Can A Police Officer Write A Ticket If He Did Not See The Incident?

It happens more often than you think. If it has not happened to you, you probably know someone who it has happened to:

Monique works in Hastings-on-the-Hudson, New York. After a long day at work, she is driving home to Mt. Vernon, NY. Monique is a good driver and has never received a traffic ticket. Driving south on the Saw Mill River Parkway, Monique quickly checks her rearview mirror. Her eyes dart back to the parkway just in time to see the Honda Civic in front of her at a dead stop. Unable to stop in time, she barrels into the rear of the Honda with a deafening “BANG!” After the initial shock of the collision she looks for the other driver and his passengers. Thankfully neither she nor the driver or passengers in the Honda are seriously injured. The Yonkers police are called and the officer issues Monique a traffic ticket for following too closely (VTL § 1129-a). Not fair! The officer was not there when the accident happened. Can he issue Monique a ticket for a traffic infraction he did not witness?

These are excellent questions and why you should consult a knowledgeable traffic ticket lawyer if you received a traffic violation from a police officer who did not witness the alleged incident. At The Claro Law Firm, we will fight your ticket and fill you in on your rights, which can be the difference of having your ticket dismissed or accruing points to your driving history. The traffic ticket attorneys at The Claro Law Firm know what law firms who do not concentrate in traffic law do not know: a police officer cannot write a motorist a traffic ticket for a violation that was committed outside his presence. The law says that in order for an officer to have authority to issue a motorist a traffic ticket, the violation must have been committed in the officer’s presence. Even so, police officers often write tickets for following too closely or for an unsafe lane change (VTL § 1128-a) after they are called to the scene of an accident. However, if the offense you are charge with was not committed in the police officer’s presence, this can be a basis for having your traffic ticket dismissed. The questions, however, remains: “Is this the best way to handle my ticket?”

Traffic tickets are unexpected and can be confusing, and like mosquitos, they can be annoying. They can blemish a clean driving record or be the nail in the coffin for a driver with points on his driver’s license. The looming question every driver asks who has received a traffic infraction or traffic violation is, how do I make a traffic ticket go away?

The truth is, every rarely will a traffic offense “go away,” but there are different ways to handle a traffic violation. Some ways involve going to court and others avoid court altogether. The ways to resolve a traffic ticket in New York State are:

  • To plead guilty

Will a Yonkers, NY DWI affect my permanent residence in the United States? Will a misdemeanor charge out of Manhattan, NY affect my green card status? Many people lawful permanent resident or green card holder ask such questions. They wonder and worry whether certain crimes or charges will affect their US resident status. The good news is that not all crimes and charges will, but some do.

A DUI and DWI is among the long and complicated list of deportable offenses found in the immigration law. However, it is and is not a deportable offense. Here is why. One or more DUI by itself does not mean automatic deportation. But, if coupled with aggravating factors, then it can qualify as a deportable charge. Driving with a suspended license, Driving Under the Influence and getting into accident and injury occurred, or having a child in the car at the time of the offense are examples of aggravating factors.

The U.S. Citizenship and Immigration Services (USCIS) can consider a DUI or DWI charge with aggravating factors a crime of moral turpitude (CMT). A CMT that carries a possible prison sentence of one year or more and was committed within five years of admission into the US, by itself is enough to constitute a deportable offense.

Employer-sponsored Temporary U.S. Work Visa

Emilia is a successful owner of a 5-star Peruvian restaurant in Port Chester, NY located in Westchester County. Her world famous head chef, Toby, studied under a renowned Peruvian master chef and has encountered an unexpected event. He will not be able to work for one year or more. What is Emilia to do? Its not like she can find another chef to replace Toby in the Yellow Pages. Toby has special qualifications and finding a suitable U.S. replacement will be difficult, if not nearly impossible. A temporary U.S. work visa (H2B) may be the perfect solution for Emilia.

An employer-sponsored temporary US work visa, H2B (H-2B), is one of six of the H visas. The H visas are appropriate for a situation where an employer has a temporary U.S. job and cannot find a suitable or qualified US employee fill the position. In this case, the employer will locate a willing, able and qualified foreign national for the position and will petition for him or her to come to U.S. to work temporarily. The five other H visas are: H1B (H-1B), H1C (H-1C), H2A (H-2A), H3 (H-3) and H4 (H-4).

In particular, the H2B visa is a non-immigrant visa for a foreign worker who will be employed with a temporary or seasonal non-agricultural job in the US.

How Long Do Points Stay on Your Driver License in New York State

Excitedly, Esther walks to her mailbox eager to get her new cell phone case she ordered from Amazon. Flipping through her mail, she sees a letter from the New York State Department of Motor vehicles (DMV). Curious to see what the letter says, she drops everything and rips it open. WHAT?! A Notice of Driver’s License Suspension? How can this be? Quickly she thinks, I have only gotten two tickets, one New Rochelle NY Speeding ticket and one Cell Phone ticket in Bedford NY. What now?

You may have heard people say that after a certain amount of time points come off, or fall off your driver license. This is not true. The reality is that points stay on your license, or driving history FOREVER. Yep, once accrued, those bad boys are there to stay as a big ugly smudge on your pristine driving abstract.

