DMV – The Law Offices of Zev Goldstein, PLLC https://trafficticketviolationattorney.com Traffic Tickets Attorney Sun, 13 Oct 2019 00:51:10 +0000 en-US hourly 1 https://wordpress.org/?v=5.6.5 https://trafficticketviolationattorney.com/wp-content/uploads/2019/01/favicon.png DMV – The Law Offices of Zev Goldstein, PLLC https://trafficticketviolationattorney.com 32 32 New York DMV Commissioner ticketed for speeding https://trafficticketviolationattorney.com/blog/new-york-dmv-commissioner-ticketed-for-speeding/?utm_source=rss&utm_medium=rss&utm_campaign=new-york-dmv-commissioner-ticketed-for-speeding Fri, 31 Oct 2014 01:57:23 +0000 https://trafficticketviolationattorney.com/?p=2869 Less than three weeks after her son pleaded guilty to drunk driving, after his involvement in a hit-and-run accident, a story which we have covered earlier on this blog, the Department of Motor Vehicles Commissioner for New York, who is also the chairperson of the New York Governor’s Traffic Safety Committee, was stopped and issued […]

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]]> Less than three weeks after her son pleaded guilty to drunk driving, after his involvement in a hit-and-run accident, a story which we have covered earlier on this blog, the Department of Motor Vehicles Commissioner for New York, who is also the chairperson of the New York Governor’s Traffic Safety Committee, was stopped and issued a speeding ticket of 47 MPH in a 30 MPH zone in the town of Vestal, New York. Is 30 MPH too slow? In NYC, some think that 25 should be the limit. If the commissioner would do 47 in NYC, she would be facing a 6 point ticket.  

The commissioner, Barbara Fiala, who’s speeding ticket alleges that she was driving 17 miles per hour over the speed limit when she was stopped. Ms. Fiala has claimed through the DMV spokesperson that the claimed violation of law was inadvertent and that she has already paid the traffic ticket by mail. She has also pleaded not guilty to the charge of speeding.

The commissioner’s apparent decision to plead not guilty and not pay the entire speeding ticket may raise some ethical questions, as the commissioner is not any other citizen. Should the commissioner be trusted in managing the law and order of the entire state in traffic matters if she herself disregards them?

As we discussed before, in accordance with the policy in the Broome County DA’s office, this ticket can not be reduced to a parking ticket, and the lowest it can go is a 7 MPH speeding ticket. The commissioner does qualify for the diversion program because the policy in the Broome County DA’s office is to allow speeds under 25 MPH over the limit to be entered into the diversion program for first time offenders.

The commissioner’s apparent decision to pay the ticket and plead not guilty may raise some legal questions, just as it would with any other citizen. As we have indicated on our own website, in many cases, paying a speeding ticket has the same effect as pleading guilty and results in an automatic conviction on the charge.

Generally speaking if you have been issued a traffic ticket in New York and plan to fight it, then before paying the fine it is usually a good idea to first consult with a law firm that has experience defending clients in traffic court. Knowledgeable counsel may be able to help you to secure an acquittal, or to find ways to reduce the charges against you as well as any fines you may be subject to.

Source: Pressconnects.com, “DMV Commissioner Fiala gets speeding ticket,” Joseph Spector and Jason Whong, Oct. 21, 2014

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]]> What is Aggravated Unlicensed Operation? https://trafficticketviolationattorney.com/blog/what-is-aggravated-unlicensed-operation/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-aggravated-unlicensed-operation Thu, 14 Aug 2014 15:21:07 +0000 https://abctechweb.net/wptheme/lawfirm/?p=39 Aggravated Unlicensed Operation of a motor vehicle or AUO (NYS VTL 511-1a) is the crime of driving a motor vehicle even after you were order by a Court that you may not drive, also known as Driving with a suspended license. No matter which Court ordered you not to drive, if that Court has jurisdiction is New […]

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Aggravated Unlicensed Operation of a motor vehicle or AUO (NYS VTL 511-1a) is the crime of driving a motor vehicle even after you were order by a Court that you may not drive, also known as Driving with a suspended license. No matter which Court ordered you not to drive, if that Court has jurisdiction is New York State, you can be arrested, charged and convicted of a misdemeanor if you are caught operating a motor vehicle. If you are not sure if your license is suspended or if you were charged with driving on a suspended license, call an attorney immediately.

A common application of this law is when a motorist fails to respond to, or fails to pay a traffic ticket. The Court which has jurisdiction over that traffic ticket is empowered to order the NYS DMV to suspend the motorist’s driver’s license for failing to pay or failing to respond to their traffic ticket. Notably, as long as you do not drive a motor vehicle you can not be arrested. However if you do drive a car and are stopped you can be arrested for violating a Court order.

Aggravated Unlicensed Operation of a motor vehicle or AUO (NYS VTL 511-1a) is the crime of driving a motor vehicle even after you were order by a Court that you may not drive, also known as Driving with a suspended license.

What happens if you fail to respond to a traffic in a state other than New York? Usually what happens is that the NYS DMV will respect the suspension order originating in this other state and suspend your driver’s license here in New York. If you don’t have a NYS driver’s license and you are suspended in another state, it stands to reason that NYS will not issue a suspension against you, and you will be merely unlicensed in NY, not suspended in NY, being that this Court outside of NY does not have the power to suspend your driver’s license in NY.

If you are arrested or charged with Aggravated Unlicensed Operation, or Driving on a suspended license call a New York State attorney to protect you from serious criminal convictions.

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