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Messages - Hirshthg

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1
General Discussion / Re: Moving Violation Tickets
« on: October 24, 2019, 03:49:05 PM »
I received a violation in the Town of Ramapo for Improper Use of Horn (VTL 3751A) I would like to fight it. Knowing it doesn't carry points either way I'm assuming I have nothing to lose when fighting it, correct?

just your time.

Follow-up question: Can I take defensive driving in NY to avoid suspension?

yes, but you need to make sure the course applies your fictitious NYS CID. 

2
General Discussion / Re: Moving Violation Tickets
« on: June 16, 2019, 12:15:40 AM »
can someone pls recommend someone to fight a cell phone ticket (in Brooklyn)? i already pushed it off a year and my hearing in next month
See the wiki.

Ultimately, it needs to go to trial. If you push it off too many times, they suspend you pending trial, which forces you to plead guilty.

3
General Discussion / Re: Moving Violation Tickets
« on: June 06, 2019, 01:00:54 PM »
Posting for a family member

The ticket was issued in this state: NEW YORK
The ticket is returnable to in this Town/Village/City: KINGS
I have a license from: NY - Residential
Ticket one: Seatbelts
I want both:

COP observed driver starting his car in a gas station & not wearing his seat-belts. Driver had his seat-belts on when exiting the gas station on to the surface streets.
An adult seat belt goes on your driving record without points. Hard to justify the legal fee or going in yourself to fight it.

In other news, https://www.chronicle-express.com/news/20190605/cohocton-speeding-conviction-overturned-after-2-year-court-battle

4
General Discussion / Re: Moving Violation Tickets
« on: May 29, 2019, 02:33:42 PM »
Is appearing yourself in NYC significantly less likely to be successful that the coin-flip odds when paying for a NYC attorney?
So they say. I don't have statistics.

5
Just Shmooze / Re: Thoughts on abortion, religion, and morality
« on: May 28, 2019, 09:07:38 PM »
2. "A fetus isn't a baby": Well, that's right, a fetus isn't a baby. Just the same way a baby isn't a child and a child isn't a teenager and a teenager isn't an adult. They're all at different developmental stages. But ultimately, they are all human. It's a human fetus. In fact, if you can handle it- take a look at these first trimester images and tell me that this isn't a human.

3. The rape/incest case: As horrible and as tragic as these cases are, getting an abortion doesn't take away the rape. Furthermore, the unborn child isn't guilty of the crimes of his father. How can we justify taking someone's innocent life for a crime he didn't commit?

On the scientific front things seem clear. A fetus is it's own human being, with it's own distinct set of DNA.
But things get murkier- what do we say to those babies being born into poverty, into immature and even neglectful families, those born with conditions that will make their life a struggle? What about those babies who are simply unwanted? Are they better off dead?

Great conversation. Here is an additional $0.02.

I don't think the abortion question should be tied to the rape question, or the danger to the mother, as follows.

We have a law against murder, and against vigilantism. May a rape victim murder their assailant? No, but most states have diminished culpability for extreme emotional disturbance or other forms of distress. The victim's pain doesn't make the murder legal, but it recognizes that its hard to blame the victim completely.

What if the assailant posses a active threat to the victim? The victim can use a justification defense of self defense, which is a complete exception to the laws against murder. its not only an exception to murder, but a general defense to any and all crimes.

So the question of whether a viable fetus is a human life deserving of equal protection (lets talk about 9 months, and past due) shouldn't be tied to the questions of saving the mother's life or rape. If the mother's life is in danger, she can kill all of her children, even if they are 15 years old, or 50 years old. If the mother really hates her 2 year old toddler because the dad raped her and she kills the kid, its murder. But maybe you can understand the mother and give her less jail time. These questions have nothing to do with general question of where life starts.

Doctors, medical boards, governments, and rabbis need to determine when life ends (its not always an easy question) and when life begins. No one asks if a rapist's life ends earlier because he hate him. We develop objective formulas for when lives are over. (brain waves, heart beats, viability, or other formulas.) Doctors, medical boards, governments, and rabbis also need to determine when life begins, generally. "feelings" of who is a person, is not how we usually determine these types of questions.

Remember when some people didn't feel blacks were people for purposes of constitutional rights or murder laws? These questions should not be decided by personal feelings, but by the civilized society.

6
General Discussion / Re: Moving Violation Tickets
« on: May 28, 2019, 08:32:45 PM »
The ticket was issued in this state: NY
The ticket is returnable to in this Town/Village/City: NYC
I have a license from: NY
Commercial/Residential: Res
Ticket one: speeding, 80 in 50 zone (belt pkwy)
PS. no radar or laser device mentioned on ticket.
I want information on "do it yourself": -
I want information on "hire an attorney": -
I want both: True
any advice would be highly appreciated. TIA
Ticket is not $138. They are not telling you about the $300 state DRAT that Albany sends you, after you pay the $138.

