Traffic Violations Legal Questions

I'm not sure whether you're saying you were cited for VTL 511 or VTL 509.1. Generally speaking officers can use discretion if they cited you for a VTL 509.1 infraction and may even use discretion if they cited you for VTL 511 which is a misdemeanor offense. There are a number of defenses to both of this infractions that a criminal defense attorney could assist you with. With that being said, an argument where you confirm you were driving the vehicle while unlicensed, but the officer let you drive away, is not one that is going to assist you with your defense. Whether the officer let you drive away MAY call into question his credibility or the fact that he may have been unsure if you were in fact unlicensed. However, what the prosecution needs to prove in a VTL 511 or VTL 509.1 case is that you were in fact operating a motor vehicle, and that you were doing so with a suspended/revoked license (VTL 511) or while you were not licensed to operate a motor vehicle (VTL 509.1). I hope this information is helpful.     This information is for general informational purposes only, and is not intended to create an attorney-client relationship. This information should not be taken as legal advice for any individual case or situation. Legal jurisdictions often differ on major and minor aspects of the law, and each legal situation is unique; requiring that all legal situations be addressed with competent legal counsel. My practice is based in New York, and the law of other jurisdictions may differ.... Read More

So this can depend on where you got the ticket. Most importantly, if you got the ticket in New York City you should be aware that the NYC Traffic Violations Bureau does not negotiate or plea bargain at all, and in order to get any type of reduction or dismissal there, you will have to take the case to trial.    If you are outside of New York City though, you can speak with your attorney and they will be able to negotiate with the prosecutor in an attempt to work out a plea deal that will result in a lesser violation than what you have been charged with. Oftentimes through mitigation information a plea deal can be worked out with significantly less points. With that being said, your best bet is to speak with your attorney regarding the specifics of your case and your situation, because that will give you a much better idea of what you will be looking at. ... Read More

The short answer is probably yes.  Attempting to handle criminal defense cases yourself is precarious at best.  You don't know the options available to you or how to evaluate for or present legal defenses.  The Find a Lawyer tab on this webpage is a good place to start.   Best of luck.... Read More

Maybe.  There are a whole host of factors that get factored in when the prosecutor is determining whether or not to seek jail time.  I recommend sitting down with an attorney to review your case in detail.  Only then can someone intelligently tell you the likelihood of serving jail time.... Read More

To straighten out the driving record it would take contacting the court that notified the DMV of the conviction, get their records straight and have the court notify the DMV of the situation (remove the 'unsafe car' ticket if there was no such ticket). So to be clear, contacting the court that said you were convicted of the ticket is the first step, get a copy of the file the court has and see what it says, and try to straighten it out from there.... Read More

If the ticket has an 'automatic points reduction' (usually listed on the back of the ticket) that is usually the best you can do as far as plea bargaining (a points reduction if paid within a short period of time). I don't read the way you described the siutation as you not being guilty of 'Failing to Stop at a Stop Sign" - in fact you pretty much admit that is what occured but that the reason was because the road was icy. I do not beleive that will work as a defense, so I would not count on getting the charge dismissed - only a reduction in points. If the reduction is NOT on the back of the ticket, you should contact the court where you'd have to go to court and ask if they have a plea bargain process for a reduction in points upon payment of the fine. ... Read More

The answer to this question likely depends on what court the case is in and what the charge is.  You placed this under the "Traffic Violation" heading so I assume it is a relatively minor traffic ticket. If you look at the back of the ticket it might have a procedure to plead guilty to a less serious offense with fewer points by mailing in a signed 'guilty' plea and a check. Or you can contact the court clerk and ask if there is a process for doing that.  Many courts are now being held via video and so if it is necessary to appear in court you likely can do it from wherever you live - again the court clerk could point you to how to do that.  But to directly answer your question, in most circumstances an attorney can take care of a traffic ticket for you without you needing to travel here.... Read More

I would hire an attorney and have the attorney explain the situation to the prosecutor and have there be a no points/ moving violation so that your driver's license is not impacted. We work closely with the prosecutor and judge to mitigate the consequences. Please call asap to discuss. Ed Dimon, Esq 732-797-1600... Read More

These cases are fact sensitive. In addition, the law sets forth specific requirements about reporting to the police if there is property damage or if a person is hurt. In addition, the insurance company has reporting requirements. The court will want to see that all the missing requirements were fixed. We would remedy the omissions and address the issues before going to court. The court will not adjudicate the merits of the car accident. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600... Read More

Without knowing the extent of any previous driving history, it is difficult to say. You would be better served speaking with an attorney to give him/her a clearer picture of your situation and the facts of the case. If I had more information, I would be able to answer your question much better.... Read More

Insuarnce policies normally note the date and time the insurance began. If you bought the insurance after the accident occured, it likely will not cover the accident damages if you were at fault.  Look at the policy or ask your agent when (what time of day) the coverage began.  IF you did not have insurance, then you likely will get a letter from DMV that will say your license will be suspended unless you provide proof you have insurance by a given day (normally 10 days or so after you get the letter - and the letter comes by US mail so watch your US mailbox for it). But providing the proof PRIOR to the 'effective date' of the suspension listed in the letter will result in NO supension. It is possible, if your insurance was not in place at the time of the accident, that your friends insurance was still vlaid and as a 'permissive driver' you should be covered.   In court, if you did not have insurance at the time of the accident but do have it by the court date, many prosecutors will still want a guilty plea to no proof of insuance charge, but the fine will be less because you now have insurance.... Read More

Most Colorado courts are now doing court appearances by video - so it seems to me you can 'appear' from your home where ever it is. Certainly if you hire a lawyer they should be able to take care of it. Was the ticket not issued as a 'penalty assessment' where you can just pay it within 20 days and get reduced points?  Did you fail to appear at the intial court date so there is a 'failure to appear' warrant?   I'd be willing to talk to you about this and see if I can talk you through getting it done without coming to Colorado. Possibly if you just contact the court clerk you can work it out that way.... Read More

It would seem you are charged in Fort Collin MUNICIPAL court and not State Court. You looked at the STATE statute on Careless Driving and found that penalty ($300 and 90 days in jail max). The MUNICIPAL code calls for the penalties of up to $3000 and up to 180 days in jail. It is extremely unlikely that anything close to the maximum fine is imposed and even less likely for jail to be imposed.... Read More

The key to winning is a multitude of efforts which include the 2 points for the defensive driving course and a wriiten explanation of your circumstances as to why you should not lose your license and character letters from 'first responders' etc. The key to success is the 'complete package'. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

Traffic fines are limited only by what the maximum penalty set by statute is, whether state statute or municipal ordinance. I am unsure where you saww that $80 is the appropriate fine. It certainly depends on the court the ticket is written into. Plus there are court costs and statutory fees added to the fine. ... Read More

We utilize your wonderful background, which we document in writing, to open the door for mitigation. We use the police reports to provide a 'procedural' reason for mitigation. We work within the system to either have you receive no points or a downgrade to no motor vehicle violation. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

What were the actual violations ? If speeding violation, how fast did the officer state that you were going ? Reckless driving ? Where did the violations take place ? How did you get along with the officers?  Please remember that the officers will testify if challenged and are professional witnesses. You are entitled to receive the police reports. The reports set forth the police view of what happened. What does your driving record look like ? These are all crucial factors. Please call immediately to discuss. No charge. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

There is no way to remove old points from your driving record. The only possible thing that can be done is to try to 'undo' your payments by mail and start again in one or both cases to see if the points can be lowered. That will be fairly expensive and may not result in the points being reduced.  You likely will need to hire a lawyer to have a chance of geting that done.... Read More