supply Considerations. While many vehicles’ 12V outlets power dashcams, a professional hardwiring installation delivers more dependable operations and a cleaner appearance. This electrical installation lets you record in parking mode without exhausting your car’s battery.

Using Dashcam Evidence in Court

When disputing a traffic ticket in New Jersey, dashcam footage can offer persuasive evidence, but using it requires appropriate preparation and presentation.

Preserving Evidence

Once you receive a ticket, store and back up the pertinent footage. Most dashcams let you lock specific recordings to prevent you from overwriting them. You can download the footage to a secure site and make several copies.

Proper Documentation

Keep thorough records of your dashcam installation, including invoices, technical specs, and expert installation paperwork. It will help prove your recording system’s dependability and accuracy in court.

Presenting Video Evidence

Before your court date, ensure your film is in a format that the judge can readily watch. Many courts now accept digital evidence. The evidence must support local laws and provide access to DVDs and digital technology. Some dashcams feature software that synchronizes GPS data with video footage, offering a complete picture of what happened.

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Additional Benefits Besides Traffic Ticket Testimony

While fighting citations is a significant motivator for many drivers to install dashcams, these devices provide other benefits as well:

• Insurance Claim Protection. In an accident, dashcam film can conclusively demonstrate blame and accelerate insurance claims. Many insurance firms now give premium discounts to vehicles outfitted with dashcams, recognizing their importance in decreasing fraudulent claims.
• Protection From Fraud. Dashcams can help avoid traffic fraud, such as staged collisions and bogus claims of damage or injuries. Constant recording creates an objective record of any occurrence.

Choosing the Right Dashboard Camera

When choosing a dashcam for legal protection, consider the following features:

Video Quality

Choose a device that can record at least 1080p quality and perform well in low light. Higher resolution gives more information on license plates, road signs, and other critical features that may be required as proof.

Storage Capacity

Selecting models that enable high-capacity memory cards and effective video compression can maximize recording times. Some sophisticated versions have cloud storage options for automated backups of key footage.

Additional Features

Motion detection, impact sensors, and Wi-Fi connectivity can also support the camera’s operation. Some versions may immediately transfer film to your phone or cloud storage if an accident or odd incident occurs.

Legal Considerations for Dashcam Use in New Jersey

While the law allows the use of dashcams in New Jersey, you still need to consider:

Mounting Restrictions

New Jersey law prohibits windshield-mounted gadgets that might block the driver’s vision. The dashcam dealer should install the dashcam in a safe area behind the rearview mirror or the top middle part of the windshield.

In New Jersey, audio recording requires a one-party agreement. Therefore, you must inform passengers that your dashcam may capture audio inside the car. Many dashcams allow you to mute the audio recording if desired.

Cost-Benefit Analysis

While excellent dashcams typically cost between $100 and $400, this investment may rapidly pay for itself by preventing even one unnecessary penalty. Consider, again, how much a single cell phone ticket in New Jersey may cost.

Take a quick look:

• First offense: $200 to $400 in fines
• Second offense: $400 to $600 in fines
• Third or subsequent offenses: $600 to $800 in fines
• Increases in insurance premiums of thousands of dollars over several years
• Points for License: This may impact insurance premiums and employment chances.

When considering probable insurance premium hikes and the likelihood of repeated infractions, the expense of a dashcam pales compared to the financial effect of unwarranted penalties.

Speak to a Traffic Ticket Lawyer Now

As New Jersey enforces rigid distracted driving rules, having objective video proof of your driving activity becomes increasingly important. A correctly equipped dashcam can provide the evidence to fight unwarranted penalties.

Fighting can be cost-effective, saving you thousands of dollars in fines and higher insurance rates. Retaining the services of a traffic ticket attorney can help you stay in control financially over time. Contact a criminal defense lawyer in Clifton now.

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by Lindsay Bernstein

Drivers Can Withdraw Guilty Pleas: Here’s How

You can withdraw a guilty plea for a traffic conviction, provided you did not understand the penalty, or you faced a traffic situation that did not warrant a guilty plea. For instance, if you had to speed up to avoid a wreck, you shouldn’t be penalized for driving over the posted speed. contact a seasoned traffic ticket lawyer in your area for legal assistance.

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Why You Should Contact a Traffic Ticket Attorney

If you wish to withdraw a guilty plea for a traffic violation, contact a traffic ticket lawyer to ensure better results. A lawyer can file a motion to vacate your guilty plea. Remember that some states, like New York, won’t allow you to file this motion if the plea is over a year old.

