by Lindsay Bernstein10 Things Most Drivers Don’t Know About New York City Traffic Tickets and Speeding Violations
If you live in New York or are from out of town, you know that summer is when everyone takes to the highway. People tend to speed up during this time of year, as they don’t have the snow and ice slowing them down.
Also, sightseeing and vacationing lend a carefree spirit when traveling. However, this spirit can cause people to forget their troubles and get into another type of trouble – primarily ignoring the posted speed signs.
Although drivers commit speeding violations year-round, authorities give out most tickets during the summer. However, authorities don’t always charge speeding ticket recipients correctly. That’s why you must contact a traffic ticket attorney if you get a ticket for speeding or another traffic violation.
If you have any questions about a ticket, In that case, the DMV can usually give you further details about where your ticket is answerable – either the court or the Traffic Violations Bureau in New York City. If you contact a New York traffic ticket attorney, you’ll find that things will go much easier.
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10 Facts About Speeding and Traffic Tickets that You’ll Want to Know If You Drive in New York
The Police Currently Use the Latest Innovative Radar and Laser Devices
In New York, state troopers use devices that employ directional sensing radar or a laser beam to detect a motorist’s speed.
The laser beam measures about three feet across at a distance of 1,000 feet. The police can confirm the speed of a vehicle, even during congested traffic conditions. Operators can use these precision instruments and usually reap precise readings for measuring speed.
You Can Get a Speeding Ticket – Even If the Police Aren’t Present
In addition to the devices mentioned above, other technologies assess vehicle speed. For example, authorities use cameras to catch speeding drivers.
A speed radar camera photographs vehicles traveling over the posted speed. Besides the speed, the camera also captures the time of the incident and its location.
Aerial Devices Can Catch You Going Over the Posted Speed
When authorities use aircraft, the device tracks the time a car travels between two marked locations. Ground officers receive notifications about who issued the speeding violation in these instances.
Speeders Can Face Large Fines – Even If They’re Driving Slightly Over the Posted Speed
You can face fines of $150 even if you go less than 10 miles per hour over the posted speed. In these instances, the penalty might surprise you.
The fine can double if you drive from 11 to 30 miles per hour over the speed limit.
Moreover, the fine can quadruple if you go 31 miles per hour or over. In these cases, you might pay as much as $600.
Fines for tickets double in school zones.
When school is in session, the fine you pay for a speeding ticket doubles. Plus, you’re assessed a surcharge of $80.00 to $85.00.
You Can Get Fined If You’re Driving Too Slow
New York enforces a traffic law violation covering people driving within the speed limit. But are going too slow for what is considered safe. This violation is known as “speed not reasonable and prudent.”
This criterion may serve as grounds for a ticket of $150 plus the added surcharge of $80 to $85. If you’re going too slow or not going with the traffic flow, you may get pulled over and get a ticket.
Getting a Ticket is Not a Crime, But Certain Traffic Violations are Crimes and May Lead to a Ticket
When you receive a traffic ticket, you haven’t been found guilty of a crime. A traffic ticket is a violation of the traffic law. However, certain traffic violations are crimes, and the offender may also receive a ticket. Examples of traffic offenses that are also considered crimes include DUI, reckless driving, hit-and-run, and vehicular homicide.
Tickets Cover Both Moving and Nonmoving Violations, But Moving Violations are More Serious
Speeding tickets cover moving violations, as does running a red light. Tickets for non-moving violations include parking tickets, faulty equipment (such as a broken taillight), or unlawful window tinting.
You can challenge speeding tickets, so seek help from a traffic ticket attorney.
You can save money on insurance by challenging a ticket and having it dismissed, which you can achieve in several ways. To ensure success, you should seek help from a traffic ticket attorney. They know all about the court system in New York and can defend and argue your case.
An attorney may ask questions such as:
- Was the speed-measuring instrument maintained properly?
- A faster vehicle passed you when the police pulled you over.
- Was the speeding citation filled out correctly?
- Is this your first traffic ticket?
Getting legal help gives you a better chance to argue your case successfully.
Just Because It’s Easier to Pay a Ticket Doesn’t Mean It’s a Good Move – If You’re Not Guilty Because of a Mistake of Fact, You Need to Contest the Ticket
If you have evidence that you did not violate the speed limit, such as dash cam footage or GPS info, you must contact a traffic ticket lawyer.
In other cases, you might receive a citation for speeding or running a stop sign due to a factual mistake. Let’s look at two examples.
At the time of the incident, you noticed that another driver was swerving in and out of lanes, and you speeded up to avoid getting in the driver’s way. This may have led to a speeding ticket, but you were speeding for safety reasons.
Maybe you have regularly driven down a road and did not notice they installed a stop sign at one of the intersections. In this instance, you will not be guilty of running the sign if someone put it up the previous day. You can compare the time of the sign’s installation to when you received the ticket.
Contact a Traffic Ticket Attorney Right Away
Did police pull you over for speeding, but you believe you didn’t break the speed limit, or you received a traffic ticket that you believe was a mistake? If so, consult a traffic ticket attorney. Even if you’re guilty, you must protect and preserve your rights. Contact a New York criminal defense lawyer about your ticket today.
by Lindsay BernsteinChild Endangerment and Reckless Driving in NY
When reckless driving defense attorneys in New York defend clients, the legislation that defines Leandra’s Law often comes into play. The police may pull over the driver if a child (16 years or younger) rides as a passenger in their car.
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Defining DWI and DWAI
While DWI stands for “driving while intoxicated,” DWAI is “driving while ability impaired.”
The BAC limit for DWI is 0.08 percent for drivers over 21, 0.04 percent for people driving with CDLs, and 0.02 percent for drivers under 21. Aggravated DWI charges require a BAC of 0.18 percent.
DWAI BAC limits are 0.05 percent but under 0.07 percent. DWAI refers specifically to the substance that is impairing the driver.
Penalties for a DWI conviction may include a fine ranging from $500 to $2,500 for a first DWI and up to a year in jail. Drivers may get their license revoked for at least six months and may have to install an ignition interlock device for a year or more.
DWI convictions remain on New York driving records for 15 years, with subsequent convictions possibly leading to felony charges.
Leandra’s Law and How It Fits in with Child Endangerment
If you’re charged with DWI/DWAI and have a child as a passenger, you can end up being subject to Leandra’s Law. That’s why you must consult a knowledgeable DWI/DWAI attorney.
The law, named after Leandra Rosado, was enacted after a driver drinking alcohol killed an 11-year-old girl on the Henry Hudson Parkway. It went into effect a few years ago. Under the legislation:
- The court may charge first-time DWI/DWAI offenders with a class E felony if they have a child under 16 years old in their vehicle, which is punishable by up to four years in prison.
