Schenectady City Court Throws Out Five-Point VTL §1225-d Ticket — Supporting Deposition Never Served
Five-point portable-device ticket dismissed after TraCS filing alone failed CPL §100.25 service and proof-of-service requirements.
Five-point portable-device ticket dismissed after TraCS filing alone failed CPL §100.25 service and proof-of-service requirements.
Wilton Town Court resolved five tickets — including VTL §402.1 plate, reckless driving, and aggravated unlicensed operation — through a negotiated plea. The plate charge and misdemeanors were dismissed/covered under the global agreement.
Lindley Town Court dismissed a VTL §402(1)(b)(i) dirty-plate violation and companion ticket after our client completed the traffic diversion program and the People moved to dismiss — no points and no fine.
Union Town Court dismissed a VTL §402(1)(b)(ii) plate violation and companion speeding ticket with prejudice after the People failed to respond and CPL §30.30 speedy trial time expired — no points and no fine.
Steuben County Court vacated a Wayland Town Court conviction after the lower court again failed to file and serve the Court Return, even after a direct court order — the firm's fourth confirmed Steuben County appellate win.
Oneida County Court reversed a Verona Town Court VTL §1163(e) failure-to-use-four-way-flashers conviction after the People conceded the traffic ticket was facially insufficient — conviction reversed, ticket dismissed, and fine and surcharge remitted.
Columbia County Court reduced a Claverack Town Court VTL §1180(b) speeding conviction to a VTL §1201-a parking infraction — zero points — in the interest of justice after the prosecution failed to submit a brief on appeal.
Steuben County Court vacated a Wayland Town Court conviction after the lower court failed to file and serve the Court Return required to perfect the CPL §460.10 appeal, even after a direct court order to do so.
Valley Stream traffic attorney Benjamin Goldman was cited in Newsday’s report on how Long Island’s town and village justice courts raised $47 million in 2024—and how plea deals keep revenue in-house.
Utica City Court granted a motion to dismiss a VTL §1180(d) speeding charge after the People failed to serve a supporting deposition following a timely CPL §100.25 request. Read the memorandum decision and case summary.
The Jefferson County Court reversed a Town of Orleans Justice Court conviction under VTL §1110(a) (Failure to Obey a Traffic Control Device). Learn how the Benjamin Goldman Law Office successfully challenged the case and secured a dismissal.
Canadian residents need to ensure that they are calculating the kilometers per hour while driving in New York.
There have been numerous reported cases of local police calling ICE down to pick up undocumented drivers.
A recent Princeton University study entitled “Speed Trap or Poverty Trap” was conducted on the impact of.
Highway use tax (“HUT”) is complex and not following its specifications can result in hefty fines and possible loss of license.
It is a little known fact that most town and village justices in New York are not attorneys.
In a decision out of Michigan, a federal court ruled a police officer is not allowed to stop a motorist more than once for the same violation.
A Coram Nobis Motion is an old common law motion in New York State that can often be utilized to vacate a guilty plea.
New York law allows for an attorney to go to court instead of their client.
The Driver Responsibility Assessment (DRA) is a fee for obtaining six points or more in the span of 18 months.
It happens often that an out-of-state driver does not know that their New York privileges are suspended. They get pulled over, a police officer runs their record, and they are arrested for driving with suspended privileges.
While most people know (or should know) that you cannot text and drive, the parameters of what you can and cannot do on your phone are not well understood.
At some point in your life, you will probably receive a speeding ticket. There are a variety of factors that influence how much you will be affected by this ticket.
NYC Traffic Tickets Statistics for 2025.
A “fix-it ticket” is pretty much what it sounds like. An officer will pull you over for some type of problem with your vehicle- this can range from an unsatisfactory license plates to significant mechanical problems.
When motorists are given a traffic ticket they are often faced with a three step dilemma.
This official piece of paper will indicate the final result of the charge(s) you were facing.
New York State law allows defendants to “waive” their personal appearance in traffic court, meaning your attorney can go to traffic court in your place.
Experienced traffic ticket attorneys can maximize your opportunity while you stay at home, at your job, or in school.
There are four New York State justice courts with a Ballston Spa address.
After a New York driver obtains their full time driving privileges they are placed in a six-month probationary period.
New York State is one of the toughest jurisdictions on cell phone tickets.
Some town court judges require that attorneys produce a waiver with an original signature.
The answer to this question remains a point of disagreement with police officers.
New York City residents typically pay higher car insurance rates. The increased rates are due to a number of reason.
Up until 2017 taxis were exempt entirely from any seat belt laws. Meaning the taxi driver or any of its passengers did not have to wear a seat belt.
