by Lindsay Bernstein

How to Get a DWI Dismissed in New York

Driving While Intoxicated (DWI) charges can have serious consequences, including hefty fines, license suspension, and even jail time. However, with the right lawyer, you can get your DWI dismissed in New York. This blog will explain the laws and what a DWI defense attorney can do for you, including mounting a solid defense.

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BAC Levels and DWI

In New York, DWI laws make it illegal for a person to operate a motor vehicle with a 0.08 percent or higher Blood Alcohol Content (BAC) level. Even if your BAC is below 0.08 percent, you can still face charges if law enforcement determines that alcohol or drugs impaired your ability to drive.

Why You Need a DWI Defense Attorney

The first step in fighting a DWI charge is to hire an attorney with extensive experience in DWI cases. A DWI defense lawyer can help navigate the legal process, assess the strength of the prosecution’s case, and develop a defense strategy tailored to your specific circumstances.

Attempting to handle a DWI charge alone can be overwhelming and may result in less favorable outcomes.

Potential Penalties

Always hire a lawyer to try to dismiss your DWI in New York because of the severe penalties:

• Fines ranging from hundreds to thousands of dollars
• License suspension or revocation
• Mandatory participation in alcohol education programs
• Imprisonment, particularly for repeat offenders or those involved in accidents resulting in injury or death.

Other Rights Violations

Additionally, violations of Miranda rights or denial of legal representation can seriously affect the admissibility of evidence in court. Miranda rights, guaranteed by the Fifth Amendment, require law enforcement officers to inform people they’re arresting of their right to remain silent and their right to an attorney before conducting custodial interrogations.

Failure to provide these warnings or denial of access to legal representation can render any statements the defendant made inadmissible during the arrest. This can significantly weaken the prosecution’s case and may ultimately lead to the dismissal of the charges.

To mount an effective defense against a DWI charge, exploring all possible avenues for dismissal is essential. Your lawyer may, for instance, challenge the validity of the arresting officer’s actions, scrutinize the reliability of chemical testing results, and present evidence that undermines the prosecution’s case.

An experienced attorney can identify weaknesses in the prosecution’s arguments and leverage them to your advantage.

Negotiating a Plea Bargain

If dismissal efforts do not succeed, your attorney may negotiate with the prosecution for a plea bargain. Your lawyer may recommend pleading guilty to a lesser offense, such as a reduced charge of driving while impaired (DWAI), in exchange for more lenient penalties. While a plea bargain may not result in a complete DWI dismissal in New York, it can mitigate some of the consequences associated with conviction.

The following is information on how your attorney may attempt to negotiate a reduced charge.

Mitigating Factors

Your attorney may highlight mitigating factors, such as the fact you don’t have a criminal record. They can also highlight your positive contributions to the community or cooperation with law enforcement.

By presenting you in a favorable light, the attorney aims to persuade the prosecutor to consider a more lenient plea deal.

Challenging the Case Against You

Another strategy is to challenge the strength of the prosecution’s case. Your attorney will analyze the evidence, including BAC test results and witness statements, for any weaknesses or inconsistencies.

The attorney may use doubts about the reliability of the evidence or the legality of the arrest as leverage to negotiate a plea bargain that reduces charges or penalties.

Explaining the Benefits of a Plea Bargain

Defense lawyers often emphasize the potential benefits of a plea bargain for both parties. By avoiding a lengthy and costly trial, prosecutors can conserve resources and allocate them to other cases. Meanwhile, defendants may benefit from reduced charges or penalties, sparing them from harsh consequences such as license suspension or incarceration.

Alternatives to Jail Time

Another effective strategy is to propose alternative resolutions that address the underlying issues contributing to the DWI offense. This may involve participating in alcohol education programs, attending counseling or rehabilitation, or performing community service.

If you demonstrate a commitment to addressing the root causes of the offense, you can present yourself as a proactive and responsible person deserving of leniency.

Contact a New York DWI Defense Attorney as Soon as You Can

While getting a DWI dismissed in New York is not impossible, it’s very challenging. You need the help of a skilled lawyer. The sooner you get legal help, the better the chances your criminal defense attorney can achieve the best possible outcome in your case.

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by Lindsay Bernstein

Appealing a Suspended CDL in New York

Suspension of a commercial driver’s license (CDL) in New York can have severe consequences for those who rely on their CDL for their livelihood. Understanding what a CDL suspension entails, the common reasons for suspension, and the process of appealing a suspended CDL in New York is crucial for drivers facing this situation.

The following is a look at the process of appealing a suspended CDL in New York, including the importance of appealing, common reasons for suspension, and steps to appeal. You’ll also learn about the possible outcomes of the hearing and the role a skilled New York license suspension DUI defense attorney can play in increasing your chances of getting back your CDL.

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What is a CDL Suspension?

A CDL suspension occurs when the New York Department of Motor Vehicles (DMV) revokes a commercial driver’s license for violations or other reasons outlined in state laws and regulations. When a CDL is suspended, the driver can’t operate commercial motor vehicles (CMVs) for a specified period. This suspension can significantly impact employment, income, and daily life.

