Victor A. Bernace’s Answers

Victor A. Bernace

New York Speeding / Traffic Ticket Lawyer.

Contributor Level 3
  1. I went to court a couple of weeks ago to fight a speeding ticket. The judge ask me did I have a witness and i said yes.

    Answered over 2 years ago.

    1. Scott E. Feifer
    2. Michael J Palumbo
    3. Terri Beth Kalker
    4. Macy Michelle Jaggers
    5. Victor A. Bernace
    5 lawyer answers

    I'm assuming this happened at the Bronx DMV, where I work daily at. You make valid points in your questions regarding what appears to be improper procedure by the Administrative Law Judge. NYC dmv trials appear to be "court like" to motorist but unfortunately they aren't real courts in the traditional sense, they are "administrative courts." This means that evidence rules are not really followed slavishly by the administrative law judges. The other lawyers who have answered you are correct...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What happens if I miss a court date ?

    Answered 3 months ago.

    1. Victor A. Bernace
    2. Terri Beth Kalker
    3. Michael Block
    3 lawyer answers

    I'm assuming your ticket was a moving violation issued within NYC. The clerk is correct. The dmv computer system will flag your name and send you an automated form letter warning you that you will be suspended and eventually convicted if you don't show up and fix your missed appointment. The letter gets sent out and arrives usually within a couple of days and typically sets the deadline for suspension about 30 days out and for conviction 60 days out. Even if you don't get the letter, make...

    2 lawyers agreed with this answer

  3. Why did I get violation 509-4?

    Answered over 2 years ago.

    1. Daniel Alexander Jimenez
    2. Joseph A Lo Piccolo
    3. Michael J Palumbo
    4. Victor A. Bernace
    4 lawyer answers

    I see this problem all the time at the Bronx DMV. There are two possible reasons why the police never saw the suspension: 1. The Florida violation wasn't yet in the system so it wasn't showing up. Some localities process tickets very slowly. I once had to wait one year just to get a trial date in upstate New York. Your ticket in Florida may have been lost in some Indiana Jones type locker for months, then found and put into the system, letters were sent out to your last known address,...

    1 lawyer agreed with this answer

  4. Ontario Licensed Driver ticketed for VTL1180(d) violation with Speed at 84 MPH in 65 MPH Zone by New York State Police

    Answered over 2 years ago.

    1. Daniel Alexander Jimenez
    2. Eric Edward Rothstein
    3. Michael J Palumbo
    4. Joseph A Lo Piccolo
    5. Victor A. Bernace
    5 lawyer answers

    Agree with other lawyers that if you can afford it, you should hire a local lawyer familiar with the court where you will fight the ticket. In New York state, 84/65 or 19 miles over; results in 4 points and if you accumulate 11 points in an 18 month period, could result in suspension at the discretion of a judge/administrative law judge. Many local courthouses allow plea bargaining that could significantly reduce your points and or monetary penalty. An attorney familiar with the judges,...

    1 lawyer agreed with this answer

  5. What are my chances of getting my ticket "failure to yield to pedestrian" dismissed?

    Answered 14 days ago.

    1. Richard C. Southard
    2. Eric Edward Rothstein
    3. West Reid Rapoport
    4. Arkady Bukh
    5. Victor A. Bernace
    6. ···
    6 lawyer answers

    Agree with most of the answers given by the other lawyers. Regarding your question about the chances of getting it dismissed, as an attorney that fights tickets daily at the Bronx dmv, the quick answer is it depends. In general, cops tend to win more than they lose. Some officers are less experienced in testifying and a lawyer can catch their mistakes and get the ticket dismissed. Other officers are very experienced and give solid testimony that is hard to overcome. If you drive a lot...