This is a blog posting about drivers that are not licensed in New York but have suspensions in New York.
This is a question we get often and unfortunately the answer is not simple. There are two aspects to “points” going on your license. The first is insurance purposes and the second is for DMV purposes. They each have their own calculations.
N.Y. Penal Law § 270.25 - §270.35 is a block of sections that concern the unlawful fleeing from a police officer in a motor vehicle.
If you’ve received a ticket and have an upcoming court date, this article can be a general guide to what you will experience
Since around the Year 2000, many village courts have closed. This is mostly due to the diminishing population in upstate New York.
There is an urban legend out there that if you push off the trial for your ticket for a certain period.
Getting cited for "Aggravated Unlicensed Operation" is a criminal offense with varying degrees of severity.
DUIs can be devastating for ordinary drivers but even moreso for a CDL driver.
A hardship license allows drivers to drive under specific circumstances after receiving a DUI.
If there is increased exposure to liability, the insurance company will raise the premiums to balance out their exposure to liability.
You only need to stop if the accident is between a “horse, dog, cat or animal classified as cattle.
An allegation of leaving the scene of an accident is serious, ranging from a traffic ticket to a felony.
Unlike most other states, New York will not put out-of-state traffic convictions on your driving record.
In a cost saving measure, the North Syracuse Village Board voted to abolish the North Syracuse Village Court.
On June 28th, 2022, the Honorable Kenneth J. Kremenick passed away unexpectedly.
You only need to stop if the accident is between a “horse, dog, cat or animal classified as cattle.
An allegation of leaving the scene of an accident is serious, ranging from a traffic ticket to a felony.
Unlike most other states, New York will not put out-of-state traffic convictions on your driving record.
In a cost saving measure, the North Syracuse Village Board voted to abolish the North Syracuse Village Court.
On June 28th, 2022, the Honorable Kenneth J. Kremenick passed away unexpectedly.
In general, courts deal with 100+ mph speeds differently than other speeding violations.
The term “roadside reduction” refers to a situation where the police officer that pulled you over decides to issue a lower-level ticket than what they could have issued.
You received a ticket in another state and failed to answer the ticket with a Guilty plea or Not Guilty plea.
Driving without Insurance, Reckless Driving, and Speeding more than 40 miles per hour over the limit
If your driver's license has been suspended in New York, one of the first things you should do is to reach out to an experienced attorney who can help guide you through the steps of getting your driving privileges reinstated.
A class-action lawsuit was just filed in the New York County Supreme Court (trial level) against the New York State Department of Motor Vehicles (DMV).
Getting a notice in the mail from the New York State Department of Motor Vehicles telling you that your driving privileges have been revoked can be a very unwelcome surprise, especially if you didn't know that was even a possibility.
The New York State Department of Motor Vehicles (DMV) does a number of different calculations of tickets that you received within an 18-month period.
This notice is for out-of-state drivers that failed to answer a traffic ticket or failed to appear in court.
Two recent county court decisions have held that a mere traffic ticket must comply with CPL 30.30 speedy trial rights
Radar devices basically work by bouncing radio waves off of objects and this motion can be interpreted as speed in regards to traffic tickets
Transgressions made many years ago can come back to haunt you.
New York's Zero Tolerance Law imposes penalties on drivers under 21.
From time to time, a motorist driving in New York will encounter a vehicle checkpoint.
One of the nastiest webs to navigate is insurance while having one or more DUI convictions on your record.
Under the Interstate Driver's License Compact, a member state's version of the DUI law is evaluated and compared to New York's statute. If it is similar enough, the conviction will be given reciprocal effect.
On December 17th, 2020, the residents of the Village of South Nyack voted to dissolve their village and their 142-year-old government.
One of the rarest citations issued in New York is for driving too slowly.
New York ruled that NYCDEP officers are authorized to issue traffic tickets in the vicinity of watersheds they are protecting.
Subsequent to their investigation the police will often issue traffic tickets to the parties involved in the accident.
A court in New York State has determined that you either failed to answer a ticket, failed to appear at a court date, or failed to pay a fine for a plea-bargained disposition.
If you are an out of state driver that has received a New York Traffic Ticket, there is no need to worry.
After a New York driver gets suspended they are placed in a six-month probationary period.
New York law provides that the completion of a defensive driving course will give the driver a 4 point ‘credit’. This allows the driver to avoid getting suspended when they get 11 points in 24 months.
Traffic tickets in New York City cannot be negotiated. Meaning there is no way for you or an attorney to go to court and get the points reduced in exchange of paying a fine for a parking ticket.
