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Failure to Stop and Now Suspended for 60 days!

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yvettefoxxy

Junior Member
What is the name of your state (only U.S. law)?

Hello, I live in New York State. I am in need of some information regarding whom to write about this situation or what to do?

My 17 year old son got a ticket for failure to stop at a stop sign, in which he was not guilty. The ticket was issued As my son was leaving the school's parking lot (alone) he could visually see the police car sitting at the corner near the stop sign. He approached the stop sign and made a complete stopped and the police officer pulled him over and gave him a ticket for not stopping at the stop.


Okay, I know, no judge is going to take any citizen word over a police officer however, we filed not guilty. And today we went to the hearing for the ticket,

The Judge, fought my son guilty of course and suspended his license for 60 days! I don't understand how and why would your license gets suspended if :

1. It's your first offense; And
2. your not on any new driver probation periods and have had a license over a year

This is his first ticket. This kid has never even been suspend from school or in any trouble with the law. He works and comes straight home, he is the nerdy type. All of his teacher have the nothing but good things to say about him. A few of them even wrote character letters for him.

What can be done about this injustice?

filed an appeal , but I am unsure of his rights and how to prepare for the appeal.

I believe the Judge must have made a mistake thinking my son was under the new driver probation, I don't know what to do and where to start

:confused:
 


Zigner

Senior Member, Non-Attorney
My 17 year old son got a ticket for failure to stop at a stop sign, in which he was not guilty. The ticket was issued As my son was leaving the school's parking lot (alone) he could visually see the police car sitting at the corner near the stop sign. He approached the stop sign and made a complete stopped and the police officer pulled him over and gave him a ticket for not stopping at the stop.
Please tell me this...what was your vantage point that you were able to witness this and have such a clear recollection?
 

You Are Guilty

Senior Member
You son is older than 17.5 years? Does he have a senior license? Has he taken driver's ed through his school (and submitted the form to the DMV afterwards)?
 

yvettefoxxy

Junior Member
Reply regarding: Age, License class, and History on any other tickets

My son is 17.11 years old.

And he has taken driven's ed through a driving school

His class license is : DJ

and I was told by the DMV that the only probational period is the first 6 months for new drivers. He has had his license for 15 months.
No other tickets! He is clean
 

FlyingRon

Senior Member
You were told wrong. The rules changed. He still had a junior license so any moving violation results in the suspension. The senior license issuance isn't automatic. He has to take his certificate from driver's ed and the junior license to the DMV to get the senior license. It matters NOT that he took the drivers ed. The JUNIOR rules apply until he get's the physical possession of his senior license.

http://www.nydmv.state.ny.us/youngerdriver/grad-nyc.htm
 

justalayman

Senior Member
If you do not change your junior license to a senior license, you still must obey the restrictions for junior drivers until you are age 18, even if you carry the completion certificate with you.
from the link Ron provided.
 

yvettefoxxy

Junior Member
1 ticket and 60 days suspension does not add up?

So, my question is:

1. After 15 months of driving without any incident under no probation period, and 1 ticket equals 60 day suspension.

2.What if any option do we have to fight this?
 

Isis1

Senior Member
So, my question is:

1. After 15 months of driving without any incident under no probation period, and 1 ticket equals 60 day suspension.

2.What if any option do we have to fight this?
Under his junior license, he has no option. He didn't take the steps to turn it into a senior license when he was allowed to by law.

Let me give you a perfect example. I get my license suspended. I file for a restricted license. It is granted. In two years, I can get my license reinstated to full usage. The two year mark hits. I don't go to the DMV. Another year goes by. My restricted license doesn't magically turn into no restrictions. I have to get off my fat butt and DO something in order for the records to change.

The error isn't the judge or the DMV. It's the driver.
 

yvettefoxxy

Junior Member
I filed an appeal , is this waste of time?

I filed an appeal , is this a waste of time?

Can any one share any info. on how to try and beat an ticket as such?

Thank you, everyone so far for your info.
 

yvettefoxxy

Junior Member
Under his junior license, he has no option. He didn't take the steps to turn it into a senior license when he was allowed to by law.

Let me give you a perfect example. I get my license suspended. I file for a restricted license. It is granted. In two years, I can get my license reinstated to full usage. The two year mark hits. I don't go to the DMV. Another year goes by. My restricted license doesn't magically turn into no restrictions. I have to get off my fat butt and DO something in order for the records to change.

The error isn't the judge or the DMV. It's the driver.
Thank you for the reply. It wasn't that we were lazy and didn't want to do what had to be done, which is go take a test at the DMV, We were missed informed by a DMV employee.

But that won't happen again. Lesson learned, stay informed for yourself.
 

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