Common Reasons for a CDL Suspension

Several factors can lead to the suspension of a CDL in New York. Some of the most common reasons include:

• Accumulation of driving record points: Like standard driver’s licenses, CDL holders accumulate points on their driving records for traffic violations and other infractions. Exceeding the maximum allowable points within a certain period can result in CDL suspension.
• Driving under the influence (DUI): Operating a commercial vehicle under the influence of alcohol or drugs is a serious offense that can lead to CDL suspension or revocation.
• Traffic violations: Repeated or severe traffic violations, such as speeding, reckless driving, or failure to obey traffic signals, can lead to a driver losing their CDL.
• Failure to maintain required documentation: CDL holders must comply with various regulations, including maintaining valid medical certifications, endorsements, and vehicle registrations. Failure to meet these requirements can lead to suspension.

Steps to Appeal a Suspended CDL in New York

The process of appealing a suspended CDL in New York involves several steps:

• Contacting the New York DMV: Upon receiving notification of CDL suspension, drivers should contact the New York DMV to inquire about the appeals process and request a hearing.
• Obtaining a hearing request form: The DMV will provide drivers with a hearing request form, which they must complete and submit along with any required documentation. Drivers must accurately complete the hearing request form, providing relevant information about the suspension and any supporting evidence.
• Paying any required fees: Some appeals may require payment of fees, which you must submit along with the hearing request form.
• Requesting a hearing date: Once the form and documentation are submitted, drivers must request a hearing date from the DMV.
• Preparing for the hearing: In preparation for the hearing, drivers should gather evidence, review relevant laws and regulations, and consider consulting with a skilled attorney with experience in appealing a suspended CDL in New York. 
• Attending the hearing: On the scheduled hearing date, drivers must appear before an administrative law judge to present their case, provide evidence, and respond to any questions.

Possible Outcomes of the Hearing

The outcome of a CDL suspension appeal hearing can vary depending on the circumstances of the case. Possible outcomes include:

The Judge Upholds the Suspension 

If the administrative law judge determines that the suspension is justified based on the evidence presented, they’ll uphold it. If that happens, the driver’s CDL will remain suspended for the specified period.

The Judge Overturns the Suspension 

The administrative law judge can find insufficient evidence to support the suspension or determine someone violated the driver’s rights during the process. They may overturn the suspension and reinstate the driver’s CDL.

The Judge Modifies the Suspension Terms

In some cases, the judge may modify the terms of the suspension. This modification can mean the judge reduces the duration. However, it can also mean imposing additional requirements for reinstatement.

How a Skilled NY License Suspension Attorney Can Help 

Hiring an experienced attorney can increase your chances of successfully appealing a suspended CDL in New York. Skilled lawyers have in-depth knowledge of New York’s traffic laws and regulations and experience representing clients in administrative hearings.

An attorney can help in the following ways:

• Providing legal guidance: A license suspension lawyer can explain the appeals process, advise you on your rights and options, and help you understand the potential outcomes of your case.
• Gathering evidence: Your attorney can gather relevant evidence, such as witness statements, documentation of mitigating circumstances, and expert testimony, to support your case.
• Presenting arguments: During the appeal hearing, a lawyer can present compelling arguments on your behalf, advocating for the suspension to be overturned or modified based on the evidence they present.
• Cross-examining witnesses: An attorney can cross-examine witnesses presented by the DMV or other parties, challenging their testimony and highlighting inconsistencies or inaccuracies.
• Negotiating settlements: In some cases, a lawyer may negotiate a settlement with the DMV or other parties, resolving the appeal without needing a formal hearing.

Skilled attorneys play a vital role in appealing a suspended CDL in New York, advocating for their rights and working towards a favorable outcome.

A New York CDL Suspension Lawyer is Waiting to Tell You More

When appealing a suspended CDL in New York, you need skilled legal representation to have the best chance of achieving a positive outcome. Hiring an experienced New York criminal defense lawyer can be the difference between losing your job and continuing to provide for those you love.

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by Lindsay Bernstein

Failure to Respond to a Ticket / Failure to Pay a Ticket in NY

Getting a traffic ticket can be a frustrating experience. However, it’s important to handle it properly. Ignoring a ticket or not paying it on time in New York can lead to serious consequences. In this post, we’ll explore what it means to fail to respond or pay a traffic ticket, the laws surrounding it, the potential consequences, and why hiring a New York State traffic ticket lawyer can be a wise decision.

The Law in New York

Under New York State law, failing to respond to a traffic ticket or to pay a fine is a violation. The Traffic Violations Bureau (TVB) in New York City typically handles traffic tickets or local courts in other parts of the state. The ticket should clearly state legal requirements and deadlines.

Consequences of Not Responding or Paying a Traffic Ticket in New York

Not responding to or paying a traffic ticket in New York can lead to several significant consequences. These include:

Driver’s License Suspension

Failing to respond to a traffic ticket within the required timeframe can result in the New York Department of Motor Vehicles (DMV) suspending your driver’s license. This suspension means you lose your driving privileges and must go through an administrative process, including paying a fee, to reinstate your license. A suspended driver’s license can greatly affect your daily life, impacting your ability to commute to work or school​​​​​​.

Financial Penalties

Ignoring a traffic ticket or missing a court date can incur additional financial penalties. If your driver’s license is suspended for ignoring a ticket, you must pay a $70 suspension termination fee for each ticket leading to your suspension. This can add up quickly, especially if you have multiple outstanding tickets, and can become a significant financial burden​​​​.

Impact on Credit Score

Not responding to a traffic ticket can also affect your credit score. If you fail to pay fines and surcharges, your case might transfer to a debt collection agency, which can negatively impact your credit report. This can make it more difficult to secure loans or credit in the future. Debt collection agencies may also add additional fees and penalties, increasing the overall cost​​.

