Massachusetts and NY
New York and Massachusetts
Last year in March 2007 while visiting Manhattan I received a ticket for driving while using a cell phone as well as a ticket for driving without insurance. My vehicle was insured but the paperwork was mistakenly not in the vehicle. The officer suggested I write a letter to the NY DMV explaining that as a visitor to Manhattan I had been unaware of this relatively new cell phone law along with a copy of proof of insurance. I did as she advised. After several weeks I received a letter from the NY DMV with a court date. I then sent via certified mail on June 7th, 2007 the same proof of insurance and note re: the cell phone use.
In response the NY DMV sent a letter saying they needed a copy of title in addition to the paperwork I had supplied. I sent in a copy.
I heard nothing again and assumed that the ticket had been dropped and the matter dismissed.
the NY DMV had been sending mail to a slightly wrong (#14 instead of #17) address and what I did not know at the time is that my new address was in a rural route and so mail is not delivered if sent to this town but needs to be addressed with the name of town adjacent - something to this effect.
Eventually in the early part of 2008 I received notice that my license was suspended for default. I called the NY DMV and they suggested that I write a letter again. I called again several weeks later when I heard nothing in response and this person said I needed to apply to reopen a Default Conviction.
On April 28th 2008 I sent in the application along with all copies of prior correspondence. I have not heard anything back yet and when I spoke to a rep. from the NY DMV yesterday she said they are backlogged and applications are taking 2 months minimum before being addressed.
Meanwhile, I received in February in Massachusetts a speeding ticket. I paid the ticket albeit late but I did pay along with late fees. Then I received a note saying my license had been suspended and I needed to pay $100 to have it cleared. I called to pay the $100 with a credit card but was told that they could not receive my payment until the NY suspension was lifted. then I just received a letter saying that my MA license would be revoked in July if my NY suspension not lifted. I also received a letter this week saying my insurance would be canceled Monday due to the suspensions.
I think if I pay the $450 due in NY (and a reinstatement fee???) then the suspension may be lifted but I have not received a definite answer on this. Also I DID have insurance and do not think it fair that I should pay a fine for something I did not do. ALSO, my license supposedly was suspended due to failure to respond BUT I DID respond and have certified mail receipt to prove it.
At this point after all is said in done I will end up paying at least a few hundred dollars on top of the original traffic fines. I have received only these two traffic violations in 15 years. Do I need an attorney?
ETA: I called NY DMV yesterday and asked about my default conviction. The woman who answered said it was still open. I called again today and they said that my application had been denied yesterday. I called yesterday around 4pm so it must have been denied right after that - what a coinkadink!
Last edited by W.G. : Yesterday at 10:56 AM.
New York and Massachusetts
Last year in March 2007 while visiting Manhattan I received a ticket for driving while using a cell phone as well as a ticket for driving without insurance. My vehicle was insured but the paperwork was mistakenly not in the vehicle. The officer suggested I write a letter to the NY DMV explaining that as a visitor to Manhattan I had been unaware of this relatively new cell phone law along with a copy of proof of insurance. I did as she advised. After several weeks I received a letter from the NY DMV with a court date. I then sent via certified mail on June 7th, 2007 the same proof of insurance and note re: the cell phone use.
In response the NY DMV sent a letter saying they needed a copy of title in addition to the paperwork I had supplied. I sent in a copy.
I heard nothing again and assumed that the ticket had been dropped and the matter dismissed.
the NY DMV had been sending mail to a slightly wrong (#14 instead of #17) address and what I did not know at the time is that my new address was in a rural route and so mail is not delivered if sent to this town but needs to be addressed with the name of town adjacent - something to this effect.
Eventually in the early part of 2008 I received notice that my license was suspended for default. I called the NY DMV and they suggested that I write a letter again. I called again several weeks later when I heard nothing in response and this person said I needed to apply to reopen a Default Conviction.
On April 28th 2008 I sent in the application along with all copies of prior correspondence. I have not heard anything back yet and when I spoke to a rep. from the NY DMV yesterday she said they are backlogged and applications are taking 2 months minimum before being addressed.
Meanwhile, I received in February in Massachusetts a speeding ticket. I paid the ticket albeit late but I did pay along with late fees. Then I received a note saying my license had been suspended and I needed to pay $100 to have it cleared. I called to pay the $100 with a credit card but was told that they could not receive my payment until the NY suspension was lifted. then I just received a letter saying that my MA license would be revoked in July if my NY suspension not lifted. I also received a letter this week saying my insurance would be canceled Monday due to the suspensions.
I think if I pay the $450 due in NY (and a reinstatement fee???) then the suspension may be lifted but I have not received a definite answer on this. Also I DID have insurance and do not think it fair that I should pay a fine for something I did not do. ALSO, my license supposedly was suspended due to failure to respond BUT I DID respond and have certified mail receipt to prove it.
At this point after all is said in done I will end up paying at least a few hundred dollars on top of the original traffic fines. I have received only these two traffic violations in 15 years. Do I need an attorney?
ETA: I called NY DMV yesterday and asked about my default conviction. The woman who answered said it was still open. I called again today and they said that my application had been denied yesterday. I called yesterday around 4pm so it must have been denied right after that - what a coinkadink!
Last edited by W.G. : Yesterday at 10:56 AM.