However, you can avoid the penalty if your traffic ticket lawyer is local and is familiar with the courts.

Any legal support you get can ensure you better understand driver’s rights and what consequences you may experience if you plead guilty or not for violating a traffic law.

A motion to withdraw a guilty plea in New Jersey is known as a “Slater motion.” The court considers several criteria when granting a motion to withdraw this type of plea. 

The court may ask the following questions:

• Does the withdrawal unfairly benefit the accused?
• Wil it prejudice the state?

The court considers a standard based on the interest of justice before they sentence an individual for a traffic violation or grant a motion to vacate a plea. Therefore, you must show a good reason for changing your plea as a defendant. You simply can’t change your mind.

Examples of Incidents or Situations When a Citation or Ticket Might Be a Mistake

Defective Speed Radar or Camera

The police use speed cameras or radar guns to catch speeding vehicles. However, the equipment malfunctions from time to time. When the devices don’t work, it may be due to inaccurate calibration, environmental factors, or normal wear and tear.

To support the motion to vacate, an attorney can request the maintenance records for a speed camera or radar gun. The records might confirm the device needed calibration or had recently malfunctioned. If there are discrepancies along these lines, you can withdraw a plea of guilty.

Faulty Traffic Light

Sometimes, a traffic light will not operate correctly. For instance, it may show conflicting signals or switch to red too quickly.

You can withdraw the guilty plea if you plead guilty because of a malfunction where you ran a red light. You can support your case by seeking proof through eyewitness accounts or camera footage.

Obstructed or Damaged Stop Sign

Sometimes, an overgrown bush may hide a stop sign, so you might not notice it. You can file a motion to withdraw a guilty plea by showing that the sign was obscured or damaged.

Mistaken Identity

You can claim mistaken identity if someone else was driving your vehicle and got caught speeding. This situation may arise if people share vehicles. To withdraw a plea of guilty, you need corroborative evidence or provide proof or an alibi that you were not driving at the time of the violation.

Emergencies

If you were pulled over during an emergency – over-speeding or running a red light, you’d need to show proof that you had to rush to a hospital, for instance, to seek medical help.

You may also have grounds to withdraw a guilty plea if you had to swerve at a high speed to avoid hitting a pedestrian or striking a cyclist who veered in front of your car.

Lack of Proper Notice

Your traffic ticket or court summons might not have reached you within a reasonable time frame.

Or, the details of a traffic ticket may be incorrect. If a ticket has obvious mistakes, such as the wrong date, time, or location of the alleged offense, removing a guilty plea becomes justified.

New Evidence

Your dash cam can also show you’re not guilty of a moving violation.

Unavoidable Circumstances

Maybe your brakes failed, causing you to run a red light. If this is the case, you can withdraw a guilty plea.

Lack of Knowledge

In some cases, local traffic laws may have changed without being widely communicated to the public. Here’s another instance where you might wish to withdraw a guilty plea.

Also, temporary changes in traffic patterns because of construction can lead to confusion. You might argue that a guilty plea is wrong if the changes are not marked.

Misunderstanding or Coercion

If you felt pressure to submit a guilty plea and didn’t fully understand the consequences of a conviction, you might want to withdraw the plea. There may have been a language barrier if English was not a first language.

The Process of Withdrawing a Guilty Plea: Why You Should Consult with a Traffic Ticket Lawyer Today

Timing

In many jurisdictions, there is a limited time frame following a guilty plea in which one can apply to withdraw the plea. Depending on the local law, this period varies greatly, from just days to even months. A traffic ticket attorney can walk you through the process besides offering valuable advice.

Motion to Withdraw

A formal motion will usually be necessary to have a plea withdrawn. It will state why you want the plea withdrawn and include supporting evidence.

Burden of Proof

You must show why you need to withdraw your guilty plea. You must show that there is a good cause for a withdrawal and that allowing your motion is in the best interest of justice.

Hearing

On filing an application to withdraw, the court may set a date for a hearing at the same time. Your attorney will present the reasons and evidence why the plea shouldn’t stand.

The Judge’s Decision

The judge will evaluate all sides of the issue and any other factors relating to the case at hand. The judge will then determine whether to grant the withdrawal.

Possible Outcomes

If the court grants your motion, your case will usually revert to its status quo ante. At this point, you’ll usually plead not guilty and possibly proceed to trial.