- The court may charge drivers with a Class B felony if they commit DWI/DWAI and cause the death of a child under 16. This offense is punishable by as many as 25 years in prison.
- If a serious physical injury to a child results from DWI/DWAI, the punishment may extend to 15 years in state prison for the Class C felony.
- Police must report a guardian or parent, charged with DWI or DWAI, who has a child in the car to the Central Register of the Child and Abuse and Maltreatment Department in New York.
- Also, drivers with a blood alcohol content (BAC) of at least .08 and a child under 16 as a passenger will have their license automatically suspended until the prosecution for the case concludes.
- A court must install an ignition interlock device for at least six months for a Leandra Law offense.
Moreover, as represented by Leandra Law legislation, an aggravated DWI charge stays on your criminal record for the rest of your life.
That’s why you can’t afford to contact a child endangerment attorney or a lawyer who handles cases that involve DWI/DWAI or reckless driving in New York.
What is Considered Reckless Driving in New York?
In New York, reckless driving is a criminal offense that happens when a driver operates a motor vehicle so that it unreasonably endangers other people. Specific examples include:
- Driving down a one-way street the wrong way
- Driving well over the posted speed limit (over 30 miles per hour) which may lead to 30 days in jail
- Swerving between cars and in and out of traffic at a high speed
- Making a U-turn across several lanes of traffic
- Consuming alcohol or drugs before violating a traffic law
The definition of reckless driving is subjective and flexible. That’s because the police have a wide berth in defining recklessness. To prove the charge in court, a prosecutor must demonstrate that the driver acted in a way that a rational individual will never consider, thus disregarding another person’s safety.
If you’re convicted of reckless driving alone, you can face as much as 30 days in jail for a first offense or up to 90 days if it’s your second offense. The punishment for a third offense may land you in jail for a total of 180 days. You might also face a $300 fine or a year of probation.
Reckless Endangerment
If reckless endangerment applies, the court may stack the charges against you. You’ll face charges for both reckless driving and reckless endangerment.
In New York, multiple laws can apply to a driver who endangers a child while they’re driving. For example, reckless endangerment involves deliberately putting another person at risk and can classify as either a first-degree or second-degree offense.
- When charged in the first degree, reckless endangerment is a class D felony, which may lead to a prison term of seven years. This charge is applied when a person behaves with a depraved indifference to the lives of others and, therefore, creates a serious risk of death.
- When considered a second-degree offense, reckless endangerment is a Class A misdemeanor offense with a sentence that leads to up to a year in jail. For instance, the court might impose this sentence if the driver speeds in a residential area.
Endangering a Child’s Welfare
Endangering a child’s welfare is noted in the state Penal Law 260.10 and can apply in several situations, including driving while intoxicated with a child as a passenger.
For example, the law applies when a person intentionally behaves in a way that can harm a child’s mental or physical state or moral welfare. It applies to a child who is 16 years old or younger.
Contact a Child Endangerment or Reckless Driving Attorney If You’ve Been Arrested for DWI/DWAI, Reckless Driving, and Child Endangerment
If you’ve been charged with DWI/DWAI or reckless driving and had a child passenger in your car at the time of the arrest, you must consult a DWI/DWAI attorney or reckless driving lawyer. Make sure you choose an attorney who regularly handles cases like yours so you can realize the best results. Learn more about your rights now. Contact a New York criminal defense lawyer to review your case right away.
by Lindsay BernsteinCommon Offenses that Lead to a Suspended License in NJ
You can get your driver’s license suspended for several reasons in New Jersey. You may get your license suspended through the Motor Vehicle Commission (MVC) or the court. If this happens to you, you must contact legal counsel–such as a traffic ticket attorney or a DUI/DWI lawyer–to learn more about your rights and the suspension process.
Don’t try to handle the suspension alone, as an attorney can ensure you receive a better outcome so you can drive again.
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Suspending a License for a Driving-Related Violation
Sometimes, the court or the MVC suspends a driver’s license when the driver violates a motor vehicle law. The MVC will send you a notice about your suspension. For example, the notice will state that your license has accumulated too many points from motor vehicle violations, leading to its suspension.
Collecting Points on Your License – What Can Lead to a Suspension
Points are counted for motor vehicle violations such as racing on the highway (five points), leaving the scene of an accident (two points), improperly passing a school bus (five points), improper u-turn (three points), or going 30 mph over the speed limit (five points). If you receive 12 points or more in three years, you’ll receive a notice of suspension from the MVC.
The notice also explains the process for avoiding a suspension. For instance, if you’ve collected too many points, you can attend a Driver Improvement Program to erase three points from your license and thus avoid a suspension.
If you believe the reason for the suspension is incorrect, you can request a hearing to contest it. You must make this request in writing. Again, requesting an attorney’s help ensures you receive better results. They can advocate for you, improving your chances of overturning the suspension.
If a driving-related violation suspends your license, consult a traffic ticket lawyer to determine the length of the suspension and the fines owed.
Receiving a License Suspension for Unpaid Parking Tickets
If you have two or more unpaid parking tickets, the municipal court in the jurisdiction where the tickets were issued may order a license suspension. To remove the suspension, you must either pay the fines for the ticket or appear in court and contest the tickets, hoping for their dismissal.
If you wish to contest your ticket, follow the instructions on the ticket or call the court issuing the ticket. Don’t ignore a ticket; a warrant will typically be issued for your arrest. If this happens, you must turn yourself in court before being given a court date to contest the ticket. Again, always talk to a traffic ticket attorney first, as ignoring a ticket can become a serious problem if you don’t have legal counsel.
It may benefit you to contest a ticket if paying for the ticket will increase your insurance premiums or the costs of operating your vehicle. If you pay for the ticket in full, you can do so in person at the court, online, or by mail. Once more, ask an attorney for help.
Maybe you can’t afford to pay for the ticket in full. If so, ask the court if you can arrange a payment plan. Don’t appear in person at the court unless you know a warrant has not been issued for your arrest.
Suspending a License for Failing to Pay an Insurance Surcharge
The MVC of New Jersey may impose a fine, called an insurance surcharge, for certain driver violations. Surcharges of this type are imposed annually for three years straight. Per previous legislation, if you fail to make these payments, the MVC may suspend your license, although it’s no longer a required suspension.
In some cases, if you have this outstanding debt and drive while suspended, you may face an additional fine and suspension. You can find out if you owe a surcharge by inserting your date of birth and driver’s license number in the boxes on the web page of New Jersey’s MVC Surcharge Department.
Removing a Surcharge-Related Suspension
You can remove a surcharge-related suspension if you:
- Pay the surcharge in full
- Pay a negotiated payoff amount*
- Agree to an installment plan
*The negotiated payoff amount does not require negotiation. Instead, the Surcharge Department merely issues a lump-sum payment that is less than the total due. You should schedule a payment plan if you can’t meet this payment. If the payment amounts are still not affordable, you can request a lower payoff.
