Law Office of Randy S. AlpertLaw Office of Randy S. Alpert2024-02-19T05:19:42Zhttps://www.randyalpertlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401696/2021/01/cropped-randy-s-alpert-site-icon-32x32.pngOn Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=496372024-02-14T05:19:56Z2024-02-19T05:19:42ZWhy should I care?
It may seem easier and quicker to simply pay the ticket and move on. Unfortunately, this is generally not true. Paying the ticket can trigger a domino effect of future headaches. Penalties can include more than just the ticket, they could include a suspension or even revocation of your driver’s license and a need to adjust for insurance rates that are likely to skyrocket.
Although it is wise to take any allegation of a traffic offense seriously, it is particularly important for those who have past violations to take action. This is because the penalties increase greatly with each subsequent offense.
What should I do if I get a ticket?
In New York, a ticket for failure to stop is a serious traffic offense. It indicates that a driver did not adhere to a stop sign or red light. But you do not have to simply agree to these allegations.
You can fight back.
You can take your case to the New York State Department of Motor Vehicles Traffic Violations Bureau (TVB) at a TVB hearing. The first step is to respond to the ticket. There is generally information on the ticket that explains how to plea. If you choose to fight back, you would plea not guilty. There is a set deadline to make your plea, so be sure to review the ticket carefully.
Next, you schedule a hearing and complete paperwork. At the hearing, the officers would need to provide “clear and convincing evidence” that you did, indeed, fail to stop. This is a high standard. The officer will testify, and you or your legal representative can question the officer. The judge will review the evidence and decide the case.
Receiving a ticket for failure to stop in New York is not to be taken lightly. It can lead to fines, points on your license, and increased insurance rates. Respond promptly to the ticket and consider your options carefully. If you decide to plead not guilty, prepare by collecting any relevant evidence. Stay informed about the impact of traffic violations to better navigate the legal system and protect your driving privileges.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=496262023-11-27T06:03:26Z2023-11-30T06:03:02ZUnderstanding a moving violation
Traffic violations come in many forms, one of which includes the moving violation. For CDL holders, a moving violation occurs during the operation of a commercial motor vehicle. Actions that count as a moving violation include any driving behavior that violates federal, local or state driving laws.
Speeding is one of the most common moving violations committed by CDL holders. Reckless driving, tailgating, running red lights, ignoring traffic signs and making improper turns are also common moving violations.
The severity of points
A CDL holder who commits a moving violation can possibly get points added to their driving record. Whether a driver receives points depends on the seriousness of the violation and the state where the violation is committed. For example, a commercial truck driver in New York can lose their CDL if they get 11 points within an 18-month period.
The system and safety
The point system is a way to keep unsafe commercial truck drivers off the roads, as an unsafe driver is a threat to everyone. With the point system, an unsafe driver is easier to spot. A driver who accumulates a great deal of points clearly commits a lot of traffic violations.
To preserve your truck driving career, you should take care to avoid committing moving violations. You can keep your driving record clean by always driving within the speed limit and becoming familiar with local driving laws. It also helps to stay alert and avoid driving when sleepy or intoxicated with drugs or alcohol.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=496232023-12-11T13:38:57Z2023-08-29T07:43:47ZReview the ticket carefully
Before taking any action, carefully review the speeding ticket details. Ensure that all the information, such as the date, time, location and vehicle description, is accurate. Any discrepancies or errors could potentially work in your favor.
Gather evidence
Collect any evidence that might support your case. This could include photographs, videos or witness statements that challenge the alleged speeding violation's accuracy. For instance, if you believe road signage was unclear or obstructed, document it with visual proof.
Understand local laws and regulations
Familiarize yourself with the traffic laws and regulations specific to the area where you received the speeding ticket. Understanding the local rules can help you better evaluate the citation's validity and identify potential defenses for your strategy moving forward.
Consult traffic laws
Research the exact traffic violation you are accused of committing. This will enable you to understand the legal language and elements required to prove a speeding offense. Compare these legal requirements to the circumstances surrounding your ticket.
Request a hearing
If you decide to contest the speeding ticket, you'll typically need to request a hearing. Follow the instructions provided on the ticket or contact the appropriate traffic court to initiate the process.
Prepare your case
Present your evidence, witness statements and any other relevant documentation during the hearing. Be prepared to explain your side of the story clearly and concisely to the judge.
Negotiate with the prosecutor
In some cases, you may have the opportunity to negotiate with the prosecutor before the hearing. They might offer you a fine reduction or an alternative outcome, such as attending a defensive driving course.
