Monday, October 21, 2013

New York Traffic Court Clerical Error, When a Good Thing Goes Bad

Easy to Get it Wrong from

I was listening to that Drake song, "Doing it Wrong," love them great lyrics and thought about a recent
Good Thing Gone BAD! It wasn't with my wife (thank G-d) but with a Case and a Court.

It May Not Be the End of the World BUT Why Clerical Errors Suck 

I started out representing someone for speeding through a school zone, usually this is a no win, as in nothing to do about this one. These types of tickets I always promise Nada. But in this case, and in this Court, I was able to show the prosecutor and the Judge a perfect driving record of 20+ years, a professional person with no history of anything whatever.

The Reduction from Heaven

They offered a reduction out of the school zone, and down to 5 mph over. BTW prior results don't assure future results. I was ecstatic, and more importantly my client was thrilled with this outcome.

I placed the plea offer into the Court with a letter of confirmation, signed by the prosecutor, and requested a final fine notice. I received the proper confirmation and even a final Court certified disposition. What more could I have done? I also called to confirm all of this.

Meets the Court Clerk from Hell

They still screwed up! Someone, some clerk entered it wrong into the computer. Entered the original speed (double over) and in the school zone. I found out because my client received the NYS DMV driver responsibility surcharge notice demanding a $100 a year for the next three years, yikes!

Today I will contact the Court to rectify this. Is this the first time a Court clerical error has occurred? Are you kidding? Good Things Gone Bad are a daily grind. How many people over the years have lost driver's licenses to clerical errors? Countless.

Imagine all those lost souls who just send in their tickets and money without keeping copies or proof.
Watch my Three Things YOU Must Do if You Are Going to Handle Your Own Ticket here:

That is why sometimes handling your own matter can be dangerous. Clerical errors can last for years in the system and take countless hours and letters to correct. Trouble is it seems that even seasoned (mature) attorneys can't avoid them.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 425 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.