Additional Charges and Arrest

Driving with a suspended license due to failing to respond to a traffic ticket is illegal. You can face serious consequences, including criminal charges, fines, and potentially jail time if caught. Responding to your citation and taking the necessary steps to reinstate your driver’s license after a suspension ​​is imperative.

Default Conviction

If you ignore a traffic ticket and fail to respond within the required timeframe, you might be convicted by default. This means you will be found guilty without the opportunity to present your case before a judge. A default conviction can result in fines, points on your driving record, and even the suspension or revocation of your driver’s license​​. Here is an application to reopen a default conviction if this has happened to you.

Increased Insurance Premiums

Convictions from traffic tickets are reported to the New York State DMV and sometimes to your insurance carrier. Insurance companies often increase rates for customers with moving violations on their records. Your insurance premiums can significantly increase, making it more costly to maintain car insurance​​.

Why Hire a Lawyer?

Handling a traffic ticket in New York can be more complicated than it appears. Many people might consider dealing with it alone to save on costs, but there are compelling reasons why seeking legal assistance can be beneficial:

Court Representation

Should you choose to contest your ticket, a lawyer experienced in traffic cases knows the court processes and can effectively represent your interests. They are skilled in presenting arguments, questioning witnesses, and providing evidence that may not be apparent to someone without legal training.

Skilled Negotiation of Penalties

One of the benefits of having a lawyer is their ability to negotiate with prosecutors and the court. Often, a lawyer can negotiate reduced fines or alternative penalties, such as attending a defensive driving course instead of direct financial penalties. In situations where license suspension is possible, an attorney might negotiate terms to avoid or minimize this outcome.

Resolution of the Case

A lawyer does more than just handle the immediate issue of the ticket; they look at the broader implications to protect your future interests. This includes considering the impact on your driving record, insurance premiums, and potential employment consequences. By addressing all aspects of the case, a lawyer helps avoid future legal or financial problems arising from an unresolved or poorly managed traffic ticket.

Assurance and Peace of Mind

Dealing with legal issues can be stressful. Having a lawyer handle your traffic ticket case brings peace of mind, knowing that a professional is looking out for your best interests. You can rest assured that someone is following all necessary procedures and meeting deadlines, reducing the anxiety and uncertainty that often accompany legal proceedings.

Personalized Legal Strategy

Every traffic ticket case is unique, and a lawyer can provide a personalized approach to your situation. They can offer advice tailored to your specific circumstances, considering factors like your driving history and the particulars of the alleged violation. This personalized strategy can significantly affect the outcome of your case, ensuring that it is resolved in the most favorable way possible.

Contact a New York Traffic Ticket Lawyer

If you’ve failed to respond to or pay a traffic ticket in New York, it’s wise to address the situation promptly to avoid further complications. Don’t hesitate to reach out today for a consultation.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Failure to Appear In NY Traffic Court – VTL 226(3)

If you’ve ever had to deal with traffic court in New York, you know it’s not exactly a walk in the park. Things can get even more tangled if you miss your court date. That’s where understanding Vehicle and Traffic Law (VTL) 226(3) comes into play. This law kicks in when someone doesn’t show up for their traffic court appointment. So, what does this mean for you if you find yourself in this situation? Let’s look at what you need to know and the steps you can take.

What Does VTL 226(3) Entail?

Under New York’s Vehicle and Traffic Law (VTL) 226, significant details are laid out for those who face traffic violations and for what happens if they fail to appear in court or respond to a summons.

Summons and Complaint Process

VTL 226 authorizes the commissioner to establish the form and procedures for summons and complaints related to traffic violations (VTL 226[1]​​). This framework is essential as it standardizes how traffic violations are reported and processed.

Responding to a Summons

If you receive a summons for a traffic violation, VTL 226 outlines how you can respond:

• Personal Appearance: Generally, you must appear in person on the return date at the specified time and place (VTL 226[2][a]​​).
• Answer by Mail – Admitting the Charge: If you admit the violation, you can respond by mail using a form provided by the commissioner. This submission includes the form, summons, and if required, a part of your license. Additionally, you must include a check or money order for the penalty amount if it’s stated on the form (VTL 226[2][b]​​).
• Answer by Mail – Denial of Charges: You can also respond by mail if you deny the charges. You’ll need to complete a form for this purpose and send it with the summons to the specified department office. The department will then enter your response and set a hearing date, notifying you by mail (VTL 226[2][c]​​).

Why Does This Matter?

The ability to drive impacts numerous aspects of your everyday routine.

Consider how important driving is to your professional life. For many, commuting to work requires driving. A suspended license can have immediate and severe implications for your income and career.

This situation can escalate into difficulty in meeting financial obligations, such as rent, mortgage, or other essential bills.

Beyond professional life, think about your personal and family responsibilities. Daily tasks, like grocery shopping, attending medical appointments, or ferrying children to school and extracurricular activities, often require a car. A suspension can disrupt these routines, posing significant challenges to managing family responsibilities and maintaining personal relationships.

Also, public transportation may not always be a viable alternative, especially in areas where it’s limited or non-existent. This lack of accessibility can further compound the difficulties in managing both professional and personal commitments.

You should also never underestimate the emotional and psychological impact of losing your driving privileges. The loss of independence and the added stress of figuring out alternative means of transportation can take a toll on your mental well-being.

This is why it’s so important to handle traffic tickets and related court appearances with the utmost responsibility. The consequences of a driving license suspension reach far beyond the inability to operate a vehicle; they ripple out, affecting many facets of your life.

