KNOWING
ABOUT TRAFFIC TICKETS
MIGHT JUST SAVE YOUR LICENSE
LOSE OF YOUR DRIVER'S
LICENSE IS POSSIBLE
While a traffic
ticket is not generally thought of as a complex simple
matter, it can be! Pleading guilty in court can result in
a fine but you must remember the
department of motor vehicles still will place points on
your license for most traffic infractions. The
number of points that will cause you to lose your license
can occur in as little as two or three traffic tickets.
This is why it is important to defend yourself
against a traffic summons even if it is only your first violation.
INCREASE INSURANCE RATES
The insurance law permits your insurance
company to increase your rates upon people
who are convicted of traffic violations. Remember
pleading guilty to a traffic ticket is the same as being
convicted after a trial.
WHAT SHOULD YOU DO WHEN CHARGED WITH
A TRAFFIC TICKET?
Hire an attorney and then
allow the
attorney to aggressively defend you.
Just because you were issued a ticket does
not mean that you are automatically guilty. You are entitled
to plead not guilty and to have your day in court.
HOW CAN MY OFFICE
HELP?
Many motorists get suspended simply because
they fail to respond to the ticket. Some people try to move
away from their problems and soon find out that NY can prevent
you from getting a license in other states as well.
That's why these matters must be handled in a timely and professional manner.
Your attorney can help take care of traffic tickets, even if you live outside
New York State.
Does your
job prepare you to cross-examine a police officer? That
is something best left to someone who knows the rules of
the game- your attorney. An experienced traffic attorney
can help even the odds against you.
For information
about rates and what we need to get started, please contact
us by telephone or use this link to e-mail me right now. NEW
YORK CASES ONLY! Be sure to tell me what
court your ticket is in.
DRIVING WHILE INTOXICATED
- DWI - DWAI
Drunk Driving is a serious
charge. A Driving While Intoxicated charge can be a violation
(DWAI "impaired"), a misdemeanor, or a felony, depending
upon the circumstances and your driving record. Long Island
has some of the strictest DWI laws in the country and can
include forfeiture of your car, your license, and your freedom.
You may be required to attend and complete drug and alcohol
evaluation and treatment before you can drive again. DWI
is way too big an issue to cover in a web site - Please call
our office right away if you have been charged with DWI in
New York State.
OUT-OF-STATE DRIVERS
Do you live outside of New
York State but still have an old conviction on your driving
record here in New York? We can help you clear up your NY
driving record so you can drive again in your home state.
In many cases, we can do the job without you having to make
an expensive and time-consuming trip to New York.
Call our office at (315) 733-ATTY
(2889) and I will be happy to discuss your case.
Remember - this process will take time to complete - the wheels of justice turn
slowly, so get started right away by e-mailing me right now. Click on this link
and describe your problem. NEW YORK CASES ONLY! Be sure to tell
me what
court your ticket is in.
PERSONAL PROFESSIONAL
SERVICE
Please be kind to my hard-working
office staff! I am usually in court helping other clients
when you call, and cell phones are not allowed to be on inside
the courthouse. Please allow my staff to take your name and
telephone number so that I can return your call personally.
(thanks!) All information you give us will be kept in the
strictest confidence.
About Us
The Law Offices of BRAD S.
MARGOLIS handles traffic matters in almost every Court in
New York State. BRAD S. MARGOLIS, Esq. has been assisting
clients with their traffic matters for over 18 years, and
has handled hundreds of tickets.
Tickets
Take advantage of our
free consultation.
Driving
while intoxicated arrests in New York are aggressively
prosecuted by many interests including county prosecutions
and public opinion. If you have been arrested for DWI,
it is advisable not to make verbal or non-verbal statements
including whether or not you have been drinking, whether
or not you were operating the vehicle, et cetera. Also,
please be advised that a refusal to take the blood alcohol
test will result in a six month revocation of your privileges
to drive. This is a paradox, because when you apply for
your drivers license you give your consent to be tested
for blood alcohol content by the fact you have the license
or privilege to operate a motor vehicle. If you actually
have not consumed any alcohol at all and refuse, then
you suffer a six month revocation. If you have had some
alcohol you risk a prosecution based upon scientific
evidence of blood alcohol content. Thus, there is no
easy answer regarding whether or not to "take" the test.
It is however, advisable to take the test if you have had
a small quantity of alcohol because the test results will
reflect this and the prosection will reflect the low blood
alcohol content. If however, hypothetically, the operator
of a motor vehicle has had an extreme amount of alcohol
prior to driving, then the blood alcohol content will reveal
a higher criminal aspect of driving while intoxicated and
thus, result in an aggressive prosecution. The operator
must realize that body weight, amount of food, and other
factors affect the B.A.C. It is generally accepted that
the body can "rid" or oxidize alcohol at a rate
of one drink per hour. This is 4oz of wine, 1-12oz can of
beer, or 1-1.5oz of liquor. This is very variable depending
upon weight, size, et cetera. Bottom line, cooperate and
be courteous and respectful with police authorities in
the event of an arrest. The operator must decide based
upon alcohol consumed or not consumed whether or not to
take the test or refuse. If you have in fact been arrested
you will likely be handcuffed and read your rights. These
are called "Miranda warnings", this really
means that if you give a statement it will be considered
an admission against penal-interest, they will use it against
us at trial. Please be advised that the police will only "Mirandize" you
if they seek to interrogate you while in custody. If they
do not interrogate you, they do not have to "read you
your rights." If you were arrested and you were
not advised of your rights, and they did not interrogate
you, then there is no statement that can be used against
you. This is why, during the vehicle stop, that one should
not volunteer information regarding alcohol consumption,
because it is prior to arrest and thus, you do not have
miranda rights. The common penalties for DWI include
a negotiated plea bargain which is a violation (not a
crime) and a fine. The fine ranges from $300.00-$500.00
for the first offense. The count will likely assess the
victims impact-panel, which is a program regarding the
dangers of DWI. Also, one will be suspended from driving
for a period of 90 days. In liev of this suspension you
may qualify for the drinking driver program D.D.P.
This program allows the driver and from work, school,
medical emergencies, and 3 hours that are designated
upon Blood Alcohol Content, prior convictions and aggravating
circumstances such as personal injury or property-damage
and prior DWI conviction history. Please call with specific
questions.
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