If the court denies the motion, your initial admission of guilt remains in effect.

Contact a Traffic Ticket Attorney Today

Because withdrawing a guilty plea can be confusing, you should hire an attorney who deals with traffic tickets or criminal defense cases regularly. A traffic ticket attorney understands the legal processes to handle your case successfully. Contact a New York State criminal defense attorney now if you’ve received a traffic ticket for a violation you believe is unfounded or didn’t commit.

by Lindsay Bernstein

Does My Traffic Ticket Violate My Probation or Parole?

Getting a traffic ticket can violate your probation or parole. For example, a speeding ticket or a criminal activity charge while on probation in New Jersey can also violate your sentence.

Probation conditions in New York include avoiding arrest and reporting to your probation officer regularly. Contact a New Jersey traffic ticket attorney if you received a ticket.

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The Difference Between Probation and Parole

Probation and parole are two kinds of supervised release used in the criminal justice system. However, they have distinctive differences: probation serves as a form of “incarceration,” whereas parole follows the completion of a prison term.

While a judge decides on probation, a prison release board is in charge of imposing parole. Probation is community-based supervision, while parolees reintegrate into the community after prison.

Typically, the length of parole corresponds to the remaining portion of a jail sentence, while the court can vary the term served for probation, depending on the facts of a criminal case. Due to some criminal convictions, parole conditions may be more stringent.

If you break the rules of your parole, it can extend your incarceration. Therefore, breaking probation can lead to a jail or prison term. Either system aims to reduce recidivism while giving a person some freedom.

How a Speeding Ticket Can Affect Your Probation or Parole

Let’s say you received a speeding ticket or a ticket for another moving violation. What can happen as a result?

How a ticket affects the terms of probation or parole can vary. The following criteria can determine the outcome.

• The seriousness of the violation. A minor traffic offense like overspeeding may have lesser implications than an offense relating to careless driving, which is generally considered more serious.
• Specific conditions of probation/parole. It is not uncommon for many people’s probation and parole orders to contain clauses such as “obey all laws” – specifically prohibiting traffic violations.
• Discretion by the supervising officer. Minor offenses committed by anyone under community corrections supervision are subject to the discretion of his/her parole or probation officer.
  Prior record and behavior. If it’s your first traffic violation, authorities will view it with more leniency than if you have a history of careless driving.
• Mandatory reporting. You should contact your parole or probation officer about your traffic ticket immediately.
  

While one isolated incident might not change things dramatically, it can complicate matters, increasing the scrutiny of your specific case. As a result, speeding might not impact your sentence as badly as a citation for reckless driving. The results can vary based on where you live, the individual judge or release board, and the nature of your case.

Even slight infringements can have serious ramifications when you are on probation or parole. Among other things, moving violations can endanger your freedom and make rehabilitation difficult.

Anyone on supervised release must understand how various traffic offenses may affect their status and the best way to deal with the situation.

Moving Violations Can Add More than Just Points to Your Driving Record

Consider a familiar situation: tailgating. Although this may seem trivial for most drivers who are not under supervision, it can be a big issue for people serving parole or probation.

Running a red light is considered another serious violation. This offense can represent a serious breach of trust for someone on probation or parole. Your supervising officer might question your commitment to rehabilitation and your ability to make sound decisions. This can sometimes lead to stricter conditions, more frequent check-ins, or even a return to custody.

Perhaps the most alarming scenario for someone on supervised release is speeding in a school or work zone, as these populations are vulnerable. Therefore, follow traffic laws when driving and always respect this privilege.

For instance, if you tailgate in New York, you’ll accumulate 4 points on your driving record. Running a red light can result in the addition of 3 points. If you accumulate 11 points in 18 months, you’ll receive a one-month driver’s license suspension.

This can easily occur if you speed in a school or work zone. Going over 41 miles per hour in either of these zones leads to an 11-point penalty to your license. Just from this act alone, you can lose your driving privileges.

Learn More About Your Rights by Speaking to a Traffic Ticket Attorney or a Criminal Defense Lawyer Today

Traffic offenses are more serious for individuals under supervision, as this situation is more fragile. Here’s how a traffic ticket attorney or criminal defense lawyer can help if you’re in a supervised release program and get pulled over and ticketed.

• Understanding the implications:

Given your probation or parole, a traffic ticket attorney can disclose the potential consequences of your moving violation. They can assess how the violation might impact your supervision status and what other penalties you may face beyond ordinary fines or points on your license.