What Should You Do If You Miss Your Court Date?

• Act Quickly: Time is of the essence. The sooner you respond to the situation, the better your chances of resolving it favorably.
• Check Your Status: Verify if your license has been suspended. You can do this through the New York DMV website or by contacting the court.
• Understand Your Options: You may have different options depending on your situation. This can include rescheduling your court appearance or paying a fine.
• Seek Legal Advice: This is where the guidance of a knowledgeable professional can be valuable.

How Can a Lawyer Help?

A lawyer experienced in traffic law can deal with traffic court and the nuances of VTL 226(3). They can:

• Provide Counsel: They know the law and can explain your rights and options.
• Negotiate on Your Behalf: An attorney can negotiate a better outcome with the court.
• Handle Paperwork and Deadlines: They can ensure all necessary paperwork is filed correctly and on time.

Take the Next Step

If you’ve missed your traffic court date and are unsure what to do next, seeking legal advice is wise. A lawyer can assess your situation, guide you through your options, and work towards resolving the issue to minimize the impact on your life. Remember, the sooner you address the situation, the better your chances of a favorable outcome.

Don’t let a missed traffic court appearance complicate your life. Contact a New York State traffic ticket lawyer today to discuss your case and find out how they can help you. Your peace of mind and driving privileges are too important to leave to chance.

by Lindsay Bernstein

Failing to Respond To A Traffic Ticket in NJ

Getting a traffic ticket is a common experience for many drivers. However, what happens if you don’t respond to a traffic ticket in New Jersey? It’s important to understand the consequences and your options. Start by consulting a New Jersey traffic ticket defense lawyer.

Understanding the Statute

In New Jersey, the law mandates a response to a traffic ticket within a specified period. Various statutes and court rules govern this requirement. While no specific statute directly states the obligation to respond to a traffic ticket within a set timeframe, the overall process is set out in Title 39 of the New Jersey Revised Statutes and New Jersey Court Rule 7:12.

Title 39: Motor Vehicles and Traffic Regulation

Title 39 of the New Jersey Revised Statutes covers many motor vehicle and traffic regulations. This title encompasses a range of rules, from vehicle registration to driving under the influence, and is a key source of law for traffic-related offenses in New Jersey​​​​.

New Jersey Court Rule 7:12

Rule 7:12, particularly section 7:12-4, outlines the functioning of the Violations Bureau in New Jersey. This bureau is responsible for handling non-indictable offenses, which typically include traffic violations. The rule specifies how the violations clerk can accept appearances, waiver of trial, pleas of guilty, and payments of fines and costs. Importantly, it also addresses the procedures for responding to summonses for traffic offenses​​.

What This Means for Responding to Traffic Tickets

When you receive a traffic ticket in New Jersey, it’s crucial to respond within the time frame indicated on the ticket, usually within 30 days. According to Rule 7:12-4(d), a person charged with an offense within the authority of the violations clerk may pay the established fines, costs, and penalties either by mail or in person to the violations clerk on or before the return date of the summons. This action is considered a plea of guilty and waives the right to a trial. However, if the summons is marked to indicate that a court appearance is required, payment cannot be made to the violations clerk, even if the offense is on the Statewide Violations Bureau Schedule.

Suspension of Driving Privileges

Another consequence of not responding to a traffic ticket is the suspension of your driver’s license. The New Jersey courts will notify the Department of Motor Vehicles to suspend your driving privileges. This suspension is immediate and can affect your ability to renew a driver’s license, even one issued by another state​​.

Additional Charges and Penalties

Failing to appear in court can escalate the legal issue significantly. It can result in a suspension of driving privileges, issuing an arrest warrant, revocation of bail, and potentially losing the right to have your case heard. For traffic violations, if it’s the first missed court date, a failure to appear notice is sent out, and failure to comply with this notice can lead to an arrest warrant and license suspension​​.

Financial Repercussions

If you don’t pay the fines and penalties imposed by a New Jersey traffic court, the first step is usually a notice ordering you to appear in court and explain why you haven’t paid. Ignoring this hearing can result in an arrest warrant or suspension of your driver’s license. Additionally, the court can convert unpaid penalties into jail time, including fines and other financial obligations like court costs, Safe Neighborhood Assessments, and Violent Crime Compensation Board payments. The court has the discretion to impose jail time if it deems fit, highlighting the seriousness of not addressing traffic fines and penalties​​.

The Importance of Taking Immediate Action

If you cannot attend your court date for valid reasons, inform the court immediately and try to reschedule. Ignoring the situation or failing to appear in court can lead to severe consequences.

It’s also advisable to contact a New Jersey traffic ticket attorney, especially if you’re facing challenges in managing the situation. An experienced attorney can assist in fighting the charges and avoiding conviction, and they become even more necessary if a court date is missed.

How a Defense Lawyer Can Help

Consulting with a lawyer is a good first step if you’ve missed the deadline or are overwhelmed. Here’s how a lawyer can assist:

• Navigating Legal Procedures: Lawyers understand the legal system and can guide you through the process of responding to your ticket, even if the deadline has passed.
• Negotiating Penalties: Experienced lawyers can negotiate the penalties or fines, making them more manageable.
• Representing in Court: If your case goes to court, a lawyer can represent you, advocating for the best possible outcome.

What You Should Do

If you have a traffic ticket in New Jersey, here are some steps you should take:

• Respond Promptly: Whether you decide to pay the fine or contest the ticket, make sure to respond within the given deadline.
• Consider Legal Advice: Getting legal advice can be beneficial if you’re unsure about how to proceed or if you’ve missed your deadline.
• Prepare for Court: If you choose to contest the ticket, prepare for your court appearance or have a lawyer represent you.