It’s important to make some type of restitution, as agreeing to a plan, for instance, and making a down payment will remove the suspension. However, make sure you make your payments on time. If you miss a payment, the MVC will impose another suspension. You might consider speaking to a bankruptcy attorney if you can’t afford the payments.
Receiving a Suspension for Failing to Carry Insurance
If you’re pulled over and don’t have insurance, the court may order a license suspension and impose a fine. In this case, the suspension is discretionary. Moreover, the MVC can impose an additional suspension.
The MVC will remove the suspension after you provide proof of insurance and return the license plates and registration for the uninsured vehicle. It’s important to pay the applicable fines and wait for the suspension period to end before you restore your license.
If this is your first offense, the court may suspend your license for one year. A second offense can lead to a license suspension of up to two years. That’s why you can’t face a license suspension without getting legal advice and help. A skilled traffic ticket attorney can review all aspects of your case so you can drive sooner or experience better results.
Receiving a License Suspension for Committing a Crime
Some license suspensions are imposed as a punishment for committing a criminal offense – even if a motor vehicle was not involved. The length of the suspension can vary and depends on the statute related to your conviction. Your attorney can easily answer any questions along these lines.
The suspension begins when the court releases you from jail. The time frame for the suspension is discretionary in cases that involve the falsification of government documents or vehicle theft.
If the suspension isn’t mandatory, consult a criminal defense lawyer to explore options for reducing or removing it. After the suspension ends, the court lifts it, and you can drive again.
DUI/DWI License Suspension
Many driver’s license suspensions result from a DUI/DWI offense and conviction. The suspension length depends on the offense’s offense and the defendant’s defendant’ show concentration (BAC).
The suspension may last three months to one year for a first offense.
If you have a BAC of 0.15 percent or higher during a first offense, the court may suspend your license for four to six months and require you to use an interlock ignition device for nine to 15 months.
Perhaps you are charged with a second DUI/DWI offense. If so, you may face a suspension of two years.
A third offense can last ten years, or you may sometimes permanently lose your license. The court can extend a suspension if they believe it’s appropriate.
If you have a suspension due to a DUI or DWI and driving when caught, you’ll be sentenced to a fine of $500 and ten to 90 days imprisonment. You may also receive an additional suspension of one to two years. If you crash your vehicle while the court has revoked your license, and the other party is hurt, you are subject to a mandatory jail sentence of 45 to 180 days. The court will also revoke your motor vehicle registration.
In any of these cases, contact a DUI/DWI attorney immediately so they can review all aspects of your case and develop a strategy for your defense.
Current Rulings on License Suspensions in New Jersey
The court can no longer suspend a license for certain violations. These infractions include:
- Not showing up in court
- Not paying the court-ordered penalty
- Violations of state and federal drug laws
- Not complying with an order of an indigent payment plan
- Abandonment of a vehicle without consent
- Juvenile violations that involve defacing a property with graffiti or triggering a false alarm
Concerning driving-related violations, unpaid parking tickets, a failure to carry insurance, and committing a crime, the court considers:
- The nature of the crime or offense
- If the loss of driving privileges will lead to extreme hardship
- If there are alternative means of transport
Restoring Your Driving Privileges
To restore your driving privileges, you must satisfy the requirements of the MVC or what the court has imposed to remove the driving suspension and gain the privilege to drive again.
The court no longer suspends a license for certain violations. You can only drive after you receive a new driver and a notice from the MVC stating that you can resume driving.
Contact a Traffic Ticket Lawyer or DUI/DWI Lawyer Now
Whether you’ve had your license suspended for payment of traffic tickets or because of a DUI or DWI arrest, you need to speak to a New Jersey criminal defense attorney immediately. Talk to a legal professional about your case or someone who has handled similar cases. Make sure you receive fair and equitable treatment. Call an attorney today.
by Lindsay BernsteinWhat Happens in Court to a First-Time Shoplifter?
If you’re facing a shoplifting charge, you need to consult a shoplifting defense attorney immediately. While shoplifting may seem minor, it carries serious repercussions – even when you’re a first-time shoplifter.
You won’t get off the hook that easily, even if you’ve stolen a small amount or have no prior convictions. If you don’t consult with an attorney, you can find the process quite difficult, so ensure you retain legal defense counsel immediately.
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Understanding Shoplifting: Five Types of Shoplifting Behaviors
Shoplifting laws vary significantly from state to state, including the degree of charges and potential penalties. As an example, let’s take a look at shoplifting laws in New Jersey.
New Jersey law (N.J.S.A. 2C:20-11) defines several activities as shoplifting. Below are five common methods of taking items from a store and avoiding payment.
- Intentionally taking merchandise
- Concealing items to avoid payment
- Altering or removing price tags
- Transferring merchandise to another container
- Under-ringing the merchandise at checkout
Penalties for First-Time Offenders
The severity of the penalty depends on the value of the merchandise stolen:
Under $200: Disorderly persons offense
- A six-month jail term
- A fine of up to $1,000
$200 to $500: Fourth-degree offense
- 18 months in incarceration
- A fine of up to $10,000
$500 to $75,000: Third-degree offense
- From three to five years in prison
- A fine of up to $15,000
Over $75,000: Second-degree offense
- From five to ten years in prison
- A fine of up to $150,000
What to Do If You’re Accused of Shoplifting
When caught shoplifting for the first time, you may experience:
- Detainment by store security
- Questioning by store management or the loss prevention staff
- Potential arrest and booking at a local police station
- Release on your recognizance or a requirement to post bail
If someone accuses you of taking merchandise while you’re in a store, follow these tips. Don’t try to argue or show any disrespect. You’ll only make things worse for yourself. The following tips will enable you to get through the ordeal more successfully.
- Remain calm and polite
- Don’t admit guilt or sign any documents
- Exercise your right to remain silent
- Follow the police instructions if they arrive
- Contact a criminal defense attorney immediately
How Stores Might Handle First-Time Shoplifters
Stores have several options when dealing with first-time shoplifters:
- Banning shopping privileges
- Demanding payment of legal costs
- Requiring restitution for stolen merchandise
- Sending a civil demand letter
If you retain a shoplifting attorney, they can deal with the store if you took merchandise and find a more amenable solution to spending time in jail and possibly paying a more sizable fine.
What’s a Civil Demand Letter?
Many retailers send a civil demand letter to first-time shoplifters. This letter typically demands:
- Payment of a civil fine
- Reimbursement for stolen merchandise
- Coverage of loss prevention expenses or legal fees
While this letter offers a way to resolve the issue without further legal proceedings, consulting with an attorney before responding is still critical.