Remain courteous and respectful
When contesting a speeding ticket, maintaining a respectful attitude can go a long way. Show respect to law enforcement, court staff and the judge. Demonstrating professionalism and keeping a calm demeanor can influence your case's outcome.
Get legal counsel
You do not have to challenge a speeding ticket on your own. Many people choose to have an attorney represent them to ensure they understand their rights and options. This can be especially helpful if you have prior tickets and are worried about losing your driver's license.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=496172023-05-23T08:45:48Z2023-05-26T08:45:30ZDWI, the pilot must inform the Federal Aviation Administration (FAA). The pilot’s employer also receives news of the arrest. If the DWI results in a conviction, the pilot could lose their license, get suspended or lose their airline job.
Help for commercial pilots
The FAA can permanently revoke a pilot’s license to fly. However, a DWI doesn’t always destroy an airline pilot’s career.
The FAA allows pilots to participate in a drug and alcohol treatment program specifically for airline pilots. The Human Intervention Motivation Study is a program that helps pilots overcome drug and alcohol abuse.
To participate in the program, a pilot must have tested positive for drug use or been diagnosed with an alcohol disorder. During the program, the pilot receives treatment and monitoring of their progress.
Potential dangers of alcohol abuse
A commercial pilot who drinks and drives might also fly while intoxicated. Alcohol can impair a pilot’s judgment, reflexes and ability to handle an emergency. And this could result in a catastrophic plane crash.
A DWI can have life-changing consequences for a commercial airline pilot. Any pilot wrongfully accused of a DWI should take the accusation seriously. And any pilot who struggles with alcohol use should consider seeking professional help.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=492442023-02-17T10:43:08Z2023-02-22T10:42:35ZMost traffic violations are civil complaints
Although the police can immediately see your driving record when they stop you, most traffic violations are civil complaints. This classification means that most speeding tickets and similar traffic tickets won't show up on background checks because these focus on criminal history.
However, a speeding ticket or another traffic offense could show up on a criminal background check if the offense was severe. In other words, if you were convicted of drunk driving or a hit-and-run, especially if your actions caused severe injuries or death, within the last seven years, the mishap will be on the background check.
Some employers or landlords may dig deeper than the standard criminal background check to see what else they can discover about your past. Speeding tickets will usually show up on a check of your driving record. A speeding ticket may also affect your ability to get a new job if it will involve driving.
Minimizing the effects of speeding tickets
Drivers who receive speeding violations in New York can suffer immediate repercussions. The state has a points system for all types of traffic violations that can affect your insurance, driver's license and much more. Depending on your circumstances, you may want to fight the ticket to reduce the penalties.
Even if you can't get your local jurisdiction to drop the charges, in many cases, you can receive a reduction of points against your record. Points reduction is essential if you receive several moving violations within a short period as you could be classified as a high-risk driver.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=492282022-11-22T08:15:09Z2022-11-25T08:09:43ZYou can't be convicted based on an opinion
An officer has the right to issue a citation if there is reason to believe that you acted in a dangerous or reckless manner. However, it will likely be harder to convict you simply because of a belief that a traffic violation occurred. The state will likely need objective evidence that you were speeding, made an illegal turn or took some action that clearly broke the law to obtain a conviction.
Honest mistakes may be overlooked
Let's say that you were ticketed for speeding while driving down a road that had no speed limit sign. In many cases, the assumed speed limit is 55 miles per hour unless there is a notice saying otherwise. If you were abiding by this rule at the time that you were stopped and cited, it may be possible to argue that you weren't doing anything wrong and should have the citation erased.
You tried to do the right thing
If you were speeding in an effort to keep pace with surrounding vehicles, it's less likely that a judge would convict you of such a traffic violation. If you made an improper lane change because you were trying to avoid another car or truck that had stopped suddenly, there is a chance that you will have your citation dismissed.
In the event that you're convicted of a traffic offense, you may have to pay a fine or deal with a license suspension. Contesting a citation may enable you to avoid those penalties as well as other potential consequences such as higher insurance premiums or the need to attend driver education classes.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=492242022-08-26T09:20:42Z2022-08-31T09:20:14ZEmployment troubles and drunk driving convictions
Laws vary from state to state, and New York has anti-discrimination rules that affect persons arrested but not convicted of a crime. However, an arrest might show up in a criminal background check when someone applies for a job. Even though the person was acquitted, an employer may dismiss the person from consideration for employment. The burden could then shift to the applicant to prove hiring discrimination.
With a conviction, things could become more challenging for someone with a DWI record. Unfortunately, would-be employers might have biases that impact their decisions.
Then, there are situations where DWI convictions lead to exclusions from certain jobs. If the punishment involves a license suspension, the accused cannot legally drive. Some jobs require reliable transportation and use their car as part of their work duties. Losing the ability to drive legally could make working such jobs impossible.