Contact a NJ Traffic Defense Lawyer

Dealing with a traffic ticket can be stressful, but you don’t have to handle it alone. If you’re facing issues related to a traffic ticket in New Jersey, seeking legal help can make a significant difference. Don’t hesitate to reach out for assistance.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Do I Need To Hire a Traffic Ticket Attorney?

Traffic tickets are not something to take lightly. They can have serious implications for your driving record, your insurance rates, and your wallet. It is best to consult a traffic ticket attorney if you receive a citation for a driving violation.

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What Are the Consequences of Traffic Tickets?

Traffic tickets can have many consequences that extend far beyond the initial fine. Understanding these effects can help you make an informed decision about handling a traffic ticket.

Points on Your Driving Record

Accepting a traffic ticket and paying the fine is often an admission of guilt. This admission typically results in points on your driving record. Each state has its own point system, but the underlying principle is the same: accumulate too many points, and you risk license suspension. These points are a mark against your driving record and can remain there for several years, affecting your driving privileges and presenting an ongoing reminder of your infraction.

Increased Insurance Premiums

One of the most immediate and noticeable consequences of traffic tickets is the rise in car insurance premiums. Insurance companies use your driving record as a key factor in determining your insurance rates. Points on your record signal to insurers that you may be a higher-risk driver. As a result, you can expect an increase in your insurance costs, which can be substantial and long-lasting. In some cases, this cost increase over time can far exceed the original amount of the traffic fine, leading to a significant financial burden.

Potential for License Suspension

Accumulating points on your driving record isn’t just about higher insurance rates; it can also lead to the suspension of your driving privileges. This is particularly true for more serious violations or accumulating multiple infractions over a short period.

Losing your license can profoundly affect your daily life, affecting your ability to commute to work, perform errands, and maintain your social and family commitments. The process of reinstating a suspended license can be both time-consuming and costly.

Risk of Increased Fines and Penalties

While the initial fine associated with a traffic ticket might seem manageable, there can be additional financial penalties down the line. In some jurisdictions, accumulating points can lead to surcharges, additional fines, or even court costs if the matter escalates. For more serious offenses, such as DUI or reckless driving, the financial penalties can be even more severe, including expensive fines and legal fees.

Legal Ramifications and Criminal Charges

Traffic violations can escalate beyond civil infractions and into criminal charges in certain circumstances. This is particularly true for serious offenses such as DUI, hit-and-run incidents, or reckless driving. Facing criminal charges can lead to many legal issues, including the potential for jail time, probation, mandatory driving courses, or community service. The implications of having a criminal record can be far-reaching, affecting employment opportunities, travel options, and overall reputation.

Of course, not every traffic ticket requires an attorney, but some situations may warrant their counsel. For example, you may want to hire a traffic ticket attorney if:

• You have a commercial driver’s license (CDL): CDL holders face stricter rules and harsher penalties for traffic violations, which can jeopardize their livelihood. A traffic ticket attorney can protect your CDL and your career whenever possible.
• You have a prior record of traffic violations: If you have accumulated too many points on your license or have previous convictions for serious offenses, such as DUI or reckless driving, you may face enhanced penalties or license revocation. A traffic ticket attorney can often eliminate or minimize these consequences.
• You are facing a serious charge: Some traffic violations are considered criminal offenses, such as hit-and-run, vehicular manslaughter, or driving with a suspended license. These charges can carry large fines, jail time, or probation. A traffic ticket attorney can fight these charges and protect your rights.

As you can see, a traffic ticket attorney can be a valuable asset in dealing with a traffic ticket. They can explain the law, challenge the evidence, find the best solution, and reduce the impact on your life. If you ever receive a traffic ticket, don’t hesitate to contact a traffic ticket attorney for a consultation. They may save you a lot of time, money, and trouble.

Taking the Next Step: Seeking Legal Assistance

If you’re facing a traffic ticket, it’s important to consider all your options. An experienced traffic ticket attorney can offer a consultation to discuss the specifics of your case and provide guidance on the best course of action. Remember, the goal is to protect your driving record and financial well-being, and seeking professional help is a step in the right direction.

While hiring a traffic ticket attorney depends on individual circumstances, the benefits of professional legal assistance are clear. An attorney can help mitigate a traffic ticket’s financial and legal consequences, providing peace of mind and potentially saving you money and stress in the long run. If you’re unsure how to proceed with a traffic ticket, contacting a qualified attorney is a sensible first step.

by Lindsay Bernstein

The Real Cost of a NY Traffic Ticket

When you see those flashing lights in your rearview mirror and receive a traffic ticket in New York, it’s easy to think it’s just a minor hiccup, a simple fine to pay. However, the true cost of a traffic ticket in New York can go beyond just a monetary penalty. Let’s go over these consequences one by one and see how having a NY traffic ticket lawyer can make a difference.

But it doesn’t stop there.

Your car insurance rates may increase as a result of the violation. Insurance companies often view traffic violations as indicators of risky driving behavior, leading to higher premiums for drivers with bad records. This can affect your insurance costs for years to come.

However, you don’t have to accept the ticket and its consequences without a fight.

A lawyer can work to reduce the charges or even get them dismissed, potentially saving you from expensive fines and surcharges. A lawyer can also help avoid points on your license, which can lead to license suspension or revocation if you accumulate too many. By hiring a lawyer, you can protect your rights and your finances from the negative effects of a traffic ticket.