How a Criminal Defense Lawyer Can Help First-Time Offenders
For first-time shoplifting offenders, a criminal defense attorney can:
- Explain the charges and potential consequences
- Investigate the case and identify weaknesses in the prosecution’s evidence
- Negotiate for reduced charges or case dismissal
- Represent you in court if the case goes to trial
- Argue for lenient sentencing, such as probation or community service
- Guide you through the appeals process, if necessary
Alternative Programs for First-Time Offenders
States like New Jersey may offer alternative programs for first-time shoplifting offenders, such as:
- Pretrial Intervention Program (PTI): This program allows first-time offenders to avoid prosecution by completing supervised probation and other requirements.
- Conditional Dismissal Program: Available for certain disorderly person offenses, this program can lead to the dismissal of a charge on completion of probation and other conditions.
- Juvenile Diversion Programs: For minors, courts often focus on rehabilitation rather than punishment, offering options like community service, counseling, or educational programs instead of jail time.
Court Process
As a first-time offender, you’ll typically go through the following steps:
- Arraignment: The court will formally present the charges at your first court appearance
- Plea entry: You’ll enter a plea of guilty, not guilty, or no contest
- Pretrial conferences: Discussions between your attorney and the prosecutor
- Trial (if necessary): Presentation of evidence and testimony before a judge or jury
Knowing what’s ahead in the legal process is easier when working with an attorney.
Major Factors Influencing Your Case
Several factors can impact the outcome of a first-time shoplifting case:
- The value of stolen merchandise
- Your age and personal circumstances
- Your willingness to make restitution
- Your level of cooperation with authorities
- Evidence of premeditation or sophistication in the theft
Long-Term Consequences
Even for first-time offenders, a shoplifting conviction can lead to:
- A criminal record affecting employment opportunities
- Difficulty renting apartments or obtaining loans
- A negative effect on a professional license
- Immigration consequences for non-citizens
- Social stigma and poor public perception affecting personal relationships
Legal Strategies for First-Time Offenders
If you’re facing a first-time shoplifting charge, you’ll need to take the following approach:
- Again, seek legal counsel immediately
- Gather all relevant documents (receipts, witness statements, etc.)
- Consider enrolling in counseling, a support group, or a class that helps you understand your issue
- Prepare a statement of remorse and plans for future prevention
- Explore options for restitution or community service
Expungement for First-Time Offenders
In New Jersey, first-time shoplifting offenders may be eligible for expungement as follows:
- For disorderly person offenses: Wait five years from the completion of the sentence
- For indictable offenses: Wait six years from the completion of the sentence
- Early pathway expungement may be available after three to four years in some cases
Successful expungement can remove the offense from the public records.
The amount of stolen merchandise will determine your eligibility, participation in academics, community programs, or employment activities, and any evidence of a prior arrest.
Remember, the court often treats first-time shoplifting offenses more leniently, but they still carry serious penalties. You must take the charge seriously and seek professional legal help and counseling.
Contact a Shoplifting Defense Attorney for Help Now
Have you been arrested for shoplifting? If so, you need to retain legal advice and help now. Contact a criminal defense attorney now to get the assistance you need to ensure a brighter future and a better outcome for your case.
by Lindsay BernsteinReckless Driving with a CDL in New York
You need a commercial driver’s license (CDL) to drive various types of commercial vehicles, especially semis, which must have a gross weight of over 26,000 pounds. Some trucks are designed specifically for transporting hazardous materials.
If you lose your CDL, you’ll face serious consequences regarding employment and transportation. These consequences include suspending your driver’s license, increasing points on your motor vehicle history, and having problems seeking employment.
The points can add up fast to your motor vehicle history report. For example, if you receive two serious infractions within three years, the DMV in New York State will suspend your CDL for 60 days.
Moreover, you can lose your CDL for 120 days if convicted of three serious traffic violations within the same time frame. If you’re arrested for a violation outside of New York and don’t report it to the DMV, it also counts as an infraction on your history.
Some traffic violations that result in a CDL suspension include speeding, lane change violations, tailgating, causing a fatal accident, and driving a commercial vehicle without a CDL.
If you face these charges, you should contact a reckless driving defense attorney in New York. Getting legal help is the best way to ensure you move forward more positively and experience better results.
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Specific Examples of Reckless Driving of a Semi-Truck
Reckless driving of a semi-truck or commercial motor vehicle (CMV) is a behavior that disregards other people’s safety or property. Below are specific examples:
- Driving 30 miles over the posted speed limit is considered reckless. This is especially true if you operate a truck in bad weather or heavy traffic. Speeding over this limit also adds six points to your driving record in New York state.
- As noted, following too closely or tailgating is also deemed reckless behavior.
- If you’re driving a semi and passing other vehicles aggressively, weaving in and out of traffic, or cutting motorists off, you’re also inviting trouble.
- Another example of reckless driving is making a sharp turn at an unsafe speed and not leaving enough room for another vehicle.
- Slamming on the brakes abruptly or stopping on the shoulder of the highway without warning are also reckless behaviors.
The underlying cause of reckless driving is often impairment. When you face charges for driving under the influence of drugs or alcohol in your vehicle or a commercial truck, you can lose your CDL privileges. If you’re convicted a second time, you’ll lose your CDL for life. Also, driving a commercial vehicle with a suspended or revoked CDL results in a one-year license suspension.
BAC Level
Even if your BAC is under the legal limit of .04 percent and you face a DWI charge, you’ll typically lose your CDL privileges for a year. Should you refuse a blood alcohol test, your CDL will automatically face suspension for the same period.
You might be pulled over for DWI or DUI while transporting hazardous materials. If so, your CDL will be suspended for at least three years or life if the conviction is a second offense.
CMV Equipment Violations
If you are guilty of equipment violations while driving a commercial motor vehicle, the vehicle is placed out of service until it’s repaired. In these cases, a CDL holder can lose their driving privileges for 90 days, one year, or even years, depending on the frequency of the violations and the specific infraction. Equipment problems that impact the safe operation of a CMV, such as the steering components or brakes, may lead to the loss of CDL privileges.
How a Reckless Driving Defense Lawyer in New York Can Help
When authorities charge you with reckless driving and unsafe operation of a CMV or semi-trailer truck, your first call should be to a reckless driving defense lawyer in New York. Your lawyer can fully investigate your charges to see if the police violated any processes during the arrest or if authorities made any errors when they stopped and pulled you over for a reckless driving offense.
Reasons Why Legal Assistance Works in Your Favor
If you’ve been charged with reckless driving and hold a commercial driver’s license, it’s critical that you have legal help for several reasons:
- Severe consequences for drivers: Reckless is typically considered a serious traffic violation. However, the consequences for CDL holders can be more severe than for regular drivers. A CDL is linked to employment opportunities and personal driving privileges.