• Evaluating the ticket:

To contest the violation, an experienced lawyer will scrutinize every detail of your ticket – paying special attention to errors or inconsistencies they may discover. They may review the citation’s accuracy, the officer’s behavior, and any circumstances that can reduce the penalty.

• Developing a defense strategy:

A motor vehicle lawyer may develop a tailored defense plan based on your case’s specifics. This might entail questioning the validity of speed detection devices, challenging the evidence, or presenting mitigating circumstances that can influence the court’s decision.

• Negotiating with prosecutors:

One of the most valuable services that traffic ticket attorneys provide is negotiation. They can bargain with prosecutors to get better terms than those normally given by the courts to offenders. This allows them to:

1. Reduce the charges to a less severe violation
2. Arrange for alternative sentencing options
3. Negotiate a plea deal that minimizes the impact on your probation or parole status

• Representing you in court:

Your lawyer can secure the best possible result by effectively presenting your case, cross-examining the witnesses, and arguing for you in court.

• Minimizing the impact on your probation or parole:

One of the major aims of your lawyer involved in your criminal defense is to reduce the effect of the traffic violation on your supervision status. They may:

• Argue for leniency based on your compliance record
• Present evidence of your efforts to follow probation or parole conditions
• Negotiate alternatives to probation or parole violations
• Advising on reporting requirements:

It is also important to remember that an attorney can provide important advice concerning when and how an offender should tell his/her parole officer about his/her traffic ticket or traffic violation.

• Administrative options to consider:

In some circumstances, your lawyer will probably advise you to seek administrative remedies, such as the following:

• Attending driver’s school for point avoidance on your driving record
• Requesting a restricted-use license to hold onto a job
• Finding other ways of doing community service instead of paying fines or serving other penalties.
• Dealing with possible probation and parole violations:

If the traffic case leads to probation or parole infringement charges, your attorney can represent you in these proceedings. They may:

• Help get you ready for a traffic review or probation/parole hearing 
• Present proof that shows you have been obeying all rules and are making progress
• Defend against any move to cancel parole or probation.
• Minimizing long-term consequences

A criminal defense attorney can help reduce the long-term effect of a traffic violation on your criminal record, an important consideration for those on probation or parole. This might include:

• Make sure the charge does not end up permanently on your criminal record
• Inform you about dealing with the additional violations  when looking for employment or housing
• Guidance about insurance implications:

Traffic convictions often cause car insurance rates to rise. A traffic ticket attorney can guide you on dealing with potential increases and identify how affordable coverage can be maintained.

• Support and counsel throughout the process:

A traffic ticket attorney or criminal defense lawyer is available during this process, offering guidance and support services depending on case specifics. They will answer questions and keep you apprised of anything new relating to legal proceedings while making sure you avoid further violations while under supervision.

• Coordination with the supervising officer – or probationary officer, or parole officer:

Sometimes, an attorney and a client’s probationary officer may communicate about a traffic citation or ticket. Communication is very important, as it shows your willingness to solve the problem honestly.

• Transportation options include:

Suppose the violation risks your driving privileges, such as maintaining employment or attending required programs. In that case, your attorney can explore transportation alternatives with you that will fulfill the probation or parole requirement.

• Providing a perspective and emotional support:

Being charged with a traffic violation while on probation or parole can be extremely stressful. A seasoned lawyer can give you another perspective on your case so you know your options.

In summary, an attorney skilled in traffic tickets is invaluable if you are on probation or parole and get a moving violation. Their knowledge will help guide you through all legal complexities, limit any negative impact on your supervision status, and ultimately contribute towards achieving more desirable results.

Contact a Traffic Ticket Attorney If You’ve Received a Ticket and Are Currently on Probation or Parole

If you’re on probation or parole and you’ve received a traffic ticket, you need a traffic lawyer’s support. Contact a criminal defense lawyer now to improve the outcome if you want to know how to deal with a traffic matter or have received a traffic citation or ticket.

by Lindsay Bernstein

Does Shoplifting Stay on Your Record?

While some people don’t think shoplifting is that serious, it can drastically impact your life – your choices and opportunities. That’s why you should speak with a Wantagh, NY, shoplifting defense lawyer who handles these cases if you face criminal charges.

For example, a shoplifting conviction in New York and New Jersey has serious repercussions.