NY will report to OH. OH people tell me that the points transfer, but check with an OH attorney.

You can plead not guilty on line, and get another year to think about it.

You can appear yourself at trial (bit of a trip from OH) or you can hire an attorney which is a coin flip on getting the ticket dismissed.

FYI in many places cops need a certain training to "eyeball you" where I live there are only 2 that are. So, it ain't automatic.
NY seems to allow "on the job training" for speed recognition, so they just say I have been a police officer for x years, which was my training.

Anyone have any advise for a ticket on i190 Buffalo going to Buffalo traffic violations
I was going 74 in 55 zone.
I have a Ontario license.
Should I higher a lawyer? Who? Or Plead guilty? Not guilty?
You can probably get all 4 points off with a lawyer. I don't know how people do on their own there. Its a fairly new court.

7
General Discussion / Re: Moving Violation Tickets
« on: May 02, 2019, 02:57:01 PM »
my driver drove up to the holland tunnel on NJ side with a vehicle not allowed in (has a small propane tank), the cop stopped him and ordered him to turn around, along with 3 tickets for obstructing traffic, reckless driving and 1 other thing (cant remember).
any ideas? lawyer?
The tickets were issued to NY or NJ?

Anyone know if a driving without a registration ticket in New Jersey for a NY license will do anything to my insurance? Itís a no points ticket..
The NJ ticket will not affect your record in NY.

Wouldn't he be even better off pushing it off until the beginning of January rather than the end of December?
See the wiki. Points fall off on January 1st after 3 years.

I don't believe a police officer can chase him into a neighboring state or arrest him once he left the state the officer is deputized in.
Next time you are being chased, run! Seriously, you can see the state police doing hot pursuit stops at the NY/NJ border ever day.

It's an infraction to have both a U.S. license and a license issued in a foreign country?
NYS VTL 509-10

Their software is programmed to look for foreign IDs to match up with the same person's U.S. ID?
No idea how it works, but it seems to work some of the time.

But does New York record traffic convictions from the other 49 states unto the motorist's DMV record, even without assigning points, where that the insurance carrier will see non-NY traffic convictions on a NY DMV record?
NY does not.

Is there a guide as to which states record New York traffic convictions?
No one would write such a guide, because drivers only care about their own state.

8
Funny. I just recently hired him. Hope it works out. Clarified one thing for me : that although points you get that are not within 18 months of each other donít combine towards License revocation but the points that are within 5 years of each other DO combine to have to pay the driving assessment  fee starting at 100$ a yr for 3 yrs....(I could have written that much clearer but Iím too lazy sorry.)
He lied to you, as the points issued within 18 months do count for revocation. See the wiki on the general ticket thread: https://forums.dansdeals.com/index.php?topic=1206.0

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General Discussion / Re: Moving Violation Tickets
« on: April 23, 2019, 06:44:47 PM »
Where can I find info on fighting a ticket in writing in the state of Florida or if that's at all possible?

Someone should start another thread for FL tickets.

Are there any specific lawyers that deal primarily with speeding cameras? I have clear proof that I was not speeding and that the ticket was issued to the wrong vehicle, I submitted the proof and my evidence to the department of finance will see what happens, and if it comes back that I'm guilty I would want to hire a lawyer to see what he can do for me but then again the Ticket is only $50 so don't know what his gain would be?
I think you answered your question. There are attorneys who represent trucking companies who get thousands of dollars worth of tickets, and they litigate some cases. There are also attorneys who offer memberships for retail clients who get a lot of tickets for about $250 a month. But for a single $50 ticket its hard to see why you would hire someone.

if I get a minute I can post a video for you guys and you can see for yourself and you tell me what you think.

basically I was driving down Coney island avenue in Brooklyn while me being in the left lane I was following the flow of traffic ahead of me going around 35 miles per hour which is 100% legal, you're allowed to go 10 miles over the posted speed limit without having a camera flash.

Not correct. The speed limit is 25, and you are not allowed to do 26. You are conceding that you were speeding, but you are arguing that you should be charged with 35 MPH. Is the fine different for 35 MPH that 40 MPH? If not, you are basically arguing that you are guilty.

Bump please 🙏
"I have a u turn moving violation in NYC. I already pushed off the hearing once hoping it would make the points not affect my insurance but then I read the wiki here 😢. The hearing is coming up again. Should I just plead guilty online and pay etc or is it smart to miss the hearing and hope the cop doesnít show up either (or that wouldnít help if I donít show)? Any guidance = greatly appreciated and a like 😊"
There is no point in pushing off, if you are planing on just pleading guilty in the end. I would suggest that you plead guilty on December 30th, so you save a year on the insurance. If you plan on fighting it, you need to show up yourself, or pay someone to go for you.