- Potential loss of livelihood: A reckless driving conviction can lead to the suspension or revocation of your CDL, which can mean losing your job and career as a commercial driver.
- Federal regulations: CDL holders are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, which can complicate things legally.
- Impact on future employment: Even if you don’t lose your license, a reckless driving conviction can make finding employment as a commercial driver difficult.
- Higher standards: CDL holders must meet higher standards on and off duty. What might be a minor infraction for a regular driver can become more serious for a CDL holder. Again, not being employed to drive can impact your lifestyle.
- A complicated legal process: Defending against a reckless driving charge can be complicated, especially with the additional considerations set aside for CDL holders.
- Possible reduction of charges: An experienced attorney can negotiate a reduction in charges or penalties, which can help preserve the use of your CDL and prevent the loss of your job.
- Understanding of specific CDL laws: A lawyer familiar with CDL regulations can provide a more effective defense tailored to your situation.
- Protection of rights: A reckless driving defense attorney will protect your rights throughout the legal process.
- Long-term consequences: The impact of a conviction can extend beyond immediate penalties, affecting insurance rates and, again, future job prospects.
Given the above factors, seeking legal help is critical in protecting your license, career, and future as a commercial driver.
Contact a Reckless Driving Lawyer Today If Your CDL Is at Stake
If you’ve been arrested for reckless driving and hold a CDL, now is the time to get legal help. Contact a New York criminal defense lawyer today to ensure your rights are preserved so you can move forward with more confidence.
by Lindsay BernsteinChild Endangerment and Reckless Driving in New Jersey
In New Jersey, reckless driving and driving while intoxicated (DWI) are serious offenses on their own. The legal consequences become even more severe when a minor is in the vehicle during a traffic stop when the police suspect you of one of these . If you are accused of these offenses, it’s crucial to seek the expertise of a Clifton, NJ, reckless driving lawyer.
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Reckless Driving
Reckless driving is defined as operating a vehicle with “willful or wanton disregard for the rights or safety of others.” Even a momentary lapse in judgment can result in a reckless driving charge.
If you are convicted of reckless driving in New Jersey, you could face severe consequences such as fines, license suspension, and even jail time. Additionally, a reckless driving charge can have long-term effects on your driving record, insurance rates, and employment opportunities.
DWI with a Minor Passenger
Under New Jersey law, a driver can be charged with DWI with a minor passenger if they are driving a vehicle while intoxicated and have a child in the car.
If found guilty of this offense, the driver faces significant penalties, including:
- Fines exceeding $1,000
- Mandatory community service
- Up to six months of jail time
- These penalties are in addition to any other sentences related to the DWI charge, such as loss of driving privileges
These consequences are separate from and in addition to the standard DWI penalties. This means that a driver can face a double punishment – one for the DWI itself and another for having a minor in the vehicle while committing the offense.
This is why you need to depend on legal services. A criminal defense lawyer has the knowledge needed to ensure the full scope of your case is covered and considered.
Endangering the Welfare of a Child
In more severe cases, a driver may also face charges of endangering the welfare of a child under N.J.S.A. 2C:24-4(a). Here is some information about this charge:
- Definition of a Child: This law defines a child or minor as anyone under 18 years old.
- What Constitutes Endangerment: Endangering a child is broadly defined as any act that can potentially cause harm to the minor; this can potentially lead to authorities considering the child as abused or neglected.
- Severity of the Charge: The court determines the level of potential harm to the child, which influences the severity of the charge. This offense is considered second or third-degree, depending on the circumstances.
- Penalties: The consequences for endangering the welfare of a child are significantly more severe than those for DWI with a minor passenger. They can include up to ten years in prison and fines up to $150,000.
A driver can be charged with both reckless driving or DWI with a minor passenger and endangering the welfare of a child simultaneously. This means the potential penalties can stack, resulting in a very serious legal situation for the accused.
Long-term Consequences
A conviction reckless driving and child endangerment charges can have long-lasting effects on a person’s life, including:
- A criminal record impacting future employment opportunities
- Potential loss of professional licenses
- Restrictions on child custody or visitation rights
- Increased insurance rates or the dropping of insurance coverage
- Social stigma
If you don’t rely on the help of a criminal defense lawyer, the long-term consequences can impact your life more profoundly. You must rely on legal help when facing charges for these types of offenses.
Defending Against Reckless Driving and Child Endangerment Charges in New Jersey
As you can see, reckless driving and child endangerment charges are serious offenses in New Jersey, and if you find yourself facing these charges, the importance of retaining an attorney to defend your rights cannot be overstated. A skilled defense lawyer can provide the necessary guidance through the criminal justice system in NJ and advocate for the best possible outcome for your case.
Your attorney will explore every possibility to mount a strong defense. They will thoroughly investigate the circumstances surrounding your case, reviewing evidence, interviewing witnesses, and assessing the legality of any traffic stops or searches. They will use their knowledge of New Jersey traffic laws and criminal defense strategies to develop a comprehensive defense strategy tailored to your specific situation.
Moreover, an attorney can negotiate with prosecutors to potentially reduce charges or secure alternative sentencing options such as probation, community service, or enrollment in an educational program. They will guide you through the entire legal process, from court appearances to plea negotiations or trial, ensuring that your rights are protected at every stage.
Negotiating Plea Deals vs. Taking a Case to Trial for Reckless Driving and Child Endangerment
Negotiating a plea deal can be a viable option for individuals charged with reckless driving and child endangerment. In a plea deal, you plead guilty to a lesser offense in exchange for a reduced sentence or other benefits. This can be particularly beneficial if the evidence against you is strong and a conviction is likely. By accepting a plea deal, you may avoid the potential consequences of a trial, such as a longer sentence or the stigma attached to a criminal conviction. Additionally, a plea deal can save you time, money, and emotional stress that may be involved in a trial.
On the other hand, taking a case to trial allows you to present your defense before a judge and jury. This option may be preferable if you believe that the evidence against you is weak or if you have a strong defense strategy. Going to trial gives you the opportunity to challenge the prosecution’s evidence, cross-examine witnesses, and present your own evidence to support your innocence. It also allows you to hold the prosecution accountable and ensure that they meet the burden of proving your guilt beyond a reasonable doubt.
Ultimately, the decision of whether to negotiate a plea deal or take a case to trial for reckless driving and child endangerment charges should be based on the specific circumstances of your case and the advice of an experienced attorney.
Talk to a NJ Criminal Defense Lawyer About Your Reckless Driving and Child Endangerment
Have you been arrested for reckless driving or child endangerment? If so, you must contact a New Jersey criminal defense lawyer immediately. They can explain your rights, navigate the legal system, and build a strong defense. Acting quickly ensures you get the best possible outcome and reduces the risk of overly severe penalties. Get the legal support you need to protect your future and freedom today.
by Lindsay Bernstein5 Reasons to Use a Dash Cam for Legal Evidence
In a technologically advancing world, dash cams have become an important device for drivers. These small gadgets, mounted on a vehicle’s dashboard, continuously record one’s journey while driving.
