Ithaca Cortland Lawyer Gets Complete Dismissal of a Speeding Ticket

It can happen, the Complete Dismissal of a ticket. 

Speeding tickets can be nasty business. They can cause short term(fines, surcharges, points, license suspensions), and long term pain (increased car insurance premiums).

Sometimes we can decrease the ticket mph through plea bargaining. Sometimes we can change the infraction (the offense) to something less caustic (irritating). Sometimes we can also completely eliminate the ticket.

The video above highlights two recent cases where we were able to get speeding tickets completely dismissed. The complete dismissal is the exception not the rule but it can be done.

Case ONE, 53 mph in a 30 mph speed zone. 

A 6 point moving violation, would have had hundreds in fines, three years NYS DMV surcharges ($100/year), plus increased insurance costs:

I filed a demand for a supporting deposition along with my notice of appearance to the Court.

They did not send me back a Supporting Deposition with the 30 day time period allowed by statute. I then filed a motion to dismiss the ticket based upon their violation of the law.  

Case TWO, 110 mph in a 55 mph speed zone. Crazy Fast!

An 11 point ticket, automatic suspension, HUGE fines, three years NYS DMV surcharges ($$225/year), plus increased insurance or maybe even being dropped?

I filed a demand for a trial (there was NO offer or plea bargaining with this speed in this Court), cop was a NO show so ticket dismissed.

It begins here but where it goes is up to you and your lawyer
from somestuffaboutmoney.com

To learn about New York's Proof Level for Traffic Violations see my blog post here:

http://ithacadwi.blogspot.com/2013/10/avoca-lawyer-new-yorks-high-proof-level.html

or my blog post on NYS DMV's classification of serious traffic offenses here:

http://ithacadwi.blogspot.com/2012/10/new-yorks-evil-triad-dmv-classifies.html

or Why the need for speed is so costly, here:

http://ithacadwi.blogspot.com/2012/06/ithaca-lawyer-why-sometimes-need-for.html

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

newman.lawrence@gmail.com
607-229-5184

Cortland Elmira Lawyer Why New York Traffic Tickets Tell You Nada

One of the questions I have to frequently answer as an Upstate Attorney is:

Why is that New York traffic tickets (UTTs/Uniform Traffic Tickets) don't tell you how to pay?

They don't tell you what to pay? Basically (the tickets) give very little in the way of direction on what to do next. Only check off a box, guilty or not guilty? do you want a supporting deposition? What if I plead guilty? then what? Questions only lead to more questions.

Who do I pay? Where do I pay? Maybe even, can I just pay this? People (let's call them violators) just want to be done, they just want to put it behind them.

I guess in comparison with Pennsylvania, New Jersey, or even Florida where the tickets have very specific itemized amounts to pay in fines and/or clear cut options (traffic school/diversion) our tickets are antiquated. Much like our system of little village, town, and city courts with night hours, afternoon hours, and non-lawyer judges New York tickets are caught in a time warp.

Bottom Line: You don't know from looking at the ticket, what it will cost or how many points will be assessed. Try calling the Court looking for answers and you may be in for another surprise, these are mostly part-time courts with part-time staff (clerks) and they are rarely there. Some have machines (answering machines) where you cannot leave a message. Some have office hours two or three hours a week. As in please call back between the hours of 10 and 12 on the third Tuesday. I kid you not.

More important things to know:

FIRST: New York courts have wide ranges of punishments for most offenses, including traffic violations.

Ticket fines can range from $ 0 to hundreds of dollars. It is completely in the Judge's discretionary powers.

SECOND: New York courts will potentially assess: points for each ticket, fines for each ticket, a NYS surcharge per ticket, and maybe even a three year NYS DMV surcharge per the points.

THIRD: Even if you get a plea bargain (plea offer) from a District Attorney's office the Judge can choose to accept or reject it entirely or in part. Again this is in their discretion as Justices.

 Caveat Violator in treading these waters. You can always do it alone or you can hire a seasoned navigator familiar with these changing seas. The choice is always yours.

Lawrence (Larry) Newman

Doctor of Chiropractic
Attorney and Counselor at Law

Practice focused on traffic, DWI, and criminal defense within the Finger Lakes area of NYS.

607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com

Ithaca Cortland Traffic Lawyer When is a Guilty Plea Not a Guilty Plea?

The fast answer is "when the guilty plea is qualified" it is NOT an acceptable plea of guilt. Judges must accept pleas, they must give their consent before the plea is accepted and sentencing is announced.

I have people call me about speeding tickets. This one caller wanted to know why since they checked off the guilty box, ie. sent in a plea of guilty to the Court,

Why did they receive back a response letter that stated that the Judge had set it for trial? They didn't ask for a trial?

How did that happen? Why did that happen? So many questions so little time.

If the Court (Judge) had accepted the guilty plea they would have just assessed a fine (based on a range), and the applicable NYS surcharge. If the plea was accepted they would have received a fine notice letter but they did not.

What they forgot to tell me was that they checked the guilty box BUT also included an explanation. This little explanation amounted to qualifying the plea. I am guilty BUT not really because my speedometer was broken, or I wasn't really going that speed, or the road was not clearly marked.

Judges cannot accept pleas of guilt that are not complete, voluntary, and based in fact. More serious criminal cases involve an allocution. This is where you (under oath) must state for the record you are not under the influence of any drugs, in a right state of mind, realize and understand all the rights you are relinquishing, potential consequences of pleading guilty, nature of the charges, and give facts that prove to the Court that you did in fact have a basis in fact for your plea of guilt.

If you in any way are denying guilt or refuting some or all of the charges against you that amounts to a NOT guilty plea. If you did nothing at all (no plea) the Judge must assume you are entering a NOT guilty plea. My advice is to consult with an attorney before committing to any plea.

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic

Attorney and Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com