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Explore Our FAQ
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I thought driving without a license is only an infraction?Driving without a license (VTL 509.1) is an infraction however a judge can impose a sentence of jail upon conviction of the charge. A judge can also place bail on you even when you appear before him without ever even pleading guilty to the charge. This has been the recent trend at the Nassau County Traffic and Parking Violations Agency in Hempstead. Motorist with previous convictions for driving without a license face the real possibility of being incarcerated when appearing before many of the judges there. The Freeport Village Court is another court where motorist are finding themselves being remanded in the same situation. If you have been charged with driving without a license you should retain an attorney familiar with the court that the ticket is returnable to.
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What is the best way to contact you?You can reach me at (516) 489-3600, email me directly at GaryMillerLaw@aol.com, or text me at (631) 624-4000. I am in court most of the time, but if you email or text me, I will get it immediately on my phone.
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What is a driver assessment fee?
The New York Drivers assessment fee is an additional fee imposed by NYS DMV on top of the fines and surcharges that you may have received.
If you accumulate 6 points on your New York Driver’s License within an 18 month period, determined by the date of violation, the drivers assessment fee is $100 per year for 3 years (total $300). The assessment fee increases $25 per point per year for 3 years ( total $75 for each additional point).
Also f you are convicted of a alcohol-related or drug-related traffic violation, or if it has been determined that you refused a chemical test, the annual assessment is $250 for 3 years. The total assessment for the three years is $750.
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Do cell phone tickets carry points?As of July 12, 2011 New York Cell phone violations now carry 3 points.
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I am going to hire a lawyer. Should I plead not guilty and then hire a lawyer after I get a court date?While I am retained at all different times, including sometimes the same day as the court date. There are advantages to hiring an attorney sooner. For example, for tickets returnable to the Nassau County Traffic and Parking Violations Agency in Hempstead, I am able to get a number of tickets dismissed by filing a demand for a supporting deposition early in the process. If the police fail to comply, or the supporting deposition is defective, I am usually able to get the ticket dismissed. There are strict time limits upon which the demand can be filed as well strict time limitations for filing a motion. If you miss the dead line, you may have missed an opportunity to get the ticket(s) dismissed.
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How are the judges at the Nassau County Traffic and Parking Violations Agency?There are a number of judges that handle the cases on a rotating basis. There are usually 3 judges hearing cases on any given day. Of the three, one of the judges will be assigned to handle the trials for that day. There are significant differences in the way each judge handles the cases before them. Each judge has his or her own nuances. Some judges will refuse to reduce certain tickets. Some judges will suspend your license based on the offense and / or the motorist driving record. Also, a number of judges are now incarcerating motorist for driving without a license when the motorist has a history of driving without a license. This can usually be avoided by retaining an experienced traffic lawyer who is familiar with the court.
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Do you have any references?There are a number of reviews out there on the internet. I have approximately 500 reviews at the attorney directory Avvo.com. My review page at Avvo.com can be found at this link. I have a 10 out of 10 Superb rating with Avvo.com and have been awarded a BV distinguished rating from Martindale Hubble. Also, I have a number of Google reviews. To view my Google reviews, please google “Gary Miller Bay Shore” and my profile will appear on the right side of the screen.
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I mailed in a plea of guilty. I received a letter in the mail that my license is going to be suspended. Can you undo this?I can usually undo a guilty plea by mail so long as I am contacted within a reasonable amount of time.
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I handled my own case and the judge gave me a $1000 fine and suspended my license for 1 year. Is there anything you can do?You either had a high speed, or a bad driving record. In either case you should never have walked into that court without an attorney. Unfortunately, I do not accept cases at this stage.
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The office gave me a ticket for 87 mph in a 55. Can I just plead guilty?You can, but it is not recommended. That is an 8 point violation. If you accumulate over 10points on your New York license within an 18 month period, your license will be suspended byDMV. Also in addition to the fine and $85 surcharge that the court will impose should you pleadguilty, the DMV will impose an additional driver assessment fee of at least $450. That does noteven factor in increased insurance premiums for having an 8 point speed on your license. Youshould be able to save money and points if you retain an attorney to handle the case.
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If I hire an attorney, do I have to appear in court?Usually it is not necessary for a client to appear at the Nassau County Traffic and Parking Violations Agency or at the village courts when
represented by an attorney. Cases returnable to the Nassau County First District Court in Hempstead will require your appearance unless they are trucking violations, and a corporate substitution is being filed. -
Can I pay a fine online?Some courts you can pay online, other courts you can’t. You should check with the court where the fine is due. The Nassau County Traffic and Parking Violations Agency in Hempstead does allow fine payments by phone via credit card.
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How many cases have you handled?Over the years in excess of 20,000 cases
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How long have you been doing this?I was admitted to practice law in New York in 1988
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From the first time I spoke with him he walked me through the whole process from A to Z. He was able to get all 3 of my tickets dismissed with NO points and NO fines.
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