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Getting Charged for Shoplifting in New York

In New York, petit larceny is a class A misdemeanor. This charge can land you in jail for a year when you steal $1,000 or fewer items.

You can have your record sealed, but you’ll have to wait ten years, according to CPL 160.59 legislation. Again, you can’t get charged for shoplifting and forgo seeking the help of a shoplifting attorney. A lawyer’s help is critical to realize a better outcome.

New Jersey Shoplifting Legislation

If you live and shoplift in New Jersey, a shoplifting conviction usually stays on your criminal record for life unless you take steps to remove it. You can delete the conviction, provided you meet certain requirements. These mandates include:

• Waiting for a specific time*
• Paying restitution or fines
• Avoiding arrest
• Completing a pre-trial intervention program (PTI)

Again, you can’t delete a record or defend a shoplifting charge without seeking legal help. In New Jersey, the waiting period depends on the offense.

*You’ll need to wait five years to apply for expungement if you’re indicted and convicted for a disorderly person’s offense or take items valued at $200 or less, and six years for an offense where you stole $200 or more in merchandise. Expungement processes can be complicated, so legal intervention is necessary.

Punishments for Shoplifting in New York

As noted, taking up to $1,000 in products, known as petit larceny, is a class A misdemeanor—a charge that may lead to one year in jail, fines up to $1,000, and probation. If you steal over $1,000, the charge is stepped up to grand larceny, considered a felony. Depending on the amount stolen, the felony gets classified as a third-degree, second-degree, or first-degree felony. Here’s how the punishment breaks down.

• $3,00 to $50,000 – Grand larceny in the third degree. You may face up to seven years in prison and large fines.
• $50,0000 to $1,000,000 – Grand larceny in the second degree (a Class C felony). This charge can lead to 15 years in prison along with large fines.
• Over $1,000,000 – Grand theft in the first degree (class B felony) – a charge that can lead to 25 years in prison and hefty fines.

Besides criminal charges, you might also be subject to a civil lawsuit from the merchant to recover damages. If the stolen items are not resellable, a store owner can seek the retail value of the products, up to $1,500.

Punishments for New Jersey Shoplifting Charges

If you face shoplifting charges in New Jersey, the charges fall under four categories, depending on the value of the goods stolen:

Below are the charges and punishments:

• Up to $200 – Disorderly Person’s Offense – up to six months in jail and up to $1,000 in a fine.
• $200 to $500 – Fourth-degree charge – up to 18 months incarceration and $10,000 in fines.
• $500 to $75,000 – Third-degree offense – three to five years incarceration and a fine up to $15,000.
• Over $75,000 – Second-degree offense – five to ten years in prison and fees and fines up to $150,000.

If you steal over $200 in merchandise, shoplifting is a felony. Besides prison time and fines, you may also have to pay restitution.

First-time offenders can receive a reduced sentence and fine or can go through a pre-trial intervention (PTI) program, which may last up to three years. To complete the PTI process, your attorney must submit a written request 28 days after your arrest. Even if you agree to return the stolen goods, you may still have to pay court fees.

Why You Need to Consult with a Shoplifting Attorney

You need to take shoplifting charges seriously. A shoplifting lawyer can support you in one of several key ways.

If you face accusations of stealing from a local store, hire a shoplifting attorney to handle the issues. Here is how they can handle your case and reduce the charges against you:

Case evaluation:

An attorney’s guidance is important, as they:

• Consider all the facts about the matter
• Identify all weak points in the charges against you
• Assess whether your case is strong enough

Challenging evidence:

A shoplifting attorney will:

• Question the authenticity of videos recorded or named witnesses
• Check whether authorities followed proper procedures during your arrest
• Check for any violation of your rights during the arrest

Negotiating with prosecutors:

A competent shoplifting lawyer improves outcomes by:

• Seeking a plea bargain for reduced penalties or alternative punishments
• Advocating for community service or diversion programs, among other alternative sentencing options

The above efforts may lower a felony charge to a misdemeanor, depending on the circumstances.

Exploring legal defenses:

A shoplifting attorney can use different defense strategies, as follows:

• Argue that there was no intention to shoplift (e.g., absentmindedly leaving the store without paying)
• Claim it was a case of mistaken identity
• Show that you own or have the right to possess the items that authorities allege you stole

First-time offender programs:

If this is your first offense, a criminal defense attorney can argue for your participation in diversion programs that can lead to dismissal on completion.

