LONG ISLAND TRAFFIC ATTORNEYS

If you receive 11 points or more in 18 months, the DMV will suspend your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.

Current as of (summer 2017) Nassau County Traffic and Parking Violations Agency (“TPVA”) program for cell phone tickets (it can change without notice at any time):

Distracted Driving Education program (For Nassau County TPVA)

A first time conviction for unauthorized use of a portable device, can result in fines and fees of $333 and 5 points assessed by NYS DMV on a motorist’s driving record. In addition to the fines and points, a conviction may have a negative impact on one’s automobile insurance.

As an alternative, first time offenders will be offered in Nassau County TPVA the opportunity to have the chargers significantly reduced. Keep in mind that no motorist is entitled to such offer as a matter of right, it is still within the discretion of prosecuting agency to make such an offer. While there will still be a fine, the points will be vacated for those who successfully participate in the Pilot Project Deterrent Program and demonstrate they understand the serious consequence of distracted driving.

For violations under VTL 1225-c (use of mobile phones) and 1225-d (use of portable electronic devices) the negotiated plea will be recorded as “Guilty” to a violation of VTL 1129(a) – following too closely – a 4 points violation with a recommended fine of $150 plus any applicable surcharges and fees (currently a total of $333).

1. Defendant must allocate to the improper use of the electronic device and waive appeal
2. Payment in full must be made on the date of disposition
3. The case will be adjourned for approximately 120 days
4. The offending motorist must within 10 days at his/her sole cost (approximately $125) register to have a device installed in their vehicle which will prevent the unlawful use of any electronic device by the operator
5. The device will be monitored and will generate a report
6. The report must be presented on the adjourned court date
7. If the report is deemed satisfactory, at the sole discretion of TPVA, the original plea to VTL 1129(a) will be vacated and a plea of “Guilty” to a no point parking violation will be entered
8. The total amount of money previously imposed and paid will remain the same, but reallocated
9. If the report is not submitted and/or is deemed unsatisfactory, the negotiated plea to 1129(a) will stand without change.

Please note that our office is located within 5 minutes walking distance of Nassau County TPVA and we can handle traffic tickets there, including enrolling the client for the above-referenced cell phone program without the need for the client to go to court, as long as they execute an appropriate affidavit.

What happens if I forget to answer my traffic ticket ?

Please note, it is very important that you answer your traffic ticket in a timely manner.

Failure to answer your traffic ticket may cause your driver license to become suspended. In addition, if you fail to answer your ticket or appear in Court on the scheduled date, after a certain period of time, the Court may enter a default conviction and order you to pay fines and surcharges. If you still fail to pay fines and surcharges, the Court may enter additional suspension of your driver’s license or driving privileges, if you reside out-of-state. In addition, Department of Motor Vehicles (“DMV”) will assess points against your driver’s license or privilege for the default convictions the same way as if you went and were convicted after trial.

As you can see, simply forgetting to answer a traffic ticket, may result in compounding problems that will cause you time, aggravation and money.

Suspension means your driver license or driving privilege will be taken away for a period of time before it is returned. Period of suspension depends on several factors including your prior driving history as well as ground for initial suspension. You may also be required to pay a suspension termination fee. This suspension period can be definite (which has a beginning and end date) or indefinite, which does not end until you take a required action.

Common scenario:

Driver gets a traffic ticket that she/he forgets to respond to on time.

Driver does not receive mail from DMV where he resides or simply does not open them or just ignores these letters. DMV will inform such driver that since driver failed to respond to a traffic ticket, her/his driver license or privilege will be suspended. Driver continues to disregard it and eventually forgets about that. Please note that it is not a defense to state that “DMV probably sent these letters to my old address where I no longer reside and do not get mail from there and I did not know it was suspended”. Driver must inform DMV within 10 days of her/his address change. The element of the offense is ”knew” or “should have known”. It is important that DMV has updated driver’s mailing address on file. Many suspended license tickets can be avoided if such important letters from DMV received and complied with by drivers.

Once driver fails to respond to such letters informing her/him that driver license of privilege will be suspended, in fact license gets suspended which prohibits driver from operating a motor vehicle. Driver forgets about it and continues to drive. Then driver gets pulled over for an unrelated violation and police officer upon checking the status of license/privilege issues a criminal charge – unclassified Misdemeanor – Aggravated Unlicensed Operation in the 3rd degree – (aka driving with a suspended license) -- VTL 511.1. Depending on number and dates of outstanding suspensions, such charge can be VTL 511.2 or even 511.3 as a felony. Police Officer will (in most cases) issue summons to appear in criminal court of the county where the driver was operating a motor vehicle. Police has the authority to arrest a driver, take him/her into custody, hold driver until the diver will see a judge at arraignment. There are many instances where it happens, with more detained cases being in NYC than Nassau or Suffolk counties.