Points on Your Driving Record

In New York, when it comes to understanding the implications of traffic tickets, one aspect that often goes unnoticed is the points system on your driving record. Every time you’re found guilty of a traffic violation, a certain number of points gets added to your record. These aren’t just numbers; they carry significant weight. The New York State Department of Motor Vehicles uses this points system to identify and take action against high-risk drivers.

Different violations carry different points. For a clearer picture, consider a speeding ticket. If you’re convicted of speeding up to ten mph over the limit, that can add three points to your record. The points increase with the severity of the offense. These points start accumulating and, if not addressed, can swiftly add up to a level where they pose a real problem. In New York, if you rack up 11 points within 18 months, this can lead to the suspension of your driving privileges. Imagine the inconvenience and disruption to your daily life if you suddenly find yourself unable to drive.

An experienced lawyer can challenge the points assigned to your violations in several ways. Sometimes, they might argue the specifics of your case, questioning the accuracy of the evidence or the validity of the traffic stop. Other times, they might negotiate to reduce the charges, which can lead to fewer points on your record. In certain situations, they might even get the charges dismissed entirely.

The goal of your lawyer in these circumstances is not just to save you from the immediate inconvenience or fines but to keep your long-term driving record in good standing. This is important because a clean driving record is essential for many aspects of life, from employment opportunities to insurance rates.

For those interested in understanding more about the New York State DMV’s points system, including the specific points for different violations, the New York State DMV website offers a comprehensive and detailed explanation. You can find this information on their official site, and it’s a valuable resource for any driver in New York.

Risk of Getting Your License Suspended

Certain violations, or a series of violations, can lead directly to license suspension or revocation. Losing your driving privileges can disrupt your daily life, affecting your ability to commute, perform job duties, or attend to important personal obligations.

A lawyer can present a strong defense or negotiate alternative penalties that may prevent license suspension.

Employment Consequences

Traffic violations can be particularly troublesome for those whose jobs require a clean driving record. Professional drivers, delivery personnel, or anyone using a company vehicle can face employment consequences. Legal assistance gives you a better chance of keeping your driving record clean, thus protecting your employment status.

Long-Term Effects

In New York, traffic violations can have long-term effects on your driving record and background checks. According to the New York State Department of Motor Vehicles, most traffic violation convictions are displayed on your driving record for three additional years beyond the remainder of the year when the conviction or accident occurred. However, some serious violations, such as DWI or DWAI, can remain on your record for 10 to 15 years or even permanently.

A bad driving record can make you appear less trustworthy, responsible, or reliable to potential employers, landlords, or lenders. It can also affect your eligibility for certain licenses, permits, or certifications. For example, some jobs may require a clean driving record as a condition of employment, or some housing applications may ask for your driving history as part of the screening process. If you have traffic violations on your record, you may face difficulties or disadvantages.

Lawyers can potentially minimize the long-term effects of a traffic ticket on your record.

Need Assistance? 

If you’re facing a traffic ticket in New York, remember you don’t have to face it alone. A lawyer can work with you towards the best possible outcome. Reach out to a lawyer for guidance and support in managing the consequences of your traffic ticket and work together to minimize its impact on your life.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

What to Do If You Lose Your Traffic Ticket in New Jersey

Losing a traffic ticket can be a stressful experience, especially when you’re unsure what steps to take next. If you find yourself in this situation in New Jersey, don’t worry – there’s a clear path to resolving this issue. This article will walk you through the New Jersey-specific protocol, explain how a New Jersey traffic ticket lawyer can help, and provide the necessary contacts to address your lost traffic ticket.

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Step 1: Don’t Panic, Gather Information

First and foremost, stay calm. It’s important to gather any information you can remember about your ticket. Try to recall the date and location of the offense, the police department involved, and any other details that might be pertinent. This information will be crucial in the steps ahead.

Step 2: Contact the Municipal Court

In New Jersey, traffic tickets are handled by the Municipal Court in the area where the violation occurred. You’ll need to contact the court directly. If you’re unsure which court to contact, you can use the New Jersey Courts website to find the appropriate municipal court based on the location of your violation. When you contact the court, explain that you’ve lost your ticket and provide them with the information you’ve gathered. They can locate your case and give you details about your ticket and any scheduled court dates.

Step 3: Understand Your Ticket and Deadlines

Once you’ve retrieved the details of your ticket, it’s important to understand what you’re being charged with and the deadlines for responding. Traffic tickets in New Jersey typically require you to either pay a fine or appear in court by a specific date. Missing these deadlines can result in additional penalties, so it’s wise to stay on top of them.

Step 4: Consider Legal Assistance

While many people choose to handle traffic tickets on their own, consulting with a lawyer can be beneficial, especially if you’re facing significant charges or have unique circumstances. A lawyer can explain the legal implications of your ticket, advise you on the best course of action, and represent you in court if necessary. They can also assist in negotiating with the court to potentially reduce your charges or penalties.

Step 5: Prepare for Your Court Date or Payment

If you decide to pay the fine, you can usually do this online, by mail, or in person at the court. If you choose to contest the ticket and appear in court, make sure to prepare any relevant documents or evidence you might need. Whether you’re paying or appearing in court, make sure to meet all deadlines to avoid further complications.

