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Victor A. Bernace

Victor Bernace’s Answers

7 total

  • What can i do If My license is suspended but need to drive to work ?

    I was caught speeding about 3 times and I've taken a defensive class but I fear my license will get suspended and I won't be able to go back and forth from work and home.

    Victor’s Answer

    If you are found guilty and the points total over 11, a judge within the NYC dmv system (I'm assuming you got these speeds in NYC) would typically suspend you 31-90 days. Taking the defensive driving course will deduct 4 points and possibly prevent a suspension if you lose 2 speeds (ex. 6 point speed plus 6 point speed gets you to 12 points but the class deducts 4 points preventing a suspension).

    If you get found found guilty of all 3 speeds, NYS has a baseball type rule of 3 strikes and you're out. You'll get an automatic letter of suspension in the mail suspending your license for 6 months. Whether your suspension is given by a judge or by mail, you typically are eligible to apply for a restricted license that lets you drive between home, work, and school of your kids.

    If you end up with a restricted license, you need to make sure you don't get any more moving violations for 6 months because then you'll lose the restricted license too!

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  • Should I pay for a Traffic Lawyer to represent me in the Bronx TVB for 25mph speeding ticket?

    I live in CT (have a CT driver's license) and was doing 75mph on a 50mph zone on the I-95 in the Bronx, NY. I had no reason to be driving that fast other than I was just "going with the traffic flow", and didn't realize my speed. I ...

    Victor’s Answer

    A lot depends on the specific officer who wrote your ticket. I'm here in the Bronx fighting cases every single day and can tell you what the chances are of winning depending on who the officer was who issued the ticket.

    There is no plea bargaining but we do have some informal pleas to the visual estimate of your officers. Sometimes this can result in lower points, 4 instead of 6, and it saves you $300 off the assessment fine if you have no other tickets in NYS.

    My representation fees are extremely reasonable, please contact me if you want me to consult on your specific officer and fighting your case.

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

    I was making a right turn from a turning lane, pedestrian was standing on curb, we made eye contact and she waved me by, officer didn't want to hear my story he just wrote the ticket.... I know it's my word against his what can I do?

    Victor’s Answer

    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 and need your license, I always recommend fighting every ticket with a lawyer even if the odds are against you.

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  • What happens if I miss a court date ?

    I was given a speeding ticket in 2013. I plead not guilty and they scheduled a hearing date but I postponed for another time and they gave me a hearing date for today. Unfortunately, I couldn't make it to the trial but I went to the DMV to re-sche...

    Victor’s Answer

    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 sure to come back and see the clerk and then talk to the judge to get a new appointment within 30 days (in case the letter is lost or sent to the wrong address).

    DMV's are open from 8:30 to 4 pm Monday through Friday but have extended hours on Thursdays when they stay open until 6 pm.

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  • 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.

    at some point later in the proceedings, I stated I had a witness. She said, I didnot. She ask the officer and he concur with her. Then after my wife shouted out I did, several minutes later, she allowed my wife to testify without being sworn in. I...

    Victor’s Answer

    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 in stating that your chances of winning a paper appeal are slim. You have 30 days to file it from hearing date and it will cost you $10 plus a $50 transcript fee for a total of $60. In my 14 years of sending up appeals from the Bronx DMV, I estimate I have a 1% win ratio. I usually recommend that you are better off spending your $60 appeal fee on taking the 6 hour safety driving course rather than "gifting" more money to NY State. I don't do appeals unless I have fought the case but if you still want to appeal, please contact one of the other attorneys who say they are available.

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  • Why did I get violation 509-4?

    Hi I was stoped last night by nypd ,they checked my license and said it came back suspended. My license is not suspended ,so they double checked it and said it was suspended in Florida and gave me a summons violation 509-4 ,why did he give me a su...

    Victor’s Answer

    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, warnings, and finally a suspension.

    2. The names of both your Florida and New York records were not matching exactly. Sometimes one letter or blank space could end up with the computer check not matching your name. All the dmv systems have been upgrading and improving their matching of records since 9/11 and little by little the improving software programs find links between names, address, social security numbers. Newer facial recognition technology is now just matching photographs with a human being making a final call as to whether to investigate a fake license from someone's murkier past.

    I agree with the other lawyers who have posted here.

    Try to resolve the underlying problem in Florida. Go to any NYS DMV with a Traffic Violations Bureau office, answer the ticket. When you answer the ticket, ask them to tell you why you were suspended. The clerk should be able to give you the name of the court and maybe their phone number with a reference number to the infraction that is causing the suspension in Florida. At minimum they'll give you the name and then you can google it and call them.

    If you have a minor ticket in Florida, then simply paying it and getting a proof from Florida that you are no longer suspended should result in the underlying suspension being lifted. If it is a serious matter, you may need to contact a Florida lawyer. When you pay the ticket be sure to ask for documentation and some sort of proof that the suspension was lifted.

    When you show up to fight your ticket here in NY-- having lifted the underlying suspension won't automatically get you off the hook with the judge. You still have the problem that when you were stopped, at that moment, you were suspended in Florida. If you explain to the Judge that you didn't know about the suspension and fixed the problem, showing him/her the paperwork, then the judge will take that into consideration when deciding the outcome. Even if you lose, you may get a minimum fine or even a reduction.

    I'm at the Bronx DMV every single day, if you have any questions, just walk up to me and ask me, my fingers are hurting from all this typing, lol.

    Good luck!

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

    I am an Ontario Licensed Driver and was ticketed for VTL1180(d) violation with Speed at 84 MPH in 65 MPH Zone by a New York State Police officer by direct observation measured via Radar (Model: Stalker Dual) while travelling North bound on I81 on ...

    Victor’s Answer

    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, district attorneys, and police officers usually has a much greater chance of getting the best deal.

    If you can't afford an attorney, try to call the clerk of the court house and ask if you can submit an affidavit with your not guilty plea. They usually allow motorist to appear by affidavit if they can't appear in person. They will conduct the trial, review your written statement for your defenses, and mail you a decision.

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