logologologo
  • About
  • Attorneys
    • Ronen Cohen, Esq.
    • Lindsay Bernstein, Esq.
  • Practice Areas
    • Traffic Tickets
    • DUI / DWI
    • Drug Possession
    • Municipal Court Matters
    • Name Change
    • Theft Defense
    • Juvenile Crimes
  • Charitable Causes
  • Legal Updates

888-872-2898

logologologo
  • About
  • Attorneys
    • Ronen Cohen, Esq.
    • Lindsay Bernstein, Esq.
  • Practice Areas
    • Traffic Tickets
    • DUI / DWI
    • Drug Possession
    • Municipal Court Matters
    • Name Change
    • Theft Defense
    • Juvenile Crimes
  • Charitable Causes
  • Legal Updates
logologologo
  • About
  • Attorneys
    • Ronen Cohen, Esq.
    • Lindsay Bernstein, Esq.
  • Practice Areas
    • Traffic Tickets
    • DUI / DWI
    • Drug Possession
    • Municipal Court Matters
    • Name Change
    • Theft Defense
    • Juvenile Crimes
  • Charitable Causes
  • Legal Updates
  • About
  • Attorneys
    • Ronen Cohen, Esq.
    • Lindsay Bernstein, Esq.
  • Practice Areas
    • Traffic Tickets
    • DUI / DWI
    • Drug Possession
    • Municipal Court Matters
    • Name Change
    • Theft Defense
    • Juvenile Crimes
  • Charitable Causes
  • Legal Updates
by Ronen Cohen

Clear Your Record in New Jersey — The Smart Way to Start Fresh

A criminal record can hold you back from jobs, housing, and opportunities. New Jersey’s expungement laws give you a real chance to move forward—but the process isn’t as simple as it looks.

Working with an experienced expungement attorney can make the difference between delays and a clean slate.

Can You Expunge Your Record?

You may qualify if you have:

  • Arrests that didn’t lead to conviction
  • Disorderly persons offenses
  • Certain indictable offenses
  • Marijuana-related cases

Eligibility depends on timing, offense history, and whether all requirements are met. Many people either apply too early—or assume they don’t qualify when they actually do.

The Problem With Doing It Yourself

Expungement requires:

  • Detailed court filings
  • Serving multiple government agencies
  • Strict compliance with New Jersey procedures

Mistakes can lead to rejections, delays, or starting over.

Why Hire a New Jersey Expungement Attorney?

An attorney doesn’t just file paperwork—they help you get results faster and with less stress:

  • Confirm your eligibility right away
  • Choose the fastest legal pathway
  • Prepare and file everything correctly
  • Handle court and agency follow-ups
  • Help avoid costly delays

In most cases, this means a smoother process and faster approval. Expungement can be life-changing—but only if it’s done right.

Call today for a FREE consultation 888-872-2898

Read More
Share
NewsMay 1, 20260 comments
by Ronen Cohen

Understanding New York’s New Traffic Ticket Point System (2026 Update)

If you’ve received a traffic ticket in New York recently—or are concerned about your driving record—you need to understand the state’s newly overhauled point system. As of February 16, 2026, New York has implemented some of the most significant changes to its traffic violation rules in decades, dramatically increasing the risk of license suspension and long-term consequences for drivers.

For motorists, the message is clear: even a minor ticket can now carry major consequences.

What Changed in the New York Point System?

The updated system introduces stricter thresholds, higher point values, and a longer “look-back” period. These changes are designed to target repeat offenders and improve roadway safety—but they also make it easier for everyday drivers to face penalties.

1. Lower Suspension Threshold

Under the old system, drivers faced suspension after accumulating 11 points within 18 months.

Now, a license can be suspended with just:

  • 10 points within 24 months

This means fewer violations over a longer period can now lead to a suspension.

2. Longer Look-Back Period

Previously, the DMV evaluated your driving record over 18 months. That window has now expanded to:

  • 24 months (2 years)

This change significantly increases the likelihood that older tickets will overlap with new ones—pushing drivers over the limit more easily.

3. Higher Points for Common Violations

Many everyday traffic violations now carry increased point values, including:

  • Speeding (1–10 mph over): 3 → 4 points
  • Cell phone use while driving: 5 → 6 points
  • Failure to yield to a pedestrian: 3 → 5 points
  • Passing a stopped school bus: 5 → 8 points

Additionally, speeding in a construction zone now results in 8 points regardless of speed, a major increase aimed at protecting roadside workers .