Utilize Online Resources for Case Search

The New Jersey Courts offer an online Municipal Court Case Search (MCCS), which is a fast, secure, and convenient way to look up Municipal Traffic or Complaint information online. For this, you will need either your ticket number, complaint number, driver’s license number, or name. The MCCS can be accessed at this link: Municipal Court Case Search​​.

Accessing Self-Help Resources

New Jersey Courts also provide a self-help section for Municipal Court matters. This section offers various tools and information to assist in managing or resolving municipal court cases. You can find municipal court contact information, frequently asked questions, and other valuable resources. For more information, visit the Municipal Court Self-Help page​​.

Using the NJMCDirect Ticket System

If you don’t have your ticket number, the NJMCDirect Ticket System can help. You’ll need the court ID number, the ticket number, and your license number. This system allows you to find a traffic or parking ticket, pay fines, plead not guilty, or request a different court date. The NJMCDirect Ticket System is available here: NJMCDirect Ticket System​​.

How to Prevent Losing Traffic Tickets in the Future

Here are some practical tips on ensuring that your traffic tickets don’t get lost in the shuffle of daily life.

One effective method is to embrace the digital age. Setting digital reminders can be a lifesaver in today’s world, where our phones are almost always within arm’s reach. As soon as you receive a traffic ticket, take a moment to enter the details into your phone’s calendar or a reminder app. Include the due date for your response, whether it’s paying a fine or appearing in court, and set the reminder a few days before the deadline. This digital nudge can help keep you on track.

Organizing paperwork is another step. While digital reminders are helpful, having a physical copy of your ticket in a safe, memorable place is just as important. Designate a specific folder or space in your home for such important documents. It might be a drawer, a file cabinet, or a binder. The key is consistency – always put important documents like traffic tickets in the same place. This way, you know exactly where to look when you need them.

In addition to these methods, the sooner you deal with a traffic ticket, the less likely you are to lose or forget about it. If you decide to pay the fine, doing so immediately can prevent the ticket from getting buried under other paperwork or lost in daily clutter. If you’re contesting the ticket, initiating the process promptly gives you ample time to prepare your case or seek legal advice if necessary.

Need Further Assistance? Consider a Traffic Defense Lawyer

If you feel overwhelmed or uncertain about handling your lost traffic ticket in New Jersey, remember that legal assistance is available. A lawyer can guide you through the process, ensure you meet all legal requirements, and achieve the best possible outcome for your situation.

Remember, losing your traffic ticket isn’t the end of the world. With the right steps and possibly the assistance of a legal professional, you can resolve this issue efficiently and effectively.

by Lindsay Bernstein

Buzzed Drinking and Driving

If you or someone you know is dealing with a buzzed drinking and driving charge, you need to understand what this means and how it can impact your life. Driving with any level of impairment can lead to serious legal consequences. While the term “buzzed” might sound less serious than “drunk,” in the eyes of the law, it can be just as significant.

If you’re facing legal issues related to DUI/DWI, it’s crucial to consult with a knowledgeable DUI/DWI lawyer who can provide guidance tailored to your situation.

Possible Penalties for Offenders

When someone is charged with buzzed driving, the potential penalties can vary widely, depending on several factors, such as the severity of the offense, the jurisdiction, and whether it’s a first-time or repeat offense.

Generally, you may face consequences such as fines, which can range from a few hundred to several thousand dollars. The exact amount depends on the specific laws of your state or locality.

Another common penalty is license suspension or revocation. This means losing the legal right to drive for a certain period, anywhere from several months to a few years. In some cases, a permanent revocation of driving privileges is possible, especially for repeat offenses.

Jail time is also a potential consequence, particularly for more serious cases or repeat offenses. The duration of incarceration can vary from a few days to several years in the most severe instances.

Some jurisdictions mandate participation in educational programs or rehabilitation, especially for first-time offenders. These programs aim to educate about the risks of impaired driving and often include substance abuse evaluation and treatment.

Additionally, community service is a common penalty, requiring people to give a certain number of hours of service to the community.

Probation is another possibility, where you can remain in the community under supervision and certain conditions, like regular check-ins with a probation officer and refraining from alcohol use.

Lastly, there may be an impact on your auto insurance. Often, individuals charged with buzzed driving see an increase in their insurance premiums, sometimes significantly so, as they are considered high-risk drivers.

These penalties can have a long-lasting impact on your life, so seeking legal guidance is advised in such situations.

The Process: From Arrest to Courtroom

You were driving on the highway when an officer pulled you over. Maybe you were swerving, speeding, or running a red light. Maybe you were stopped at a checkpoint. Whatever the reason, the officer suspected that you were impaired by alcohol or drugs. The officer asked you to leave the car and perform some tests. You had to walk in a straight line, stand on one leg, and follow a pen with your eyes. You also had to blow into a device that measured the alcohol level in your breath. The tests showed that you were impaired. The officer handcuffed you and took you to the police station. You were arrested for impaired driving.

Now, you have to face the consequences. Impaired driving is a serious offense. It can result in fines, points on your license, jail time, and more.

The first step is to go to court. There, you will meet the judge, the prosecutor, and your lawyer. The judge will read the charges against you and ask how you plead. You can plead guilty or not guilty. If you plead guilty, you will accept the penalties and end the case. If you plead not guilty, you will challenge the charges and go to trial. The choice is yours, but you should consult your lawyer before you decide.

Going to court can be stressful, but it’s an important part of the legal process. It’s your chance to defend yourself and protect your rights. You should know the facts, the laws, and the options.