While you can use them to record a pleasant drive or trip, they are also indispensable if you’re pulled over and must defend against a speeding ticket or other traffic violation.
The devices are, therefore, especially useful during an encounter with the police or after an accident. You’ll want to share this type of evidence with a New Jersey traffic defense lawyer. Doing so can often improve the outcome of your case when you are defending against a violation.
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Recording Unbiased Evidence for Accidents and Disputes
One of the main reasons to own a dash cam is the evidence it provides. Dash cam footage reveals unbiased, real-time evidence when legal disputes with the police or accidents occur.
A dash cam records everything happening in front of your car, and it is difficult to dispute video evidence.
For example, you’ll have clear-cut proof of the incident if a driver runs a red light and smashes into your car. You will also have proof that you did not run a red light if an officer accuses you of doing so.
Recording Police Encounters
Many law enforcement officers perform their duties professionally and ethically. However, cases of misconduct do happen. If you run into an unfair encounter with the police, your dash cam can provide an unbiased account of the event. While it’s legal to record public encounters with the police, you should also let them know the activity is being recorded.
For instance, if you are pulled over by an impolite or abusive officer who violates your rights, you can use your dash cam to record the incident. This recording can serve as evidence in court cases or to file a complaint against the officer if necessary. A dash cam records what you say and do, as well, so ensure you are honest and composed in all of your dealings.
If you get stopped for a moving violation by a traffic cop, your dashboard camera will record the reason for the stop. If the officer’s explanation changes later or you are accused of another violation, then the video evidence you have may help you prove these inaccuracies.
For instance, if you were informed you were speeding when you were pulled over, but you are given a ticket for running a stop sign, your traffic defense attorney can use the video recording to challenge the ticket.
Supporting Your Defense Following a Traffic Stop
If you get pulled over for a traffic offense, you can use your dash cam in one of the following ways.
Challenging Ticket Validity
If your traffic violation ticket is invalid, your dash cam footage provides essential evidence. For example, you can challenge the ticket if you are given a citation for running through a red light, but the footage reveals that the light was yellow.
Also, some dash cam models have a built-in GPS that superimposes your speed on the video – proving that you may not have exceeded the speed limit.
Proving Mitigating Circumstances
You can prove you were not guilty of reckless driving if you were trying to avoid a road hazard at the time that you swerved or were driving erratically.
Questioning a Police Officer’s Behavior
Rarely, but sometimes, a police officer might exaggerate or make up an offense. For example, they may accuse you of texting when you weren’t texting at the time you were stopped.
Promoting Respectful Interactions
We tend to be more polite when our actions are subject to a camera’s recording. At the same time, an officer who is aware that he or she is being watched will usually follow the correct protocol.
Including Clear and Supporting Evidence for the Court
Dash cam footage can provide convincing evidence if you decide to contest your ticket in court. It tells exactly what happened without any bias, which is more persuasive than verbal testimony. Judges often like hard evidence since it makes their judgments certain and defendant-friendly.
Protecting Passengers and Getting the Evidence Needed for Unwarranted Searches
Whenever your passengers are detained unnecessarily or vehicle searches are carried out without probable cause, you can use the footage for your defense or in any complaints you file against the police.
Preventing False Claims
Not all drivers are polite or honest. They may engage in road rage, make false allegations, or try to scare others on the road. A dash cam can protect you by recording the truth – revealing another party’s behavior.
For example, picture a scenario where an aggressive driver is tailgating you, is honking excessively, or swerves in front of your car. Without a dash cam, the driver might claim you were the one driving recklessly.
After all, it’s your word against theirs. However, if you have footage from a dash cam, you can prove that the other party was behaving aggressively and you were driving defensively.
Or, maybe someone has accused you of hitting their car while they were parked. Perhaps they claimed you sideswiped them on the highway.
If so, you need not despair. Your dashboard camera can help you refute a wrongful accusation. This evidence can prevent hikes in insurance rates and unwanted legal entanglements and issues.
Improving Your Driving
Beyond its protective functions, a dash cam can also be an excellent educational tool for improving your driving skills. We all have blind spots in our driving habits, and sometimes, it takes some video footage to recognize areas that need improvement.
For example, you might notice that you are following too closely behind other drivers or that you tend to roll through a stop sign instead of coming to a complete stop.
If you have teen drivers in your family, your dash cam footage can be used as a teaching tool for them as well.
Contact a Traffic Lawyer About Your Traffic Violation Now
A traffic lawyer can help you with a speeding ticket or other traffic violations following a traffic stop or after an accident. Don’t rely on dash cam footage alone. Make sure you have proper legal representation. Contact a criminal defense attorney now about your traffic violation today.
by Lindsay BernsteinDUI/DWI Field Sobriety Tests: How to Challenge Them
How you do on a field sobriety test (FST) is a key part of evidence when you’re pulled over for DUI/DWI. The police use this roadside testing to determine if a driver is under the influence of alcohol or drugs. While the prosecution may want to use an FST to prove guilt, a DUI defense attorney can challenge the evidence to seek a more favorable resolution to your DUI case.
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What Is Field Sobriety Testing?
Police officials use both standardized and non-standardized field sobriety tests to assess a driver’s level of intoxication. They are taught to look for clues, such as poor focus, problems completing tasks, and poor coordination when giving the tests.
A DUI defense lawyer reviews the accuracy, validity, and dependability of the testing.
Types of Standard Field Sobriety Tests (SFSTs)
The National Highway Traffic Safety Administration (NHTSA) validates the three standard field sobriety tests that are given to determine DUI/DWI.
These tests include:
- Horizontal Gaze Nystagmus (HGN): During this test, the police officer looks at the suspect’s eyes while they follow an object moving horizontally across their field of vision. The object is either a flashlight or a pen. Alcohol may cause an involuntary jerking of the eyes, also called nystagmus.
- Walk-and-Turn (WAT): Suspects are told to take nine steps, walking heel-to-toe, moving forward in a straight line. The suspect turns on one foot and returns in the same manner.
- One-Leg Stand (OLS): During this test, the suspect stands on one leg, lifting the leg about six inches from the ground to a 30-second count.
Dependability of the Testing
The SFSTs are considered the most dependable because they have been scientifically validated. According to NHTSA studies:
- HGN is 77 percent accurate in detecting BAC (Blood Alcohol Content) of over or less than 0.10 percent.
- WAT is 68 percent accurate.
- OLS is 65 percent accurate.