Mitigating factors:

An attorney can help reduce your charges by introducing mitigating circumstances as follows:

• Highlight gray areas that may have precipitated an arrest
• Emphasize your community involvement or your lack of a criminal record

Technical legal challenges:

An attorney’s support can get you through some of the steps of the legal process that require legal experience or a background in the local courts, as follows:

• Filing motions – Request that the judge exclude evidence obtained illegally
• Contesting constitutionality where applicable;
• Using alternative resolution methods or alternative dispute resolution (ADR) – This may include methods like civil compromise – where the compensation paid to a shop will lead to a withdrawal of the charges

Sentencing advocacy:

You have a legal advocate when you work with an attorney who focuses on shoplifting defenses. A criminal defense lawyer can help by:

• Arguing for minimal punishments or alternative sanctions, if applicable
• Stating mitigating factors so that the sentence is not as harsh.

Expungement assistance

Your lawyer will help clear your criminal record after completing your case if eligible.

Protecting your rights:

An attorney will ensure police and prosecutors respect your legal entitlements throughout the law process. They may direct you what to say or what not to say to law enforcement officials.

Strategic guidance:

A lawyer focusing on shoplifting defenses will advise you on the best course to take based on your situation. Depending on their approach, they will give you an idea of the possible outcomes.

Speak to a Shoplifting Lawyer Now

Have you been charged with shoplifting? If so, you need legal guidance and advice right away. Contact a criminal defense attorney who focuses on shoplifting cases. Make sure you obtain the best possible results. Contact a criminal defense attorney now.

by Lindsay Bernstein

I Got a Traffic Ticket While Driving Someone Else’s Car – Am I Responsible?

Whether driving your own or someone else’s car, you’re responsible for the traffic ticket you receive.

Why You Should Consult with a Traffic Ticket Lawyer

That is why you should speak to a traffic ticket attorney if you receive a ticket. They can ensure you understand your rights, and you may save money. Knowing what to expect legally and financially takes the experience of an attorney or a legal advisor familiar with traffic laws.

Schedule a Free Initial Consultation Today!

Understanding the Responsibility for Traffic Tickets in New York and New Jersey

No matter whose auto you’re driving, you must abide by all of a state’s traffic laws governing speed and flow.

Driver Accountability

A driver is responsible for any traffic violation they commit – even if it isn’t their car. These consequences include:

• Paying applicable fines and
• Getting points against their license.

If you accumulate too many points during a certain time period, your license may be suspended. If you receive a ticket while driving a rental car and fail to report it, it may also count toward breaking your lease agreement or the terms-of-service agreement with the rental company.

Insurance Implications For Both Parties

Getting caught for a traffic violation while driving someone else’s car has unique insurance consequences for the driver and vehicle owner.

The Driver’s Insurance Costs

As a driver, there are certain things you should expect:

• Higher rates;
• An increased number of points on your driving record may lead to suspension, especially if you accumulate points quickly.

For example, the Driver Violation Point System (DVPS) increases the points on your driving record based on the date of the traffic infraction, not the conviction date. Points accumulate for violations that happen within an 18-month period, and the number of points is based on the severity of the violation.

For instance, speeding tickets may range from three to 11 points, depending on the speed or how much you were driving over the posted speed limit. Reckless driving or texting adds five points to your driving record while failing to brake safely adds four points. Tailgating is worth four points, while reckless driving is worth five points.

That’s why you should consult with a traffic ticket attorney if you receive a ticket or citation for a moving violation.

The Vehicle Owner’s Insurance Costs

The car owner may experience increased insurance rates if their policy does not allow the policyholder to give permission to others to drive their car. Insurance rates may increase significantly, with even a minor infraction causing a premium hike. Parking violations do not directly affect what you pay for insurance.

In many cases, someone who gets cited while operating someone else’s car will lead the owner’s insurance company to view them as an increased risk. If they were not listed on the policy and given consent to use the car, the owner may experience a higher rate. Even if the driver was listed, the owner may still experience an increase.

Legal Considerations for Drivers and Owners

For drivers and vehicle owners, comprehending the legal side of traffic violations is important. Again, traffic violations may lead to:

• Monetary fines
• Points on the driving record
• Higher insurance rates
• And in some cases, misdemeanor charges

Common Traffic Violations

Some common traffic violations include:

• Speeding
• Running red lights or stop signs
• Driving without a license or with an expired license
• Improperly using a cell phone–texting or talking–while driving

License Suspension and Revocation 

Repeat offenses can result in suspension or revocation of a driver’s license

• License suspension means temporary withdrawal from driving privileges
• License revocation is a permanent termination of all driving rights granted under the law.