You should also know that you are not alone. Some resources and programs can help you deal with the effects of impaired driving. You can learn more about DUI from your lawyer, the court, or NHTSA. Impaired driving is a mistake, but it doesn’t have to ruin your life. You can get through this.

Possible Defenses: Every Case is Unique

When facing a buzzed driving charge, each case carries its own set of circumstances, and accordingly, unique defense strategies can be available. Here are some common defenses.

Challenging Sobriety Test Validity

A common defense revolves around the sobriety tests conducted by the officer. These tests, including field sobriety exercises and breathalyzer tests, must adhere to strict protocols.

A lawyer will often investigate whether these tests were administered properly. For instance, was the officer trained adequately in conducting these tests? Were the field sobriety exercises performed under fair and appropriate conditions? These details matter and can significantly impact your case.

Accuracy and Calibration of Breathalyzer Equipment

The reliability of the breathalyzer equipment is another important aspect of your case. These devices require regular calibration and maintenance to ensure accurate readings. A lawyer can scrutinize the history and condition of the equipment used in your case. If there are any lapses in the device’s maintenance or calibration, this can be a strong point in your defense, potentially questioning the legitimacy of the BAC reading.

Examining the Traffic Stop Justification

The initial traffic stop is another area a lawyer will closely examine. Law enforcement officers must have a legitimate reason, known as probable cause, to make a traffic stop. If this justification is lacking or questionable, it can render the subsequent evidence inadmissible in court. A lawyer will thoroughly review the circumstances leading to your stop to determine if it was legally justified.

Ready to Talk? Contact a DUI Lawyer Today

If you’re facing a buzzed drinking and driving charge, remember you’re not alone. The right legal support can make a significant difference in your case. Reach out to a traffic ticket lawyer as soon as possible to discuss your situation.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Failing to Yield to a Pedestrian in New York

You were driving in New York City, and you didn’t stop for a pedestrian who had the right of way. Now you have a ticket, and you’re wondering what to do next. Don’t panic. Below, skilled traffic ticket defense lawyers explain the law, the penalties, and how the right legal defense can fight your citation.

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Understanding New York’s Yield to Pedestrian Law

Under New York Vehicle and Traffic Law, Section 1151, drivers have specific obligations to yield to pedestrians:

• In Marked and Unmarked Crosswalks: Drivers must yield to pedestrians in both marked crosswalks and at intersections, which are considered unmarked crosswalks.
• When Pedestrians Have the Signal: At intersections with traffic signals, drivers must yield to pedestrians who have the walking signal.
• During Turns: Drivers making turns must yield to pedestrians crossing in the direction of their turn.
• For Blind Pedestrians: Drivers must exercise extreme caution and yield to blind pedestrians, often identified by the use of a guide dog or a white cane.
• In School Zones and Near Buses: Extra vigilance and yielding are required in school zones and near stopped school buses.
• When Exiting Driveways: Drivers must yield to pedestrians on sidewalks when exiting alleys, buildings, private roads, or driveways.

Building Your Defense

You have been given a ticket for failing to yield to a pedestrian in New York. This is a serious offense that can have consequences for your driving record and your wallet. To fight your citation, you need to know the details of what happened and how they affect your case. Here are some questions you should ask yourself:

• Where did the incident happen? The location of the incident can determine who had the right of way and whether you violated the law. For example, if the pedestrian was in a marked crosswalk or at an intersection, you were required to yield to them. If there were traffic signals, you had to follow them and yield to pedestrians who had a green light or a walk signal. If there were no signals or crosswalks, you still had to yield to pedestrians who were on the same side of the road as you or who were close enough to pose a danger.
• What did the pedestrian do? The actions of the pedestrian can also affect your case. If the pedestrian crossed the street in a sudden or unexpected way, such as darting out from between parked cars or crossing against a red light or a don’t walk signal, you may have a defense that you could not avoid hitting them. However, you still have to prove that you were driving carefully and that you tried to stop or swerve to avoid the collision.
• What were the conditions like? The environmental conditions at the time of the incident can also play a role in your case. Factors such as weather, visibility, and road conditions can affect your ability to see and react to pedestrians. For example, if it was raining, snowing, foggy, or dark, you may have a defense that you had no way of seeing the pedestrian or that you had to brake harder or slower to avoid skidding. However, you still have to show that you were driving at a safe speed and that you had your headlights and windshield wipers on if needed.
• How were you driving? Your driving behavior at the time of the incident is a crucial aspect of your defense. You have to show that you were driving cautiously and responsibly and that you did not break any other traffic laws. For example, if you were speeding, texting, drinking, or running a red light, you will have a harder time convincing the judge that you were not at fault. On the other hand, if you were driving at or below the speed limit, paying attention to the road, and following the traffic signals, you will have a stronger case that you did everything possible to avoid hitting the pedestrian.

These are some of the questions you should think about when preparing your defense for a failing to yield citation. Remember, the burden of proof is on the officer who issued the ticket, and you have the right to challenge their evidence and testimony. A citation lawyer can do that and advise you on the best course of action for your situation. Don’t let a failing to yield citation ruin your driving record and your wallet. Contact a citation lawyer today and find out how they can benefit you.

Contact a New York Traffic Ticket Defense Lawyer Today

If you find yourself facing a citation for failure to yield to a pedestrian in New York, don’t hesitate to seek the advice of a citation lawyer to help you understand the law and ensure the best possible outcome for your case, such as a dismissal or reduction of charges. A traffic ticket defense lawyer can also help negotiate lower fines and avoid points on your license.