When all three tests are combined, their accuracy in identifying a BAC of 0.08 percent or higher (the legal limit in most U.S. states) is around 91 percent.
Non-Standard Field Sobriety Tests
The following tests may be used when a suspect is stopped for DUI/DWI.
However, the assessments are not validated by the NHTSA.
- Finger-to-Nose: Touch the tip of the nose with the index finger.
- Alphabet Test: Recite the alphabet or a portion of it.
- Counting Test: Count backward from a given number.
- Romberg Balance Test: Stand with feet together, head back, and eyes closed.
- Finger Count: Touch each finger to the thumb while counting.
- Hand Pat: Alternately pat the back of one hand with the palm of the other.
Non-standard tests are less reliable because they haven’t undergone the same rigorous scientific validation as the standard tests. They may be influenced by factors like nervousness, physical condition, or language barriers the suspect may have.
Because field sobriety testing is not infallible, other evidence should also be considered in DUI/DWI cases. That’s why it’s important to contact a DUI defense lawyer. They can review all the factors of your case and how the test administration may lead to different results – or a reduced charge or dismissal.
Reasonable Suspicion: Why Did Police Ask for an FST?
A police officer must have a reasonable suspicion of impairment to pull over a driver for DUI/DWI. This suspicion might include erratic driving, slurred speech, watery and red eyes, or the odor of alcohol.
If a DUI defense lawyer can argue that the officer did not have probable cause, they can file a motion to suppress the evidence. The motion can be used to dismiss or reduce the DUI charge.
Challenging an FST with Medical Proof
If a police officer asks you to take an FST, they should also ask if you have a medical condition that may affect your ability to perform the test. Some officers don’t ask the question. Others may not realize how a certain medical condition can affect your performance on an FST test.
Medical Conditions that Can Affect FST Results
Some common medical issues that can influence how you do on an FST include:
- High or low blood sugar
- Drowsiness
- Diabetes
- A general illness
- Problems with balance or vertigo
- Back pain
- Knee pain
- A physical injury
Reviewing the Testing Conditions and the Suspect’s Condition
A DUI defense lawyer may challenge an FST by asking the following questions about the environment and the physical condition or coordination of the suspect:
- Was the road level or sloped?
- Was it slick or windy at the time?
- Does the suspect naturally have poor coordination or ataxia?
- Was the suspect limping – maybe due to a physical injury or pain?
- Was the lighting sufficient?
- Does the suspect have vision problems, or do they wear contact lenses?
- Did the suspects’ age, weight, or physical or mental condition affect their test results?
- Was the suspect over-anxious or nervous?
- Was the driver overly tired?
- Was the driver taking prescription medicine at the time of the test?
Some people naturally have nystagmus.
Challenging the Administration of the FST
Your attorney might argue that the police officer did not explain the test clearly enough. They may also question the officer’s qualifications concerning training and certification. For example, an attorney may check to see if the officer’s certification is current.
In addition, a lawyer may challenge the test interpretation. They might ask if the officer properly scored and interpreted the results.
As you can see, your attorney can review the evidence gathered from an FST and challenge the results in one of various ways.
If you’re asked to perform an FST, stay calm and cooperative. Doing so will help your attorney better prove inconsistencies at a later date. They can do this by examining video evidence as well as reviewing your age, medical history, and overall physical condition.
Contact a DUI Defense Attorney Today
Did the police arrest you for DUI/DWI? Do you want to know the next step? If so, it’s best to contact a DUI defense lawyer to discuss your case. They can navigate the legal process and defend you with the confidence their experience brings. Call and set up a legal consultation ASAP. Call a New York State criminal defense lawyer today.
by Lindsay BernsteinCan You Go to Jail for Shoplifting?
Shoplifting is a common criminal offense, and jail time for shoplifters is likely more common than you imagine. That’s why it’s important to contact a shoplifting lawyer or criminal defense attorney who handles this charge. What you receive as a sentence depends on the details of your charges and the strength of your defense.
For example, states like New Jersey makes jail time a possibility for anyone who takes merchandise from a store. Moreover, a conviction can also affect your career and housing opportunities. Again, retaining the services of an experienced Wantagh, NY, shoplifting defense lawyer can often help you achieve a better outcome, including avoiding jail time whenever possible.
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Forms of Shoplifting
In most states, you can get arrested for one of five forms of shoplifting.
- Removing item(s). If you take merchandise out of a store on purpose with the intent to deprive the owner of the value of the item(s), you’re shoplifting.
- Concealing an item or items. Hiding what a merchant sells with the intent to take it without paying is also shoplifting.
- Changing or switching price tags. This type of activity is also called shoplifting.
- Under-ringing merchandise. Charging a price for an item(s), so it reflects less than the full retail price is defined as shoplifting as well. This form of shoplifting does not cover receiving money from fraudulent refund receipts. That’s because the offense defines merchandise going out of a store, not returned products.
- Transferring Merchandise into a Container. Transferring item(s) to a container to commit theft is another major form of shoplifting.
Punishments for Shoplifting Convictions
The fines and penalties imposed for shoplifters depend on the amount of merchandise stolen, whether it’s a first offense, and if the shoplifter is a minor or adult.
As an example, below are the fines and jail time possible for a shoplifting charge in New Jersey:
- Disorderly Person Offense. If you steal property up to $200, you might face six months in jail and a fine of up to $1,000.
- Fourth Degree Shoplifting Offense. If the property you steal is between $200 and $500, you may have to spend 18 months in prison and pay a fine of up to $10,000.
- Third Degree Shoplifting Charge. If you’re convicted of a third-degree shoplifting offense, you’ve stolen property valued between $500 and $75,000. This offense may lead to prison time from 3 to 5 years and a fine of up to $15,000.
- Second Degree Offense. Taking property worth over $75,000 can lead to 5 to 10 years in prison and the payment of a fine of up to $150,000.
A First Shoplifting Offense
Shoplifting is considered a serious charge. However, many first offenders believe they can skirt a jail or prison sentence, but this is not always the case. You should always contact a criminal defense attorney, even for a first offense. They can handle the legal process and tell you where you stand when facing this charge.
Penalties Usually Increase for Repeat Shoplifting Offenses
If you have been charged with shoplifting multiple times, the penalties and consequences will likely be greater than for a first offense. Repeat shoplifting offenses are considered more serious by the courts, and they often result in harsher punishments.
When determining the penalties for a repeat shoplifting offense, the court will take into account your prior criminal history and the severity of the current offense. If you have a history of previous shoplifting convictions, the court is more likely to impose stricter penalties, such as fines, probation, community service, or even jail time.
Repeat offenders are seen as a greater risk to society and are less likely to be given leniency or the benefit of the doubt. The court wants to discourage individuals from engaging in shoplifting behavior repeatedly, as it indicates a lack of remorse or willingness to change.