Points accrue to your driving record through traffic violations. Each traffic violation, or traffic ticket, if you will, has points assigned to it. The New York State DMV is responsible for assessing points to the violation and is referred to as the NY Driver Violation Point System. It gives the NYS DMV a way to identify and take action against high-risk drivers.

DACA

Donald Trump campaigned hard to become president-elect and achieve his goal of becoming the next President of the United States. His entire campaign was controversial, but one idea more so than others caused a divide and issuance of strong viewpoints: immigration.

Pre-election, Donald Trump voiced and advocated his immigration plan that would include building a border wall, suspending visas, deportations and an undoing of prior Administration enactments, such as DACA.

Many undocumented or illegal immigrants were left, and are still, wondering what their future holds: Will Donald Trump deport all illegals? Will Donald Trump’s immigration policies affect my job? If Donald Trump ends DACA, what will that mean for me?

buckle-up It was not your lucky day. You were in Yonkers, New York driving on I-87 southbound to the Bronx, NY to eat at your favorite Spanish restaurant when you got pulled over by a police officer. Even though you were very nice and respectful to the officer, he gave you not one, but TWO tickets – a speeding ticket and a not wearing a seat belt ticket! To make matters worse, hiring a traffic ticket attorney to fight your speeding and no seatbelt ticket is not within your budget. You have to handle the tickets in court yourself. Before going to court, you did a quick Google search and found out that your speeding ticket carries 4 points and the no seat belt ticket carries 0 points. During your plea bargain or negotiation with the police officer, he tells you that he wants to help you out because you have a clean driving record. He says that if you plead guilty to the not wearing a seat belt ticket he will recommend the judge dismiss your speeding ticket. All you have to do is say yes and you will go from 4 points to 0 points. This is a fantastic deal! Or is it? Every day drivers are faced with the decision to plead guilt to a New York State no seat belt ticket. The million dollar, and outcome determinative question is “How much is a ticket for no seat belt in New York?” 

A No Seat Belt Ticket in New York Cost How Much?!

The simple answer is “Thousands of dollars.” Yep, you read that correctly. Pleading guilty to a New York State Vehicle and Traffic Law Section 1229 (VTL § 1129) No Seat Belt – Driver ticket can cost you thousands of dollars. True, the ticket itself carries no points, but what most drivers fail to realize is that a no seat belt ticket will trigger an auto insurance increase. Car insurance companies are based on an Insurance Demerit Point or Merit Rating Plan and convictions of certain NYS VTL infractions and violations means an auto insurance surcharge. Each insurance company determines the amount of the car insurance increase and the increase can be for a period of years.

passport and flagOne of the biggest issues discussed during the 2016 presidential election was immigration. In 2015, the United States accepted roughly 85,000 refugees. Now that the results are in, there are still countless individuals who are concerned about how immigration laws may change under President-Elect Trump, especially when it comes to asylum law. According to existing federal immigration law, there are many basic protections that individuals seeking asylum are afforded. These protections originated in international law and were eventually incorporated in U.S. law.

Based on these provisions, the United States must provide an asylum hearing to an individual who fears persecution based on race, religion, nationality, political opinion, or membership in a certain social group. Many individuals fear that the process for seeking asylum will be changed or that individuals who entered the United States legally based on asylum will be required to leave. Individuals who have already been granted asylum are entitled to maintain their status unless Congress passes a new law that changes the existing system.

If Congress attempted to change the existing asylum laws, it would most likely be a lengthy and difficult process. Part of the process would require the United States to withdraw from certain international agreements, including the Protocol Relating to the Status of Refugees, the United Nations Convention Relating to the Status of Refugees, and the Universal Declaration of Human Rights. In prior presidential administrations, the president has sought the Senate’s consent and approval before withdrawing from a treaty.

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You are not a U.S. citizen, permanent resident nor have a United States Visa, but would like to come to America. What are your options? Usually a person wishing to come to the U.S. who has no ties to the country must first obtain a visa. There are many different types, or classifications of visas, but specifically being discussed are H Visas, H1B, H1C, H2A, H2B, H3 and H4, to work temporarily in the United States (U.S.).

What Is a H Visa?

First, it is helpful to know what is a H Visa. H Visas are a type of employer sponsored work visas and are issued or granted by the U.S. Citizenship and Immigration Services (USCIS). They are classified as nonimmigrant or temporary. What does this mean? It means that the person to whom the petition applies is not looking to permanently work in the United States. The person’s intention is to temporarily work the U.S. and then return to his or her home country.

get togetherYou are at a social event and the night lasts longer than you planned. Although you have been drinking, you feel fine and decide to drive home. A block from home you see bright colored flashing lights in your rear view mirror and your stomach feels like you are in a free fall as you realize that you are being stopped by a police officer. You fear the worst as you pull the car to the side of the road. The officer asks you if you have been drinking. Of course you deny it, but he asks you to perform a field sobriety test anyway. Then it happens. He arrests you for Driving While Intoxicated. The officer reads you something about the consequences of refusing to submit to a chemical test and then he asks you to take one. To submit or not to submit is the big question. But, with no one there to help you or tell you what to do, you refuse. What happens now?

This scenario frequently happens. Everyday motorists are issued DWI in Yonkers and White Plains and counties throughout New York State, including Westchester County. The real question, however, is what happens next?

DWI Criminal Charge And Department Of Motor Vehicles Hearing

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