Traffic Violations Legal Questions

Generally no. The courts are a Judicial branch of the goverment and DMV is a Administrative branch and basically have their own rules. However, you should be able to file an "appeal" with DMV so a supervisor can review the decision and can overturn the ruling if they desire.  Jeffrey D. Stearman,Esq. Law Office of Jeffrey D. Stearman 714-871-7778... Read More

If you produce a valid drivers license for the prosecutor and judge, they will work with you. You are required to have the license  in your possession.  Do you have a clean driving record ? You should be able to plead guilty to a municipal ordinance violation and avoid any traffic violations.  Please call if you have any difficulties. Ed Dimon... Read More

In Florida a lawyer cannot represent any individual without either written or verbal consent. In the case of an auto accident typical for a lawyer to represent an individual that individual will need to sign an Authority To Represent Contract along with a Statement of Clients Rights. If an attorney has contacted your insurance company or the insurance company of the at fault driver and claims to represent your father and you have not given that attorney consent to represent your father, then you need to let the insurance companies know that attorney does not represent your father.  You also need to contact that attorney and let him/her know that you have not contracted with them to represent your father. ... Read More

The prosecutor must prove beyond a reasonable doubt that you knew the car was being driven by your cousin and that your cousin did not have a drivers license. The better approach is to work with the prosecutor to demonstrate that you did not have the knowledge of the car being driven by your cousin. we would work with the prosecutor and with you to provide the required documentation to the prosecutor  to have you cleared of all charges. Please call to discuss. Ed Dimon... Read More

You absolutely have the opportunity to place your phone and texting records into evidence. You should obtain the records from your service provider. In order to be successful, you must demonstrate to the judge that you were neither texting or speaking on the telephone at anytime close to the time you were stopped for the infraction. You will be successful if there is no either texting or speaking records anytime close to the time you're driving the car. You will be successful if there is texting or speaking on the telephone close to the time you receive the infraction. Please let me know  what the records indicate. ... Read More

 What were the specific violations ?  How old is your son ?  Was your son also charged ?  What caused your son to be searched ?  Was search incident to your son being arrested ? If your son was arrested, there would be a search of his body and his wingspan. Please  call to discuss. ... Read More

 Please note that certain municipal court judges will put you in jail for 3 to 5 days for speeding over 90 miles per hour. Our approach is to work with the system to mitigate consequences.  You want to avoid jail. You want to avoid significant point violations. You want to avoid suspension of your driving privileges.  Our approach is to define you and your family as contributing members of society. Our approach is to obtain charge of letters from first responders. Our approach is to determine if there are procedural errors  or errors which would bring into question the ability to prove the case. We place you in as positive as light as possible in order of that  you get the benefit of the doubt if there were a procedural error. We had a young man speeding on route 138  in Wall in excess of 90 mph.   We utilize the specials from senses of the young man who was speeding, combined with the work experiences of his dad and uncle as fireman and state trooper respectively, to significantly mitigate the consequences. Please call to discuss our strategy.  Ed Dimon... Read More

we are seeing the state computers 'speak' with each other on an incrreasing basis each year. for example, we are representing people in virginia and in pennsylvania with regard to trafiic charges in new jersey which were not addressed. i would see if i could get a 'no point' violation in virginia. ed dimon... Read More

This is not an uncommon situation.  The more sophisticated the states’ computer systems get, the more they talk to each other, and many more people are getting caught by charges they had in the past, when the states’ computers were not talking to each other like they are now.  In order to fix your problem quickly, you need to contact the NC DMV first to find out what charge is causing the revocation in NC.  Then you need to contact an attorney in or near that county to handle whatever charge the DMV says is causing your revocation, and clear up your record in NC.  After that is done, you must pay a restoration fee to the NC DMV, and they will issue you a clearance letter that you can use in your state to get your license. ... Read More

If you are asking whether these DWLR charges will just go away since you left the state  and did not handle them, the answer to that is No.  They will be here waiting for you when you get back.  They would have been Dismissed with Leave (to Re-Open), and your license will remain revoked until you handle them all.  Regarding the probation violation, the current status of that depends on what the probation officer did with it after you left.  Nevertheless, if you did not successfully complete probation, there is likely another "Failure to Comply" on your driving record blocking your attempts to get re-licensed. ... Read More

If possible, you should correct the reasons for suspension in New Jersey. You will not be able to obtain a license in Texas if your license is suspended in New Jersey. You would be committing fraud if you answered that your license was not suspended and another state. Please call if we can help with your suspensions in New Jersey.... Read More

You are required by law to have insurance on a vehicle. You are required by law to have the vehicle registered. There is no requirement that you be pulled over by a police officer and issued tickets for these violations. In addition, there is no defense to these violations if you did not have the proper insurance or did not have the proper registration. By way of example, you cannotargue that I am innocent because I was not pulled over by the police. However, there are legitimate solutions to your six tickets. You can obtain the proper insurance and obtain the proper registration and provide them to the prosecutor in advance of the court hearing. Prosecutor will work with you or your attorney to mitigate the consequences. Please call if you would like to discuss the strategy and cost. Ed Dimon... Read More