Additionally, repeat shoplifting offenses may also result in civil consequences, such as being barred from certain stores or shopping centers. Retailers have the right to protect their businesses and property, and they may take legal action to prevent habitual shoplifters from entering their premises.
Considering the potential consequences and the effects a shoplifting conviction can have on your future, always seek criminal defense representation if you are facing charges for a repeat offense.
Negotiating a Shoplifting Charge
Indeed, the right criminal defense attorney can often negotiate down a shoplifting charge or reduce the penalties. By retaining experienced legal counsel, you have the best opportunity to avoid jail or prison time.
Remember that, in most instances, a shoplifter is usually captured on a store camera from the moment of entry to the time they exit the store. As a result, many prosecutors find the cases easier to prosecute while criminal defense lawyers may find the charges challenging to defend.
Therefore, it’s best to work with a lawyer who will negotiate with a prosecutor to reduce the charge and seek probation instead of jail time.
Pretrial Intervention and Conditional Dismissal
You might apply for Pretrial Intervention (PTI) or a Conditional Dismissal to avoid a conviction and jail. These diversionary programs require probation in place of plea bargaining. You may qualify as long as you aren’t currently participating in a diversionary program and have not been convicted of an offense.
Not everyone who wants to enroll is accepted. Therefore, getting legal help is imperative.
Each diversionary program is set up to meet the facts of the shoplifting case. It may include supervision, community service, drug testing, and counseling. People who’ve been indicted and completely finish the program will have their charges dismissed and avoid a criminal history.
Arrange a Consultation with a Criminal Defense Lawyer Now About Your Shoplifting Charge
If you’ve been charged with shoplifting, you need to talk to a criminal defense lawyer experienced in representing defendants facing similar charges. The right lawyer will know how to develop a strong defense strategy with the goal of avoiding jail time whenever possible. Never delay in seeking criminal defense attorney.
by Lindsay BernsteinI Have a Clean Driving Record: Can I Still Be Found Guilty for a First Traffic Violation?
If your driving record is clean, you may wonder if you should contact an experienced traffic law attorney when you receive a first traffic citation. The reality is that even a first ticket can have costly consequences. Having an attorney can help you understand your options if you’re facing your first driving offense and can minimize the penalties.
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How an Attorney Can Help You Fight a Traffic Violation
An experienced traffic violation lawyer knows what you can do to contest a traffic offense. They can speak to the prosecutor to see where you stand and how to proceed. You’ll have more success in court if an attorney accompanies you during the process.
Negotiation Skills
Prosecutors and traffic violation attorneys regularly communicate. By retaining legal counsel, you have a greater chance of getting your charges reduced or dismissed.
Ensuring a Clean Record
If you already have a clean driving record, you’ll have a better opportunity to get your traffic offense dismissed. Again, a lawyer can negotiate a deal that you wouldn’t obtain yourself from the prosecutor.
Preventing the Addition of Points on Your Driver’s License
If you can’t get a traffic violation dismissed, a lawyer might have the charge amended, so it won’t add points to your driver’s license and record. This is important, as collecting too many points can lead to extra fees and fines, surcharges, and a license suspension. You can end up paying more for your car insurance as well.
A lawyer who understands your charge and the alternatives can defer an unwanted violation and make everything more positive.
Reviewing Optional Penalties
If you do have a clean driving record, a lawyer may arrange for a conditional discharge or conditional dismissal to resolve a first-time offense. Under this diversionary program, you will complete a probation period and then pay court costs and fines. You just need to ensure your driving record remains clear during this span of time.
Setting More Positive Goals
Usually, an attorney’s first goal is to get a case dismissed. If you do have to proceed to court, your lawyer will plan a strategy for your defense, based on the circumstances of the case, to get the best possible results. By working with an attorney, you’re taking a more proactive stance – one that will ensure a fairer and more positive resolution.
The Best Case Scenario
You have a very good chance of not getting convicted of a traffic offense if you solicit the help of an attorney. Having an attorney at your side will prepare you for the next step. A case shouldn’t continue without good reason. Therefore, the best-case scenario is a dismissal. You’ll also get through the process more quickly and efficiently.
Traffic Violation FAQs
The following FAQs will hopefully give you a better idea about what you’re facing if you’re accused of your first traffic violation.
Can I Just Pay a Traffic Ticket Without Appearing in Court?
Yes, you can usually pay a fine online without a court appearance if the ticket does not require an appearance. However, it’s still a good idea to speak to a lawyer first if you wish to maintain a clean driving record.
So, if you receive a speeding ticket, you don’t necessarily have to go to court. Only higher traffic offenses lead to mandatory court dates.
However, it’s important to remember that if you want your case dismissed or don’t want to be found guilty, you will have to go to court.
How Long Does a Traffic Ticket Stay on Your DMV Record?
A traffic ticket might remain permanently on your Department of Motor Vehicles (DMV) history if you’re convicted.
How Long Does a Ticket Affect What You Pay for Insurance?
Usually, a ticket will increase your insurance premiums for three to five years. What you’ll pay depends on the policy and the severity of the violation.
Is It Possible to Pay for the Removal of Points on Your Driver’s License?
No, this is not an option. You must avoid points to begin with.
How Might an Attorney Negotiate a Speeding Violation?
Your lawyer might negotiate down your charge to an offense with zero points and a higher monetary penalty. (This is just an example of what a lawyer can do if you want to maintain future insurance costs or wish to avoid points.)
Contact a Traffic Defense Lawyer About Your Case Now – Don’t Delay
In most cases, it helps to get an objective legal opinion before paying a ticket and pleading guilty to a traffic offense. Learn more about your options by contacting a traffic defense lawyer today. Arrange a time for a case review and consultation right away.
When you schedule a consultation with a traffic lawyer, you can expect to receive advice and guidance tailored to your specific case. During the consultation, the lawyer will carefully review the details of your traffic ticket, including the circumstances surrounding the violation and any evidence that may exist.
They will ask you questions about your driving history, the events leading up to the ticket, and any previous legal issues you may have had. This information will help them understand the full context of your case and determine the best defense strategy to pursue.
Once the lawyer has gathered all the necessary information, they will provide you with an honest assessment of your options and the potential outcomes of each. They will explain the relevant traffic laws and regulations that apply to your case and outline the potential defenses they might use.
You can also expect the traffic lawyer to provide guidance on the steps you should take moving forward. They may recommend gathering additional evidence or witness statements, or suggest alternative options such as plea bargains or traffic school.
By consulting a Clifton criminal defense lawyer, you are putting yourself in the best position to achieve the most favorable outcome. With their experience and representation, you can feel confident in making informed decisions about how to proceed with your traffic ticket defense. So don’t hesitate to schedule a consultation and get the legal support you need.