They also have an affidavit for where they hold a hearing in your absence. I never heard of anyone winning that way.

I got pulled over in Montvale literally a block away from New York. Didn't think of it at the time but wondering what would have happened if I kept driving. Anyone know?
They can issue and file a ticket based on the original place of occurrence, and chase you down to wherever you run to serve or arrest you. They would also tag on charges for failing to obey an order and fleeing.


18 months later, I got a court date, 3 months out, but no deposition. I called the courthouse about it, they told me to mention it to the judge. ... I very respectfully turned to him and said - 'excuse me officer, can you remind me what the statute of limitations is for a moving violation in NY?' He looked down at the date in my ticket, and then turned back to me and said - 'this is your lucky day'.

In NY (upstate) its one year Statute of Limitations for charging a violation. CPL 30.30(1)(d). In NYC its administrative, so the CPL doesn't apply.

If an American living in the States also has a foreign license (i.e. Israel, U.K., etc.), if pulled over would giving the officer the foreign license instead of the U.S. license avoid points? Be illegal or cause legal problems? Would the officer have any way of knowing that the driver lives in the U.S. (assuming he doesn't tell him)?
Officers will often look your info up to see if you have a NY license as well. It is a traffic infraction to hold 2 valid driver's licenses in NY.

A friend of mine 😉 got pulled over in CT. Gave the cop his Teudat Zehut (Israeli ID card) which is mostly in Hebrew. The cop asked for his name and DOB - and let's just say the cop was given the correct information with minor typos. Of course, the cop didn't find him in the system. When the cop asked why he doesn't have his passport, he told the cop that he wanted to keep it in a safe place.
He was issued a ticket which he never paid.v the address he gave the cop wasn't his own, but rather somebody he new.
Eventually after not paying the ticket, his driving privileges in CT were revoked. Of course the name and dob is incorrect so that won't make any difference.
Unless the DMV connects the files and they arrest you for driving with a suspended license. The Department of Homeland Security is updating the DMV software to detect duplicate IDs. The DMV regularly combines files and does not give you notice.

Need some advice. I got a ticket for making a right turn when there was apparently a sign that said no right turns during certain hours. While he had me pulled over, he grabbed another 6 cars that did the same thing, some of them taxis. Any point to going to court and arguing that the sign was obviously not placed properly if 7 of us made the same turn in the span of 5 minutes? As an aside, the copy of the ticket that he gave me has such light writing that I honestly cannot make out even one word... Not sure if that is an argument
They are phasing out the hand written tickets. The judge will probably be able to read it.

As for everyone doing it, everyone violates the law. You can check out the street on google maps to see if the sign is visible.

About what percent of moving violations in NYC are found not guilty if you use a decent lawyer?
50%

all they do is push it off and hope that the cop dosnt show up which usually never happens in NYC (NYPD cops are really board) or for 18m and then they plea guilty and u pay the fine. i never heard of anyone that received a plea in NYC

The real lawyers take the tickets to trial. If the attorney is just pleading guilty, you will be guilty 100% of the time!

+1, though the strategy is generally to push it off so much, so that by the time one is found guilty, the points are ready to fall off almost as soon as they appear (they aren't there until one is found guilty).

Not true. Please see the wiki. You still get the points if you are found guilty, even after 18 months.


So, at least in theory, delaying a guilty verdict for any amount of time in New York does not help the motorist. ... But it still doesn't help with the DMV points and potential suspensions, in any event. (Unless the ALJ who rules on the tickets guilt specifically waives the points for such an old ticket. A good lawyer can help in that regard.)
The ALJ cannot waive the points, as they are assigned automatically by the DMV. The ALJ can waive some suspensions based on points.


The last I checked a handful or two of years ago, NY points only transfer to out of state licenses issued in Michigan, Ontario and Quebec. (I may be off by one state/province, but definitely not NJ.) It's been like that for many decades but possibly changed in the last 5+ years. Similarly, NY will (unless it's changed) only count out-of-state points for NY licenses issued by those three state/provinces. ...
Not correct. NY reports moving conviction to all 49 states. Some states use that report (like NJ) others do not (like PA). You are correct about NY not recording points except from Ontario and Quebec. NY does not record points from Michigan.

Is there any point in trying to fight an improper turn ticket for failing to signal before turning? The guy had me turn on my blinker to see that it's working and then went to the front and back of the car to have it recorded with his body cam  ::)
Its worth 2 points. There may be another defense.