4. New Violations Now Carry Points

Some violations that previously carried no points now come with significant penalties. For example:

  • Alcohol- or drug-related incidents: 11 points (automatic suspension level)
  • Aggravated unlicensed operation: 11 points
  • Over-height vehicle/bridge strikes: 8 points

This means conduct that once seemed minor—or purely financial—can now directly threaten your license.

Why This Matters More Than Ever

The updated system doesn’t just increase penalties—it compounds risk.

Because points now:

  • Last longer
  • Accumulate faster
  • Carry higher values

Even a few relatively minor tickets within a two-year period can lead to:

  • License suspension
  • Driver Responsibility Assessment fees
  • Increased insurance premiums
  • Potential employment consequences (especially for CDL holders)

Importantly, points are added only after a conviction, not when the ticket is issued—but they are calculated based on the date of the violation, which can catch drivers off guard .

Real-World Impact: A Simple Example

Under the new system, a driver who receives:

  • 4 points for minor speeding
  • 6 points for cell phone use

…could already face suspension with just two tickets.

Under the old system, that same driver might have avoided suspension entirely.

What You Should Do If You Receive a Ticket

With the stakes higher than ever, simply pleading guilty and paying the fine is often a costly mistake. Every point matters.

You should:

  • Review your current driving record
  • Understand how many points you already have
  • Consider fighting the ticket or negotiating a reduction
  • Consult an experienced New York traffic ticket attorney

How a Traffic Ticket Lawyer Can Help

An experienced attorney may be able to:

  • Reduce or eliminate points
  • Negotiate lesser violations
  • Prevent license suspension
  • Protect your driving record and insurance rates

Given the stricter rules in 2026, legal representation is no longer just helpful—it can be critical.

Final Thoughts

New York’s updated point system reflects a clear shift toward stricter enforcement and accountability. While the goal is safer roads, the reality is that drivers now face greater risk from even minor infractions.

If you’ve received a traffic ticket, taking it seriously—and acting quickly—can make the difference between a manageable situation and a suspended license.

Call us NOW for a FREE CONSULTATION 888-872-2898

Read More
Share
NewsApril 10, 20260 comments
by Ronen Cohen

New Jersey Name Change Made Simple – Work With an Attorney Who Gets It Done Right

Changing your name should feel exciting—not stressful. But in New Jersey, the legal process involves court filings, strict paperwork requirements, and deadlines that can easily trip you up.

That’s where an experienced name change attorney makes all the difference.

The Fast, Hassle-Free Way to Change Your Name

While you can file on your own, even small mistakes can delay your case for months. When you hire a lawyer, you get a streamlined process from start to finish:

  • All documents prepared and filed correctly
  • No guesswork about court procedures
  • Guidance for hearings (if required)
  • Help updating your records after approval

Most clients finish the process within a few months—without the frustration.

Why Clients Choose a Name Change Attorney

People come to us because they want it done right the first time. Whether your situation is straightforward or more complex (like a child name change or prior legal issues), we handle the details so you don’t have to.

Working with an attorney means:

  • Fewer delays
  • Less stress
  • Confidence everything is legally correct

Common Reasons for Name Changes

We help clients with:

  • Marriage or divorce
  • Personal or family decisions
  • Gender identity changes
  • Correcting legal documents

No matter your reason, we treat your case with professionalism and respect.

Contact us today to get started with a New Jersey name change attorney who will handle everything for you—quickly, correctly, and with care.

Call today for a FREE consultation 888-872-2898

Read More
Share
NewsApril 2, 20260 comments
by RankingsIO

What Happens if You Get Caught for Shoplifting?

If someone accuses you of shoplifting, you may face serious legal consequences. The first and most obvious risk you face is the immediate threat to your freedom. Police might arrest and jail you right away.

Beyond that, you may also face consequences in many other areas of your life once authorities charge you with a crime.

Shoplifting falls under the umbrella of theft offenses. A conviction of theft can permanently change your life, as you will have a lasting criminal record. Even if shoplifting charges may seem minor to you, there is no such thing as a minor criminal charge.

If authorities accuse you of shoplifting, contact a criminal defense attorney to handle your case. You should never do anything on your own in the criminal justice system, as you likely cannot help your cause and can easily hurt your case in many ways.

Seek professional defense help immediately to obtain the best possible outcome in your case. A criminal defense lawyer knows the legal system in your area, and they likely have experience with the prosecutor handling your case. They know your rights and how to uphold them throughout every step of the process.

For all these reasons, immediately seek an initial consultation with a criminal defense attorney to discuss your shoplifting case. You must take these charges seriously.

