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Could use some expert advice...PLEEEEEASE

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zaiter79

Junior Member
What is the name of your state? New York

Somewhat drawn out story here, but I'll try to keep it short:

I am from Massachusetts and used to have a MA license, but moved to Port Chester, NY in 2001. I have a NY license, and as far as I know, no longer have a valid MA license (although not sure on this point). Since that time, I moved to Manhattan for a period, and now I travel for work so I live out of hotels. When I am not travelling (seldom) I get my mail back at my mother's address in Massachusetts. My license still has my Port Chester address listed.

I received a ticket way back in 2004 in Putnam County, NY which was documented as a 65 in a 55 mph. I informed the Officer at the time that my address was not correct because I travelled for work and that my MA address should be used. He made note of this. I returned the ticket with a not-guilty plea (my intent was to see if I could get it waived or reduced in court). I never received anything back from the court or from NY DMV in response to the ticket. I was stupid enough to believe that I stumbled on a processing error or a stroke of luck. I should have known that was the case, because the ticket was not just "magically dropped", as I found out last night.

I got pulled over last night doing 81 in a 65 (I have my doubts about the speed), but more importantly, when the officer came back to the car, he told me that I was driving with a suspended license. Apparently, NY had suspended my license back in October 2004. Since that time, I have received NO communication from NY at my address in MA (which again, I gave to the officer). I can only ASSUME that they mailed the notice of suspension, plus any collection efforts (Im sure they must have made some) to my old address. Needless to say, this was a shock to me. I had a rental that I could no longer drive, had to tow it to a location, then take a 2 hour taxi to my destination...all in the middle of the night. Now I am facing not one, but TWO speeding tickets (one old) as well as the Aggravated Unlicensed Operation of a vehicle (3rd degree) charge which is a misdemeanor.

I have no prior record, and a fairly clean driving bill overall (a couple speeding tickets over 10 years of driving). I know I am going to end up paying out of my @$$ for this now...but I dont know what the best course of action is for me.

I plan to pay the old speeding ticket ASAP because I want that cleared and would like my license to be reinstated so I can work towards getting rid of my NY one and getting a new MA one. I am also leaning towards putting forth a guilty plea for the second speeding ticket (from last night) and paying that as well. That would leave an April 10 court date to address the unlicensed operation. I was thinking that if I show up at that time with both tickets paid, plus explain the confusion resulting from my address changes and job, that maybe I would get the leniant end of the charge. Id really prefer not to have a misdemeanor on my record, as it is spotless right now and would like to keep it that way.

Any help?
 


seniorjudge

Senior Member
zaiter79 said:
What is the name of your state? New York

Somewhat drawn out story here, but I'll try to keep it short:

I am from Massachusetts and used to have a MA license, but moved to Port Chester, NY in 2001. I have a NY license, and as far as I know, no longer have a valid MA license (although not sure on this point). Since that time, I moved to Manhattan for a period, and now I travel for work so I live out of hotels. When I am not travelling (seldom) I get my mail back at my mother's address in Massachusetts. My license still has my Port Chester address listed.

I received a ticket way back in 2004 in Putnam County, NY which was documented as a 65 in a 55 mph. I informed the Officer at the time that my address was not correct because I travelled for work and that my MA address should be used. He made note of this. I returned the ticket with a not-guilty plea (my intent was to see if I could get it waived or reduced in court). I never received anything back from the court or from NY DMV in response to the ticket. I was stupid enough to believe that I stumbled on a processing error or a stroke of luck. I should have known that was the case, because the ticket was not just "magically dropped", as I found out last night.

I got pulled over last night doing 81 in a 65 (I have my doubts about the speed), but more importantly, when the officer came back to the car, he told me that I was driving with a suspended license. Apparently, NY had suspended my license back in October 2004. Since that time, I have received NO communication from NY at my address in MA (which again, I gave to the officer). I can only ASSUME that they mailed the notice of suspension, plus any collection efforts (Im sure they must have made some) to my old address. Needless to say, this was a shock to me. I had a rental that I could no longer drive, had to tow it to a location, then take a 2 hour taxi to my destination...all in the middle of the night. Now I am facing not one, but TWO speeding tickets (one old) as well as the Aggravated Unlicensed Operation of a vehicle (3rd degree) charge which is a misdemeanor.

I have no prior record, and a fairly clean driving bill overall (a couple speeding tickets over 10 years of driving). I know I am going to end up paying out of my @$$ for this now...but I dont know what the best course of action is for me.

I plan to pay the old speeding ticket ASAP because I want that cleared and would like my license to be reinstated so I can work towards getting rid of my NY one and getting a new MA one. I am also leaning towards putting forth a guilty plea for the second speeding ticket (from last night) and paying that as well. That would leave an April 10 court date to address the unlicensed operation. I was thinking that if I show up at that time with both tickets paid, plus explain the confusion resulting from my address changes and job, that maybe I would get the leniant end of the charge. Id really prefer not to have a misdemeanor on my record, as it is spotless right now and would like to keep it that way.

Any help?
I can't find anything in here that would interest me if I were the judge or the prosecutor in your case. You are saying that you wanted to see if you could get by without paying for a ticket but you got caught and now you're really sorry.

BUT

Hey, talk to the prosecutor when you go to court. They're backed up and you're a small fry with a dime a dozen ticket and a boring story.

Tell them you want to plead guilty to a non-moving violation, have lots of cash with you, and show them you've cleared up that other stuff.






Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

sukharev

Member
Well, you are thinking clearly now, so go ahead with your strategy. Clearing the old ticket would enable you to start getting your license back (ask the court as to how). You can pay new ticket and this will likely indeed help in the other hearing. Try to negotiate with DA, to lower the charges or fines. There is not much you can do for the DSL charge, though, maybe same negotiating strategy would work.

And, FYI, you don't have a valid MA license, period. When you applied to NY license, MA one became invalid, even if they did not take it away. Another violation you made is not informing NY DMV of the address change. Don't bother trying to argue your DSL based on lack of communication. They probably did send the letter to old NY address, and that's it. It was your responsibility to make sure they have correct address (not the officer), or set up (and renew after 1 year) mail forwarding.

Good luck.
 

zaiter79

Junior Member
Thanks...what about a lawyer?

Thanks for the input...do you think I should get a lawyer for my court date? Or is the likelihood that if I submitted a guilty plea for a non-moving violation it would be accepted w/o the lawyer involvement? I just dont want a record for something this.
 

seniorjudge

Senior Member
zaiter79 said:
Thanks for the input...do you think I should get a lawyer for my court date? Or is the likelihood that if I submitted a guilty plea for a non-moving violation it would be accepted w/o the lawyer involvement? I just dont want a record for something this.
Get a lawyer.
 

sukharev

Member
If budget allows, get a lawyer. If not, just do as I said before, and you can talk to DA directly before both trials. As long as you don't plan to contest the charges, negotiating is simple: you ask for leniency and mention that money is not an issue, just your record, DA states what he can do. You then decide if that's enough. If not, then plead not guilty, go in front of the judge and tell him your story. Again, say you take full responsibility and made a stupid mistake.
 

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