Monroe township
Disobeying traffic sign
Am I ok going to court myself?
Clean record
Monroe/KJ NY
thanks, was looking for an answer in regards to this court specifically.
I know in Ramapo all they will usually change it to a parking/pump ticket
Hoping that's the case here as well.
You can go yourself. They will offer a parking ticket.

If I had a cell phone ticket in 2015 shouldn't it be off the record by now? I went to see how many points I have before I pay the above and I still see 5?
Its 4 years from the date of conviction, the date of violation is irrelevant for falling off the 3 year record. See the wiki.

10
NY Defensive Driving Course for $19.99 on groupon

https://www.groupon.com/deals/national-traffic-safety-institute

Usually goes for $25-$45

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General Discussion / Re: Moving Violation Tickets
« on: February 17, 2019, 02:06:55 AM »
In NYC after I pushed off my ticket twice, and now need to post a bond to push it off a third time do I need to have a good excuse?
nope, just post.
Next time they might suspend you during the adjournment.

13
General Discussion / Re: Moving Violation Tickets
« on: February 13, 2019, 10:07:19 PM »
Got a 6 point speeding ticket in NYC. I have a NJ license, so only 2 points transfer to NJ. My question is: if I take a defensive driving course to get 2 points removed, will my insurance go up? Do they look at my NY driving record or only my NJ record?
Taking the Defensive driving course in NY will have no affect on the points transferred to NJ, and no affect on the fine (around $550).

AFAF, got a speeding ticket in Staten Island for going 31 over,  is it worth pushing off for 2 years with a lawyer (heard its impossible to fight in Staten island)if only 2 points post to my NJ license or should i just plea guilty and pay the fine and hope that insurance wont go up? TIA
If you push off for 2 years, then are convicted, your insurance will be affected starting from the conviction date. Not impossible, but difficult to fight. The fines are around $780 and the Staten Island Judge could suspend you for this ticket alone.

If I get a mv ticket with points in brooklyn and push of the ticket for 3 years will it show on the license or effect my insurance?
In NY, yes, for up to 4 years following the conviction. See the wiki.

Got a seat belt ticket in nyc for a 13 year old in the back seat by a red light, claimed in court that the child was exiting the vehicle by the red light i brought a witness as well. The judge told me that its not legal to exit the vehicle for a child that needs seat belt, i had to pullover to the curb, judge claims that even the car is on park its still called vehicle in operation. Can i appeal this decision? is it called operating a vehicle while you are by a red light and the car is on park?

If you made the argument at the hearing, you can raise it on appeal. Its a legal question, so the appeals board is likely to consider it, if you are correct.

I'm no lawyer but if you Google the "Drivers License Compact" there are 45 states which share all driver violations with each other. If both states are part of it, the state of the violation will report the violation to the home state. Different states have different systems of how to process these violations, whether to assess points or not and how many points to assess but the violation will transfer.  Ask a lawyer in your home state how they will process the violation.

Many states go beyond their obligations under the "Drivers License Compact." But check the wiki for information on whether points transfer to NY.

usually what happens is you go to court (or u send a lawyer) and they offer a plea bargain if you plea guilty, if you choose to decline the plea the judge sets a court date and the officer has to show up to testify against you, now if he dosn't show the judge will try to setup another court date and hope that the cop shows up after 2 or 3 times (every judge is diff) they will dismiss your case.
Not in NYC: no plea deals.
There was a recent cases where a higher court required dismissal after the officer not showing up a single time, without an excuse.

On a similar topic, Alan Simon is removed from the bench and the bar, due to how he spoke to people in court. https://www.lohud.com/story/news/local/rockland/spring-valley/2019/02/13/state-court-disbars-spring-valley-mayor-alan-simon-attorney/2862494002/

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General Discussion / Re: Moving Violation Tickets
« on: January 23, 2019, 07:24:52 PM »
Are you asking about the NJ record or the NY record?

15
General Discussion / Re: Moving Violation Tickets
« on: January 21, 2019, 10:28:05 PM »
That means a 4 point speeding ticket given in new jersey if paid or fought in court won't effect your insurance policy in NY?
 So points and the info don't transfer over. Good to know.

 Really no point in paying a lawyer for a 4 point ticket and missing registration, probably best to schedule a date in court and get the registration dismissed and pay the 105 for the speeding ticket and leave the points on for 3-5 years?
Assuming that nothing transfers from NJ to NY with info regarding a speeding ticket.
  I remember some people telling me that an out-of-state ticket will affect your insurance but will not affect your accumulated points or your count in NYC.
The only way for your insurance company to raise your rates based on the NJ ticket is if you get suspended for failing to answer, get suspended in NJ for too many points, or if you call your carrier to notify them yourself.

I personally saw an MVR (Motor Vehicle Report) from someone with a NY license that paid multiple NJ speeding tickets, it was entirely clean.

Likewise (my own!)

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