Several Behaviors Can Lead to Shoplifting Charges

A theft charge for shoplifting can arise from a number of circumstances. First, shoplifting means taking property that is not yours from a retail establishment with the intent of not paying for it. Second, shoplifting can also include altering price tags to reflect a lower price.

Each state may have different elements of the crime of theft and what may constitute shoplifting. In general, however, the crime encompasses illegal behavior involving taking property or doing something that allows you to pay less than the fair value for an item.

What Happens After You Have Initially Been Accused of Shoplifting?

Shoplifting may result in on-site detainment by a store security officer in the immediate wake of an accusation against you. If this happens, do not talk to the security guard because they can testify against you in court.

Politely refuse to discuss what happened with the security guard. Confessing to a crime can jeopardize your legal defense should you choose to fight the charges.

Store security will likely detain you on-site until law enforcement arrives. Then, based on what the security guard says or based on any video camera footage, the officer may decide whether to arrest you and take you into custody. The police can take you to the station for processing and booking, just like they might for any other alleged criminal offense.

The store may offer to let you go after asking you to pay a fee for shoplifting, but it does not have the legal authority to fine you. They are just trying to obtain money from you. Agree to nothing with the store.

Police Might Arrest This Later

You can also be arrested after the fact, long after leaving the store. There may be missing inventory, and the store may review security camera footage to determine what happened.

They might identify you or turn the footage over to the police, who can use the video to suspect you of the offense. Police can arrest you for shoplifting at any time until your state’s statute of limitations for theft offenses expires. Never assume you are in the clear because you are no longer in the establishment.

Shoplifting Charges Depend on the Value of the Property at Issue

The charges you face depend on the value of the property the authorities allege you shoplifted. Most states charge shoplifting as a misdemeanor when the items taken cost less than a certain dollar amount. Above this value, you can face felony charges for shoplifting.

Many states make the threshold for felony charges shockingly low. In fact, several states have a threshold below $1,000, and one state is as low as $200. This means that you can face felony charges if police accuse you of shoplifting a watch valued at $250 in this jurisdiction.

If you do not think shoplifting is a serious matter, think again.

You likely will not know the exact nature of the charges you are facing at the time of your arrest. You will learn of your charges when you make your initial court appearance and the charges are read to you.

If you have prior theft convictions on your criminal record, you might face enhanced charges and potential jail time, even if the items are of lower value.

Your criminal defense lawyer will explain your charges and the possible penalties to you, ensuring you understand your case.

A Theft Conviction Can Have a Lasting Impact on Your Life

No matter the nature of the charge, any conviction for theft is a serious matter. You may need to worry about more than jail time if you plead guilty or the court convicts you of the charges. Theft is a crime of dishonesty, and a conviction can affect multiple areas of your life.

You will have a criminal record unless you somehow reach a plea deal that avoids a conviction or eventually results in an expungement of your record. However, emerging with a clean criminal record after a conviction of this type rarely happens.

If you are not a United States citizen, a conviction for theft can lead to your removal from the country or a denial of your citizenship application should you apply.

Theft is a crime of moral turpitude, so the government can revoke your green card and deport you. If you do not have legal status, you will likely face immediate deportation after a conviction, or possibly even after an arrest without a conviction being necessary.

A Theft Conviction on Your Record Can Have Additional Consequences

A criminal record with a theft conviction can also make it very difficult to obtain employment or even find a place to live. A prospective employer will likely conduct a criminal background check on you before they extend or formalize your offer.

This is legal in most states. Companies may view a theft conviction as a sign of dishonesty and revoke any job offer they have made. The odds of this outcome significantly increase when a potential job involves handling money or valuables on your part.

Landlords may also conduct background checks and may not want to enter into a contract with someone with a theft conviction. Finally, a theft conviction can carry a social stigma, as anyone may see that you have committed a crime through a simple search of public records.

You may also have to pay restitution to the store for the value of the items. You also have to pay court costs and may need to pay a fine after a criminal conviction. If you seek any type of insurance, you may need to pay higher rates. Thus, you may need to pay for the financial consequences of a theft conviction.

You Need to Consider All Consequences Before Determining How to Proceed

You must consider all of these potential outcomes when dealing with theft charges. This decision is not something that you should make on your own. You may not even understand the collateral consequences of a conviction if you do not hire a criminal defense lawyer.

Your attorney will explain your circumstances and legal options, including pleading guilty or going to trial. They will also explain a conviction’s ramifications on your life.

