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Elliot S Stomel
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Elliot Stomel’s Answers

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  • I got stopped in the state of New Jersey while being unlicensed.

    i got pulled over because my headlights were not on. so i got a ticket for that but also because i am an unlicensed driver. Now i have to go to court what can happen to me under the law of New Jersey, im willing to pay whatever fines i have to im ...

    Elliot’s Answer

    The penalties for "unlicensed driver" vary depending on whether or not you have previously been licensed. If you have previously been licensed and you simply let your license expire, the penalty is rather minor. You will pay a fine and there will be no suspension of your driving privilege. The New Jersey Motor Vehicle Commission (MVC) will also impose a surcharge of $100.00 per year for three years. If you have never previously been licensed, the fine is somewhat higher, and your driving privilege will be suspended for six months from the date you would become eligible to apply for your license. Therefore, if you are scheduled to get your license in three months, you will probably find yourself having to wait six months from then to have your privilege restored. The New Jersey MVC surcharge will also apply. You may want to talk to a lawyer to see if anything can be done.

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  • I refused to sign a ticket thurs,10/21/10 in the state of Arizona. Does the ticket get dismissed if not signed.

    I took a corner into my neighborhood a little fast, maybe 20mph.. It was enough to make a tire squeel... the citation was for "not driving on the right side of road"... this was not true as I never left my intended lane... I told them I would not ...

    Elliot’s Answer

    The reason you are requested to sign the ticket is to assist the court in determining whether you were personally served with the ticket. Your refusal to sign the acknowledgment does not invalidate it. If the matter is scheduled for a hearing, and you show up, the judge will probably ask you directly if you were, in fact, served with the ticket. Alternatively, if you fail to appear in Court, the Judge will ask the issuing officer the same question. Either way, the issue will be resolved. The only thing you have accomplished by refusing to sign the ticket is to send a message to the judge that you were uncooperative.

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  • Got a ticket for speeding in school zone but school was not in session that day.

    I was going 38 mph in a 40mph zone however it was a school zone. School was not in session that day however the officer gave me a ticket b/c you are suppose to go no mre than 25mph in a school zone regardless of school.

    Elliot’s Answer

    Although I am not licensed to practice law in your State, most "school zone" signs apply to drivers regardless of whether school is in session.

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  • Do I have a chance in Traffic Court representing myself?

    I received a citation for Failure to Maintain Lane. This was based on my entering the center turning lane too soon (there is supposed to be a 15' section for the opposite turning vehicles). The single and double yellow lines that are supposed to...

    Elliot’s Answer

    Although I am not licensed to practice law in your State, I would say that you do, in fact, "stand a chance" going to court unrepresented. However, if you want to increase those chances considerably, I strongly recommend that you retain a lawyer to represent you. The right lawyer will know the proper way to present the facts of your case in the light most favorable to you, and in a way that will not annoy the judge and/or prosecutor.

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  • Theft of Service: Refusal to pay for svc, i have company camera. is it illegal to hold randsom until i get paid?

    Photography for a website, i am in possession of company camera, i do not want camera just monies owed. He will loose out on work/money being i have camera

    Elliot’s Answer

    Your failure to get paid may be more of a civil issue than a criminal offense; however, your taking the company camera and holding it until you get paid is DEFINITELY theft. You may want to consider returning it as soon as possible. You could find yourself extremely frustrated when your legal expenses exceed the amount you are owed.

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  • Do I have to be physically present in order to have my record expunged or is it something my lawyer can do by himself?

    I was charged with my crimes when I was living in New Jersey. I currently live in Florida I was wondering if I had to fly back up in order to handle this or if I could just get a lawyer to take care of it and represent me in court.

    Elliot’s Answer

    You do NOT need to be physically present to have your record expunged in New Jersey unless there are specific issues that may otherwise require you to appear in Court. My office files expungements on a regular basis, and I cannot recall having a client need to appear in Court since I can remember. I strongly recommend that you discuss the specifics with a licensed New Jersey before going forward. The reason is that there is a limit on the nature and number of charges which can be expunged.

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  • Can you do anything after pleading guilty and after doing probation, to ciear your name if you have proof you didnt do the crime

    My fiance with a perfectly clean record, was scared into pleading guilty to a crime he did not commit. I know a lot of people probably say they're not guilty, but here the police had evidence of the true perp. They found it much easier to find the...

    Elliot’s Answer

    Based upon you statement that your fiance's probation is already completed, he is obviously beyond the statutory appeal period. However, if his conviction was within the past 5 years, he can file a Petition for Post-Conviction Relief. To be successful, he would have to demonstrate that his conviction was based upon ineffective assistance of counsel. He would also have to demonstrate that but for that ineffective assistance of counsel, his case would have had a different outcome.

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  • I have a ticket on my record that I have never got. It must be a mistake. Who do i need to talk to to get this removed?

    The ticket is transporting alcohol. I have never gotten a traffic violation in my life and this is effecting and my insurance is charging me more and its not fair because i did not do this. I have been to the police stattion and the DMV and no one...

    Elliot’s Answer

    Assuming you have been provided with the name of the municipality where the summons was issued, you should go back to that court and explain the situation. If they can track down the ticket, you should file a petition to have the case reopened on the basis that you were not the individual issued the summons. If they cannot find any ticket on record, you should request a letter from the court documenting this fact, so that you can present it to your insurance company and have your record corrected. If you still have no success, I suggest that you contact an attorney licensed to practice law in your State who specializes in this area of the law to assist you in untangling this knot.

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  • Traffic

    Got Notice of Violation from Scottsdale, AZ under my name (registered owner), my wife is in the photo in the notice. Do I reply stating not me or just not reply?

    Elliot’s Answer

    Although YOU know you are not the individual who was operating the vehicle at the time of the violation, THEY do no know that. If you simply ignore the summons, further action will be taken by the State of Arizona which will result in even more complications than if you had actually been the driver and been guilty of the violation. I strongly suggest that you reply and present your defense simply and logically. You can probably do this by presenting a copy of your vehicle registration along with a copy of your own photo license to demonstrate that the photo of the "violator" does not match the photo of the registered owner who was issued the ticket. Good luck!

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  • I have 2 traffic tickets that I forgot about and now they have gove to warrants

    I recieved 2 tickets. 1 for driving without insurance and a second for driving without a seatbelt. I put them aside and forgot about them. When I called the jurisdiction invovlved I found out that there is a warrants out in my name for both of the...

    Elliot’s Answer

    Your failure to appear in Court is not anything that cannot be fixed. Aside from the fact the a warrant has been issued for your arrest, it is also very likely that your driving privilege has been suspended indefinitely due to your failure to satisfy the summons. You should contact the Court to arrange to pay the bail and request that your case to be scheduled for another hearing. When you appear in Court, bring proof of insurance with you. If you were not the owner of the vehicle, bring the registration with you. If you were the owner of the vehicle and you had no insurance on the date the ticket was issued, there is still a possibility that the prosecutor may recommend that the charge be dismissed if the ticket is so old that there is no way that the officer will remember the case. I strongly recommend that you retain an attorney to represent you in this matter.

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