by Lindsay Bernstein

Drivers Can Withdraw Guilty Pleas: Here’s How

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

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Why You Should Contact a Traffic Ticket Attorney

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

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

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

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

The court may ask the following questions:

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

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

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

Defective Speed Radar or Camera

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

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

Faulty Traffic Light

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

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

Obstructed or Damaged Stop Sign

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

Mistaken Identity

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

Emergencies

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

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

Lack of Proper Notice

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

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

New Evidence

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

Unavoidable Circumstances

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

Lack of Knowledge

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

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

Misunderstanding or Coercion

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

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

Timing

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

Motion to Withdraw

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

Burden of Proof

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

Hearing

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

The Judge’s Decision

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

Possible Outcomes

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

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

Contact a Traffic Ticket Attorney Today

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

by Lindsay Bernstein

Does My Traffic Ticket Violate My Probation or Parole?

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

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

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The Difference Between Probation and Parole

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

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

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

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

How a Speeding Ticket Can Affect Your Probation or Parole

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Understanding the implications:

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

• Evaluating the ticket:

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

• Developing a defense strategy:

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

• Negotiating with prosecutors:

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

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

• Representing you in court:

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

• Minimizing the impact on your probation or parole:

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

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

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

• Administrative options to consider:

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

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

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

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

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

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

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

• Support and counsel throughout the process:

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

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

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

• Transportation options include:

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

• Providing a perspective and emotional support:

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

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

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

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

by Lindsay Bernstein

Does Shoplifting Stay on Your Record?

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

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

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Getting Charged for Shoplifting in New York

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

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

New Jersey Shoplifting Legislation

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

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

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

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

Punishments for Shoplifting in New York

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

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

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

Punishments for New Jersey Shoplifting Charges

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

Below are the charges and punishments:

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

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

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

Why You Need to Consult with a Shoplifting Attorney

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

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

Case evaluation:

An attorney’s guidance is important, as they:

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

Challenging evidence:

A shoplifting attorney will:

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

Negotiating with prosecutors:

A competent shoplifting lawyer improves outcomes by:

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

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

Exploring legal defenses:

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

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

First-time offender programs:

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

Mitigating factors:

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

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

Technical legal challenges:

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

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

Sentencing advocacy:

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

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

Expungement assistance

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

Protecting your rights:

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

Strategic guidance:

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

Speak to a Shoplifting Lawyer Now

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

by Lindsay Bernstein

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

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

Why You Should Consult with a Traffic Ticket Lawyer

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

Schedule a Free Initial Consultation Today!

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

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

Driver Accountability

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

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

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

Insurance Implications For Both Parties

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

The Driver’s Insurance Costs

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

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

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

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

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

The Vehicle Owner’s Insurance Costs

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

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

Legal Considerations for Drivers and Owners

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

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

Common Traffic Violations

Some common traffic violations include:

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

License Suspension and Revocation 

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

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

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

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

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

Understanding Permissive Use 

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

Ensuring Proper Insurance Coverage

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

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

Seeking Legal Representation

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

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

How a Traffic Ticket Attorney Can Help

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

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

Keep the Stream of Communications Open

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

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

The Cost of Insurance Coverage – Possible Rate Hikes

For Drivers:

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

For Vehicle Owners:

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

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

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

by Lindsay Bernstein

Common Offenses That Lead to a Suspended License in New York

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

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

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

Some of the common reasons include:

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

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

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

Driving with a Suspended License: The Dangers

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

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

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

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

Getting Several Speeding Tickets in a Short Period of Time

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

Here are a few tips on how to prevent speeding:

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

Driving Without Insurance

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

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

Getting Too Many Points on Your DMV Record

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

To ensure that you have as little points as possible:

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

Driving Under the Influence (DUI)

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

Here is how you can avoid getting charged with DUI:

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

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

Zero Tolerance Laws for Young Drivers

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

Below are tips for young people who drive:

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

Refusing a Chemical Test

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

To avoid this situation:

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

Failure to Pay Child Support

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

You can avoid a suspension by:

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

Ignoring Court Judgments from Traffic Accidents

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

Writing Bad Checks to the DMV

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

Here’s how you can prevent it:

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

The Need To Stay Informed

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

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

Immediate Suspension for DWI/DUI

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

Post-Conviction Suspension for DWI/DWAI in New York

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

Aggravating Factors for DWI

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

Administrative Vs. Court Ordered Suspensions

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

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

Procedure for Restoring Driving Privileges

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

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

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

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

by Lindsay Bernstein

Leaving the Scene of an Accident in New Jersey

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

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

Schedule a Free Initial Consultation Today!

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

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

Understanding Your Legal Duty

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

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

Below are some key takeaways:

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

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

The Penalties for Leaving the Scene of an Accident

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

Property Damage Only: Still Not a Light Offense

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

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

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

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

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

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

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

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

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

By staying at the scene, you:

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

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

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

Contact a DUI/DWI Lawyer or Criminal Defense Lawyer Today

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

by Lindsay Bernstein

10 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.

Schedule a Free Initial Consultation Today!

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.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Child 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.

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.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Common 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.

Schedule a Free Initial Consultation Today!

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.

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.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

What 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.

Schedule a Free Initial Consultation Today!

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.

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.

Schedule a Free Initial Consultation Today!