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Michael E. Beer

Michael Beer’s Answers

45 total


  • Moving violation rule 1110a missing vehicle registration info (state and expiration date)

    i got a moving violation ticket rule 1110a, but the tickest is missing : - police agency -local police code -photo ID is shown vehicle registration state and expiration date are these missing information ground for dismessal of the ticket?

    Michael’s Answer

    Unless the missing information goes to the heart of the matter, the fact that information is missing is not fatal.

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  • Are Traffic Court Judges actually Magistrates?

    Curious to know since they issue Arrest Warrants and the Rules of Procedure specifically states that a Warrant must be signed by a "Judge"

    Michael’s Answer

    If you are dealing with a town, village or city court the Judge is a Judge. The town, village or city court Judges can issue warrants, but not DMV traffic court ALJ's.

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  • What can i do about a failure to yield to emergency vehicle judgment?

    A few months ago i was stopped for speeding, went to court yesterday and instead of them fining me for speeding they handed me a judgement for failing to yield to an emergency vehicle, claiming it was a lesser charge with 3pts added to my driving ...

    Michael’s Answer

    Your options depend where and how long ago this happened.

    Michael E Beer, Esq
    866-88-SPEED

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  • I received a reckless driving summons in NYC

    I drive a garbage truck and backed into an intersection i received a reckless driving summons but the summons does not have the entire plate number and has the wrong color and type of vehicle. How likely is it to be thrown out.

    Michael’s Answer

    Reckless driving is a crime, and that's why you are in criminal court. The errors you cite while seemingly important are tangential to the charge so those issues will not cause a dismissal.

    Assuming this is in NYC, all is not lost however. There are other safe options. Because this is criminal court and not traffic court, and there are additional results available.

    Call with any questions

    Michael E Beer, Esq
    866-88-SPEED

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  • Ticket for Unlicensed Operator (509.1)

    My imigration status does not allow me to apply for a driver license and a police officer gave me a ticket for unlicensed operator (509.1) What should I do ?

    Michael’s Answer

    Pursuant to the requirements of the federal ID laws, NYS only issues licenses to those who are citizens, have green cards, or a valid visa. The license issued to those with a visa, expires when the visa expires.
    Sorry.

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  • Can I fight this?

    I got a parking ticket for parking for 45 minutes in a 30 minute zone. This was at 10:30am. I parked there a few minutes after 9am and was moving my car every half hour. How is this possible, and can I fight it?

    Michael’s Answer

    Many jurisdictions have a "overtime parking" regulation, meaning that you may not exceed the maximum time allowed to park in that area. They will frequently leave a marker on you car like a small chalk mark on your tire and then return later and if cars with the chalk mars are still there, they will issue an overtime parking summons.

    You can appear in court try to resolve the issue.

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  • I got speeding ticket for 3 pts, is it worth plea bargaining by mail down to 2 points or hire lawyer to get more points off?

    i dont know if it makes sense to accept failure to use traffic control device which is 2 points. i have a clean record so maybe i should try to get more points reduced by a lawyer. but that is expensive so i dont know what to do. saving just one...

    Michael’s Answer

    Getting the best possible reduction is in your best interest. Frequently you may get a better offer in court rather then by mail, but any reduction out of the speeding category is helpful.

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  • Im 17 and got my first speeding ticket doing a 84 in a 65 mph, how would i go about to get a public defender??

    this is my first ticket shoul i plead guilty or not guilty?? how do i find a public defenent that would help me??

    Michael’s Answer

    While I do not cover Erin NY, NYS does not provide a public defenders for non-criminal traffic violations.

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  • I receive a ticket for going north in a turning left lane, but the officer wrote on the ticket west bound. I pleaded not guilty.

    I have not one point on my License because I try to live by all traffic rules but just got carried away that morning as it has snowed 2 days prior and confused everything. The officer came out of his car in the middle of the street and signaled me...

    Michael’s Answer

    Frequently, officers refer to general compass directions, as opposed to the specfic direction. As a result, the Judge will sometimes ignore the "error", and allow the case to proceed even with the mistaken direction.

    Michael E Beer, Esq
    866-88-Speed

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  • How do I get my license back

    nearly two years ago I was stopped for no insurance in NY-charges were dismissed except for unregistered vehicle (because of no insurance) I paid fine-my license was revoked I lost my job - no way to get to work. I would like to get my license b...

    Michael’s Answer

    Everything you described (a fine, a 1 year revocation and a $750 civil penalty) are the consequences of uninsured operation.

    DMV policy is nthat when the 365 days are up, you can "reapply" for the license, pay all fees due, and if there are no other suspensions/revocations, and your record is worthy of a reinstatement, then after about 2 months you will be reinstated.

    While the DMV repo may hav been cold, tghey were accurate.

    Sorry I don't hav better news.

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