Upon receiving such criminal summonses – VTL 511, drivers rush to DMV to pay/resolve outstanding suspension/tickets. However, they do it after the fact. In addition of doing this, they still must appear in criminal court (or village court if it happens within a village) to answer newly received criminal charge of driving with suspended license. Please note that it is not a defense to say “But I went to DMV and paid the ticket after Officer told me that my license is suspended, why do I need to come to criminal court?” Driver must appear in Criminal court since on the date when driver was pulled over and issued summons, his/her driver license was suspended and the fact that it was cleared AFTER the fact does not exonerate the driver. It is a factor to consider to negotiate a resolution of the criminal matter.

Contact our office to get a detailed consultation on how we can get rid of criminal charges in court despite that driver was in fact driving with a suspended license on the date in question.

Call us at 516-505-2300 or 718-368-2800 or email SharifovR@LawfirmSR.com

Similar situation may happen when there is an insurance lapse.

Common scenario:

Driver gets a car insurance, pays for 1 month, gets insurance card for a period of 6 months.

Diver fails to make next insurance payment on time and insurance sends a letter to driver /registered car owner notifying him/her that insurance company will notify DMV that such insurance was cancelled. Driver either ignores, forgets or does not get/does not read such letter and eventually insurance company notifies DMV that certain car does not have a mandatory NYS insurance. DMV will notify the registered car owner that failure to resolve this issue will cause DMV to suspend its registration. Owner fails to comply, and continues to drive (whether owner or anybody else) the car. DMV suspends registration of such vehicle prohibiting this vehicle form being operated on NYS public roads. When this vehicle gets pulled over by police whether for unrelated violation or if police run its license plate/registration, Police will check the validity of its registration. If it is suspended -- driver of such car will get charged with a criminal offense – operating a motor vehicle with s suspended registration – VTL 512 – unclassified Misdemeanor and will issue summonses for the driver to appear in a criminal court, or village court if it happens within a village. It does not matter if this driver is not the registered owner of this vehicle, ticket still will be issued. In addition to charging the driver with VTL 512, officer may (in many instances will) issue these additional charges – VTL 340 (unclassified misdemeanor), failure to surrender revoked/suspended plates to DMV, 401.1 – operating without registration, 319.1 – without insurance, 306b – without inspection.

Many drivers puzzled why “no registration”, “no inspection”, “no insurance” are being charged since they have it on the date when they were pulled over. However, the fact that DMV suspended vehicle’s registration, automatically cancels its inspection. If it is alleged that registration was suspended due to a lapse in insurance, police will also issue VTL 319.1 – operating without insurance since an insurance card will not be accepted as its proof at the scene.

Knowledgeable criminal defense attorney will be able to negotiate a dismissal and reduction of these charges in court despite that there is a proof that registration was properly suspended by the DMV and driver was in fact operating a vehicle with a suspended registration.

Contact our office to get a detailed consultation on how we can dismiss criminal charges in court. Call us at 516-505-2300 or 718-368-2800 or email SharifovR@LawfirmSR.com

Some people have a mistaken belief that DMV cannot suspend their driver license if they do not have one in the State of New York. In fact, DMV can suspend driving privileges for the out-of-state drivers as well as driving privileges for the unlicensed people for failure to pay/answer tickets.

Definite suspension

If you get a definite suspension order, it will tell you how long the suspension period will last. You cannot drive until the suspension ends, you pay a suspension termination fee, and have a valid driver license. You can use DMV’s link below to check if your driver license is valid

https://dmv.ny.gov

Here are common reasons for definite suspensions:
you did not have automobile liability insurance
you were convicted of an alcohol or drug charge
you received too many traffic tickets in a certain amount of time
you did not follow the rules for junior drivers
you failed to pay a DMV fee

Indefinite suspension

If you receive an indefinite suspension order, it will tell you what you must do to remove the suspension, such as answer a traffic ticket, pay a traffic fine or file a motor vehicle crash report.

Some examples are:
you did not answer a traffic ticket and/or failed to pay a DMV fee
you did not file a motor vehicle accident report
you failed to pay child support
you have unpaid NYS tax debts
you did not have automobile liability insurance