If enough time passes and the person avoids further drunk driving-related troubles, the license suspension will end. Unfortunately, the time spent without a license and related employment could hurt career prospects.
Fighting the DWI charges
Not all DWI cases have merit, as improperly conducted field sobriety and breathalyzer tests could cast doubts over the admissibility of evidence. Arrests based on questionable probable cause might lead to charges being dismissed.
Sentencing hearings might focus on reducing potential penalties. If an excessive punishment does not burden someone, the accused may be in a better position to address employment concerns.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=490592022-08-04T04:29:35Z2022-06-01T09:53:37ZTraffic points and your license
In New York, the Department of Motor Vehicles (DMV) uses a point system to track traffic violations. Depending on the severity of the offense, you can earn two, three, or five points on your license. If you accumulate 11 points within 18 months, your license will be suspended.
While most drivers are familiar with this point system, commercial drivers are subject to different rules. For example, a conviction for speeding in a work zone could result in four points being added to your personal driver's license but eight points to your CDL.
The same is true for other offenses such as tailgating and cellphone use. A first offense for either of these violations will result in three points on your personal driver's license but five points on your CDL.
Offenses that lead to automatic license suspension
A traffic violation can also lead to the suspension or revocation of your commercial driving privileges. In New York, a first offense for speeding over 55 mph or tailgating could result in a 60-day suspension of your CDL. A second offense within three years could lead to a 120-day suspension.
Offenses that will result in an automatic suspension of your CDL, regardless of the number of points you've accumulated, include DUI or DWI, leaving the scene of an accident, and refusal to take a chemical test.
When it comes to DUI/DWI, a first-time offense will lead to the loss of your commercial driver's license for one year. If you have a second offense within three years, you will lose your CDL for life.
A traffic violation can have serious consequences for commercial drivers in New York. Therefore, it is essential for you to be aware of all the traffic laws and how they might affect you and your career.]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=490582022-10-17T20:03:21Z2022-02-28T23:14:05ZWhat is the range of traffic ticket points?
It's a good idea to learn how this point system works. The penalty structure for points for a speeding ticket can be summarized as follows:
• Speeding 1-10 miles: 3 points
• Speeding 11-20 miles: 4 points
• Speeding 21-30 miles: 6 points
• Speeding 31-40 miles: 8 points
• Speeding over 40 miles: 11 points
What can you do about a speeding ticket?
Although points may be few in number, they can very quickly add up into a major problem. The last thing anyone needs is to have their driving privileges suspended or revoked over minor traffic issues.
If you were ticketed, there are many factors that you can base your traffic ticket defense on. One of them should be an understanding of what points are and what they can do to your status as a driver. Your defense may revolve around the fact that you received these points in an illegal fashion. You will need to have evidence to show in order to prove your case.
A fact that you need to be aware of is that plea bargaining for speeding tickets is not available in Queens. This means that you will need to prove that you were not at fault when you were given the ticket. You can claim that proper procedure was not followed, or you can allege the equipment was faulty or used improperly.
You will need to gather up all of the evidence you need to present your case in the strongest possible manner. If you can prove that the ticket was issued improperly, you should not receive any points on your license]]>On Behalf of Law Office of Randy S. Alperthttps://www.randyalpertlaw.com/?p=490522022-08-04T04:29:50Z2022-02-24T16:34:44ZWhat is the range of traffic ticket points?
It's a good idea to learn how this point system works. The penalty structure for points for a speeding ticket can be summarized as follows:
Speeding 1-10 miles: 3 points
Speeding 11-20 miles: 4 points
Speeding 21-30 miles: 6 points
Speeding 30-40 miles: 8 points
Speeding over 40 miles: 11 points
What can you do about a speeding ticket?
Speeding tickets carry a significant number of points and they can very quickly add up to a major problem. The last thing anyone needs is to have their driving privileges suspended or revoked. If you are convicted of three speeding tickets that were issued within 18 months of each other, your license privileges will be revoked by the DMV and you will have to reapply for your license.
If you plead guilty to a speeding ticket, you will be placing your license in jeopardy. Therefore, you should think about the potential consequences before entering a plea. A fact that you need to be aware of is that plea bargaining for speeding tickets is not available in Queens. This means that you cannot bargain with a Judge or prosecutor to reduce the points of the violation that you are charged with. In order to challenge the ticket, it has to go to trial. Having a defense is very helpful but the burden is on the police officer to establish a clear and convincing case for a conviction. Thus, if the officer does not establish a clear and convincing case, even if you have no defense, your case will be dismissed.
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