A dangerous driving ticket carries 2 points, but this is a ticket that is rarely issued.
The NYPD is now testing a new pilot program in Staten Island that would do away with the police coming down at all for minor accidents.
If you were charged with Aggravated Unlicensed Operation in the third degree, or AUO3, for driving after your New York driver's license was already suspended or revoked, you have been charged with a misdemeanor.
People failed to state readiness for trial within 30 days of the commencement of the case
The Victim Impact Panel is a unique event, and motorists typically leave the Panel with a different perspective on their actions and a new found appreciation for careful driving habits.
The history of DWI prosecutions before chemical tests and the history of DWI tests.
As of 2022, around half of the states have passed laws in some form or another requiring motorists to be extra diligent around garbage trucks.
Tickets issued in Kaser are to be adjudicated at the Ramapo Justice Court.
If you are a New York driver that is paying car insurance, it is a good idea to take a defensive driving course. In general, you are entitled to a discount on your insurance rates upon completion of a defensive driving course.
Radar devices will only measure the exact speed of a target vehicle when it is traveling directly at or straight from the radar device.
For a traffic ticket, a prosecutor has to be ready for trial within 30 days of the commencement of the case.
For any traffic ticket to proceed, the ticket must meet a certain standard of facial sufficiency, or it may be dismissed.
After the court accepted the guilty plea and imposed fine, the attorney for Mr. Singh filed an appeal in the Genesee County Court
If your driver's license has been suspended in New York, one of the first things you should do is to reach out to an experienced attorney who can help guide you through the steps of getting your driving privileges reinstated.
Driving in New York is a privilege, not a right. Several things can lead to your driving privileges being suspended, and some of them may surprise you.
Driving with a suspended license leads to serious penalties and life-long consequences for the driver.
In the state of New York, driving with a suspended license is a misdemeanor – a crime. If you’re charged and convicted, you will walk away with a criminal record that will follow you for the rest of your life.
Driving with a suspended license is a crime in the State of New York. Even if you are unaware that your license has been suspended, you will face potentially serious consequences if you are caught operating a vehicle with a suspended license.
Supporting depositions are requested but not delivered in a timely manner
The attorneys from the Benjamin Goldman Law Office were successful in getting the school zone speeding ticket dismissed entirely
Information about the roads in Suffolk County
A little known fact is that a driver’s license can be taken away by the state for a variety of reasons that don’t involve driving.
Operators of radar devices are taught a specific process when handling the radar devices.
Defendant was initially charged VTL 1144-AA, “Failure to Move Over”, but the judge overturned the convicition.
Defendant was initially charged VTL 1180(d), “Speeding”, but the judge overturned the convicition.
In New York State there are speedy trial rights for traffic tickets.
On September 4, 2024, Judge David Renzi issued a decision overturning the conviction in Adams Town Court and ordered that the speeding charge be dismissed
At trial, the trooper failed to identify the Defendant in any way, resulting in a dismissal
National Historic Registered Places
Cortland County joined other New York State County Courts in ruling that that § CPL 30.30(1)(a) applies to traffic tickets
This law requires drivers of commercial motor vehicles (CMV) be medically qualified.
The Driver Responsibility Assessment fee is imposed in two circumstances: a conviction for certain traffic offenses, or the accumulation of 6 or more points on your driving record within 18 months.
Commonly known as Red-Light cameras, these surveillance systems were put in place to monitor busy intersections in cities and ticket as many violations as possible.
It is not uncommon for drivers to miss their appearance date or forget about the ticket altogether. Unfortunately, forgetting about a minor traffic ticket may have drastic consequences.
Operators of commercial trucks know that there are more rules regulating driving commercial trucks than non-commercial vehicles.
Convictions for failure to maintain insurance are catastrophic and have a myriad of collateral consequences.
Failing to pay a ticket can quickly turn a small matter into significant fines
New York City has an additional set of traffic rules organized in Chapter 4 of the NYCTRR
One of the most ticketed violations in New York City is for failure to yield to pedestrians.
If you drive often in New York City, there is a high likelihood you will be pulled over for failing to yield to a pedestrian.
Some officers charge motorists with speeding in violation of 4-06(a)(2) instead of 1180(d)
If you are issued a speeding ticket for 1180-D the police officers can also issue the ticket as a violation of 4-06(a)(1).
The charge can be substantiated when the motorist simply does not have the documents or is taking too long to find them.
There are many busy roads that are entirely off-limits to CMV’s, including all Parkways
The New York City Traffic Violations Bureau (TVB) handles all traffic tickets issued in New York City
4-07(b)(1) prohibits motorists from stopping or standing in a lane designated for driving