Under NY law, driving with a suspended or revoked license is a misdemeanor, punishable by fines, mandatory surcharges, potential imprisonment, and a criminal record.

In New Jersey, driving with a suspended license can land you in jail for up to five years. You can also get fined $500 for a first offense. The violation adds two years to your suspension or six months for a first offense.

Getting caught can also cause the DMV in New Jersey to revoke your vehicle registration and plates. You may also receive up to nine insurance points, making it difficult to buy or renew your insurance plan.

Understanding Permissive Use 

In New Jersey and New York, permissive use occurs when a policyholder permits a driver not listed on their policy to drive their car. Drivers do not have to be household members but may include neighbors or friends. This feature is added to most policies. It allows an outside driver to use the car, even if they don’t have a policy covering them.

Ensuring Proper Insurance Coverage

An owner of a vehicle needs to ensure that the proper level of liability insurance is maintained whenever they allow someone else to drive their auto temporarily. Therefore, it’s important to bear the following factors in mind:

• Usually, an owner’s policy provides coverage if the operator of a car who is not included within the policyholder limits is involved in an accident.
• Even if the driver carries insurance, the owner’s policy typically covers any claims from an accident in which the driver is involved.

Seeking Legal Representation

If you’re issued a citation while you’re behind the wheel of another person’s car, hiring a criminal defense lawyer who handles traffic tickets or violations can be advantageous. They can support you in the following ways:

• A lawyer can provide information about the applicable law and procedures for contesting charges.
• An attorney can ensure you understand your rights.
• A lawyer can review different strategies to dispute allegations for the best results.

How a Traffic Ticket Attorney Can Help

You can also receive better outcomes by talking to a traffic ticket attorney if you receive a ticket while driving another person’s car. For example, a lawyer can help by:

• Keeping points off your license
• Lowering fines and court costs
• Achieving a better outcome in plea bargaining with a district attorney or judge

Keep the Stream of Communications Open

Communicating is key when handling traffic tickets issued for offenses committed in someone else’s auto. The following tips can help keep your communications more transparent.

• Discuss insurance policies before borrowing any vehicle.
• Notify the owner immediately if cited while using their car.
• If you lend your vehicle to someone, make sure they know what is in your insurance policy and what their responsibility involves.
• All the parties should keep their respective insurance companies in the loop so they keep up-to-date on the outcomes.

The Cost of Insurance Coverage – Possible Rate Hikes

For Drivers:

• The type of violation makes a difference. Minor infractions might impact less than major offenses, such as reckless driving.
• Your driving history matters. If this is your first offense, it may not hit you as hard if you’ve already had prior infractions.
• How much rates rise may depend on an insurer’s policies.
• Authorities usually impose surcharges for a specific period after issuing a ticket or citation.

For Vehicle Owners:

• When someone gets ticketed while operating your car, it can affect your policy due to increased risk exposure.
• Some insurers offer accident forgiveness if another driver has an accident while driving your car. Check your policy or talk to your insurance agent.

Learn More About Your Rights If You Received a Ticket While Driving Another Person’s Car – Speak to Traffic Ticket Lawyer Today

The best way to ensure you receive a better outcome if you’ve received a ticket is to contact a traffic ticket attorney immediately. Make sure you cover all your bases legally and financially. Contact a Clifton criminal defense lawyer today.

by Lindsay Bernstein

Leaving the Scene of an Accident in New Jersey

Imagine the following scenario. You’ve just had a long day at the office. All you’re thinking about is what to make for dinner. Then, suddenly, you realize you’ve hit another car.

Your heart is racing, and you feel panicked. This is not the time to flee. Whenever you’re involved in an auto wreck, you have a legal obligation to report the accident to the police. It’s the law in the Garden State. Reach out immediately to a DUI/DWI lawyer in New Jersey if you are involved in a car accident.

Schedule a Free Initial Consultation Today!

Discuss Your Car Accident with a DUI/DWI Attorney or Criminal Defense Lawyer

If you’re involved in a car accident, you need to discuss your rights with a DUI/DWI attorney or criminal defense lawyer. Complying with the law and working with an attorney are always smart moves.