This is not to say that you should automatically fight theft charges under every circumstance. Sometimes, accepting a plea deal is appropriate. However, you may have legal defenses to the charges. Then, you may need to mount a strong legal defense. Your criminal defense lawyer will investigate your case and determine whether to fight the charges against you.

Potential Defenses to Shoplifting Charges

Some defenses to theft charges that your attorney may use include:

  • You legitimately believed that you had a right to possess the property
  • Someone gave you the property, and there was no way you could have known that it was stolen
  • You acted under duress when someone else made threats against you if you did not take the property
  • Law enforcement entrapped you into committing an act that you otherwise would not have done
  • You intended to pay for the property and could not do so before your arrest


Remember that shoplifting is a crime of intent. The prosecutor must prove that you actually intended to steal the property. There is no such thing as the accidental theft of property. If the prosecutor cannot prove intent, they cannot win a conviction.

You May Choose to Negotiate a Plea Bargain

Working with your criminal defense lawyer, you may decide to reach a plea bargain with the prosecutor. You can only do so when you hire a criminal defense lawyer to represent you, as prosecutors usually will not negotiate directly with defendants.

Your criminal defense attorney may negotiate with the prosecutor to obtain lesser charges or a lower possible sentence. In exchange for a guilty plea, the prosecutor may make a sentencing recommendation to the judge, which the court can decide to accept. Whether a plea deal works best for you depends on your situation.

Depending on the charges, you may completely avoid jail time. Many shoplifting sentences involve probation and community service. In some cases, you may even emerge without a criminal record due to alternative sentencing.

Juvenile offenders may qualify for alternative sentencing programs. A court can order you to attend education classes and counseling that help turn your life around and place you on a better path.

When you work with a criminal defense lawyer, they may eventually expunge the conviction from your record. Depending on the crime, they can also seek to seal your record so the charges and conviction may not appear in a records search or background check for the rest of your life.

Call a Criminal Defense Attorney Immediately After Your Arrest

After a shoplifting arrest, never speak to law enforcement before you get legal help. You cannot talk your way out of trouble by answering an officer’s questions. They will only try to use your words against you, and it may give the prosecutor additional evidence.

Instead, politely invoke your right to remain silent and contact a criminal defense lawyer immediately after your arrest. Your criminal defense lawyer will handle any communications with the authorities. They will handle all the details of your defense and work to either build the strongest possible case or negotiate for the lowest possible penalty.

The longer you wait to hire a criminal defense attorney when you get caught shoplifting, the more challenges you may face in your legal defense. Hiring a criminal defense lawyer early in the process can mean preserving as many of your options as possible. Contact a law firm near you today.

Read More
Share
News, UncategorizedFebruary 3, 20250 comments
by Lindsay Bernstein

Common Offenses That Lead to a Suspended License in New York

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

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

Schedule a Free Initial Consultation Today!

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

License suspension encrypted on a note pad

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

Some of the common reasons include:

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

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

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

Definition and Types of License Suspension

A license suspension is a temporary withdrawal of an individual’s privilege to operate a motor vehicle. In New York, a suspended driver’s license can result from various infractions and violations, including accumulating a certain number of points on the driving record, DUI convictions, failure to comply with court-issued directives and other traffic law violations.

There are two types of license suspension: definite and indefinite. A definite suspension lasts for a predetermined period of time, while an indefinite suspension is not limited to a specific period of time. Understanding these distinctions is crucial for drivers to navigate the complexities of traffic laws and maintain a clean driving record.

A License Suspension: What Does It Really Mean for You?

We cannot overstate the seriousness of the DMV suspending your driving privileges; it is more serious than merely trying to find another way to get around town.

Below are some situations this event may affect:

  • Employment – Some jobs require an employee to hold a valid driver’s license to perform their duties satisfactorily, while others require it just for commuting.
  • Managing Personal Responsibilities – Mundane activities like grocery shopping become exponentially harder when simple transportation becomes a complicated activity.
  • Experiencing Increased Insurance Rates – Even after reinstatement, expect premium rates to rise significantly from where they once were before any lapses (especially during periods following multiple offenses).
  • A Negative Mark on Your Criminal Record – A criminal record that features a license suspension can limit future opportunities depending on the kind of work you’re seeking post-conviction.

Driving with a Suspended License: The Dangers

A man driving a car with suspended license

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

Illustration depicting a sign with an uninsured drivers

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

Child support payments. Documents in a court

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

You can avoid a suspension by:

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

Ignoring Court Judgments from Traffic Accidents

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

Writing Bad Checks to the DMV

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

Here’s how you can prevent it:

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

The Need To Stay Informed

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

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

Immediate Suspension for DWI/DUI

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

Post-Conviction Suspension for DWI/DWAI in New York

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

Aggravating Factors for DWI

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

Administrative Vs. Court Ordered Suspensions

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

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

DMV-Ordered Suspensions

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

Conditional Licenses and Driving Privileges

Limited Driving Privileges

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

Procedure for Restoring Driving Privileges

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

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

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

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

Read More
Share
NewsJanuary 24, 20250 comments
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.

Schedule a Free Initial Consultation Today!

Why You Should Contact a Traffic Ticket Attorney

Render illustration of Traffic Violation title on the ground in a police arena

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

Speed control radar camera at Highway

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

Traffic violation concept by car next to judge hammer

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.

Read More
Share
NewsSeptember 25, 20240 comments
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.

Schedule a Free Initial Consultation Today!

The Difference Between Probation and Parole

A criminal Hand Showing PROBATION

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

Parole Title On Legal Documents

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.

Possible Outcomes

Some possible results include:

  • Increased Monitoring/Reporting Requirements
  • More Restrictive Conditions (Such as Driving Restrictions)
  • Longer Probation/Parole Term
  • Required Courses/Counseling Sessions
  • Termination of Parole/Probation in Severe Cases – after Repeated Violations

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

A New Jersey criminal defense attorney discussing case details with a client in a well-appointed law office.

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.

Read More
Share
NewsSeptember 20, 20240 comments
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.

Schedule a Free Initial Consultation Today!

Getting Charged for Shoplifting in New York

Court of Law and Justice Shoplifting Proceedings

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.

How a Shoplifting Conviction Can Change Your Life

A shoplifting conviction can affect your chances of getting a good job, securing a loan, buying a gun for protection, and exercising your voting rights.

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

Shoplifting attorney discussing the case

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.

Read More
Share
NewsSeptember 15, 20240 comments
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

Highway Traffic Patrol Car Pulls over Vehicle Check on Empty Road.

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

car incident protective and car insurance policy examining insurance

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

A legal gavel, currency with a calculator, depicting monetary fines and higher insurance rates

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.

Dealing with Tickets for Traffic Offenses

To reduce the chances of getting a ticket while driving a friend’s car, you need to keep the following in mind:

  • Drive safely at all times.
  • Strictly obey the traffic laws.
  • Learn about local traffic regulations, especially when driving in unfamiliar areas.

Ensure the car you are borrowing is in good working condition and has updated paperwork and registration.

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

Stacks of coins and red car with percentage symbol for increasing insurance rates

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.

Read More
Share
NewsSeptember 10, 20240 comments
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

Letters DUI Driving under the influence and a hammer

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

The Psychology Behind Why People Leave the Scene:

It’s easy to condemn individuals who don’t stick around after they cause an accident, but it’s not that simple. Some common motives for fleeing include:

  • Panic and Shock: When stress triggers the fight-or-flight response, it leads to a bad decision
  • Fear of Consequences: Ironically, by fearing that you’ll get into trouble if you don’t leave an accident scene, you actually get into worse trouble by fleeing
  • Impairment: Some might flee if they are impaired and are afraid of getting arrested for DWI/DUI
  • Outstanding Warrants or Legal Issues: Others may take off if they have unrelated legal problems

Realizing these motivations doesn’t justify the conduct; it underscores the need to stay calm and think clearly when emotions run high. That’s why you should talk to a lawyer – either a DUI/DWI lawyer or a criminal defense attorney who handles these types of cases.

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.

Read More
Share
NewsSeptember 1, 20240 comments
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6

Cohen & Bernstein

We help you navigate through the legal system by applying our expertise to each case while remaining dedicated to client support.

Your case will NOT be handed off to a secretary or paralegal.

Call for a free consultation with one of our experienced NJ and NY criminal defense attorneys.

New Jersey Office

Virtual / Social Distanced Consults Available

1360 Clifton Ave, #309

Clifton, NJ 07012

Phone: 973-657-5257

Fax: 551-557-9066

New York Office

By appointment only

3681 Woodbridge Lane North

Wantagh, NY 11793

Phone: 888-872-2898

Fax: 551-557-9066

Quick Links

Contact Us

Ronen Cohen, Esq.

Lindsay Bernstein, Esq.

Lawyer.com

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

© 2025 Cohen & Bernstein LLC. All rights reserved. | Sitemap