Understanding Your Legal Duty

According to New Jersey law, anyone involved in an automobile collision MUST stop and disclose their identities and provide relevant information related to insurance coverage.

It’s important to note that this provision is not discretionary. The sole purpose of the law is to protect everyone concerned at an accident scene.

Below are some key takeaways:

• Sharing information: Each driver must share personal details, including their name and address, as well as those of their insurers
• Aiding one another: If someone gets hurt during the accident, it’s important to provide the required help – dialing 911, performing basic first aid, or staying on the scene until emergency responders arrive

It may be tempting to leave an accident scene, especially in cases where there appears to be no apparent or life-threatening damages or mechanical problems or issues. However, some car damages may remain hidden until after an accident. Again, remaining at the scene, as the law requires, guarantees your protection and the protection of others.

The Penalties for Leaving the Scene of an Accident

The penalties for hit-and-run in New Jersey are harsh and become increasingly severe when there is bodily harm or death. Let’s break down the numbers:

Property Damage Only: Still Not a Light Offense

Even if no one got hurt during the crash, except for property, such as a bumper or headlights, you’re obligated to share information and stay on the crash scene. If you leave the scene, you may be looking at the following penalties:

• Imprisonment: Maximum 30 days behind bars
• Driver’s License Suspension: Driving privileges revoked for not more than 30 days
• Fines: An initial fine ranging between $200 and $400, which can double after subsequent offenses 
• Insurance Surcharge: A minimum of $450 may be added onto premiums (In fact, your insurance can increase by as much as 84 percent)
• Points: Two points added to your driving record if there aren’t any injuries and only damages to property

Hit-and-Run with Injuries or Fatalities: Life-Changing Consequences

Once a person sustains injuries or dies after a hit-and-run, things can take a life-changing turn:

• Time Behind Bars: You can spend up to five years inside a state prison
• Driving Ban: A total restriction against holding any license type – valid for one calendar year following the conviction date
• Monetary Penalties: If a life is lost due to driver negligence, fines can reach as high as $15,000
• Insurance Premiums Increase More Than Expected: Your premium can increase by as much as six hundred dollars above the minimum – all meant to teach drivers not to run away from their legal responsibility. As noted, on average, New Jersey insurance rates increase by 84 percent after a hit-and-run conviction — or escalate to thousands of dollars each year
• Points: Eight points applied against your driving license
• Job Outlook: A hit-and-run record can bar you from applying for many jobs, especially driver and trust-related opportunities
• Emotional Impact: You can experience psychological consequences to living with the guilt of abandoning someone in need
• Civil Lawsuits: Fleeing an accident is essentially an admission of guilt, which only raises the likelihood that you’ll be sued for damages in a civil court

What Should You Do If Involved In An Accident? (Step-by-step guide)

• Stop Immediately – Pull over as close as safely possible to where everything happened.
• Check for Injuries – Look yourself over and check others involved if you can, and call 911 or the police.
• Again – Remain Calm – Take deep breaths and stay composed.
• Exchange Information – Get names, contacts, insurance numbers and license plate numbers from everyone involved in the crash.
• Document the Accident Scene – If it’s safe, take pictures showing the damage along with photos that show the intersections/streets/signs at the accident site.
• Notify Your Insurance Provider – Let your insurance company know what happened as soon as possible.
• Seek Medical Attention – Even if you feel fine now, some injuries appear later. It’s better to be safe than sorry.
• Seek Help from an Attorney – Reach out to an attorney who handles accident cases such as yours if you were impaired or were at fault for the mishap.

The Bottom Line: Always Stay on the Scene – Never Leave a Crash Site

No matter how afraid or unsure you are about the aftermath of an accident, fleeing is never an option. Leaving may seem convenient at first, but legal, financial, and personal consequences can follow that far outweigh any short-term benefits.

By staying at the scene, you:

• Fulfill your moral and legal obligations
• Potentially save lives through taking prompt medical action
• Protect yourself from serious criminal charges
• Preserve future opportunities while keeping peace with yourself

Remember this – a moment’s panic can lead to a lifetime full of regrets.

Therefore, always make the right choices, even when they seem difficult, because, in the long run, they ultimately pay off.

Contact a DUI/DWI Lawyer or Criminal Defense Lawyer Today

If you were involved in a hit-and-run accident, you should contact a criminal defense lawyer or DUI/DWI attorney without delay. Taking responsibility for your actions is the first step in having peace of mind. Contact a criminal defense attorney right away.