Skip to main content
David S Kapp

David Kapp’s Answers

27 total

  • Should I Plea Guilty?

    I was approaching a stop light at an intersection and just as I was entering the intersection the light turned yellow. I had two options slam on brakes and risk getting rear ended in the back by the following cars or go ahead and proceed with the ...

    David’s Answer

    Never plead guilty. Even if you are guilty, a local traffic lawyer may be able to negotiate a reduction in the charge.

    See question 
  • I got 2 tickets at the same time in upstate NY. 1. For overspeeding 80/65. 2. Unsafe change of lanes.

    Hi, i was given 2 tickets as mentioned above by the same officer. How many points would be marked on my License? I have a CT drivers license. How can i avoid the points? I cant appear in court since its around 250 miles from where i stay.

    David’s Answer

    Never take advice from out-of-state attorneys on local traffic matters. This is no problem at all. You need not appear. Your attorney can appear for you and work out a deal to reduce the charges. Just contact a local traffic lawyer in the county where you received the ticket. If you need recommendations, you can contact or call my office.

    See question 
  • Can a L.I.D.A.R. based speeding ticket be dropped due to a serial number not being noted/written on the citation?

    I was driving down a fairly straight road with one other vehicle besides my own. It was late at night and I noticed a local officer's vehicle parked on the right side of the road with several officers besides the vehicle, one of which at a quick g...

    David’s Answer

    Highly unlikely that you will win based on failure to provide a serial number.

    See question 
  • Will a ticket for SPEEDING ON A MOTORCYCLE AFFECT YOUR REGULAR DRIVING PRIVALEGES?

    Go ticket on moocycle for driving 102 on a 55 zone.

    David’s Answer

    This is a serious matter, even in a court known for making deals. If returnable to NCTPVA 16 Cooper St. Hempstead, they are not likely to make you an offer on this, so you will have to mark it for trial.

    See question 
  • Speeding ticket in New York for a Danish citizen

    I got a speeding ticket back in 2009 in the state of New York and didn't pay it right away. It was my intension to pay it, but I never got around to do so. Now I would like to pay it, but I'm not sure how, since I'm no longer able to read the prin...

    David’s Answer

    Much depends on where you got this ticket. There are many courts in NY state and they can be very different. By this time, your NY driving privileges are certainly suspended. Get your driving record on line from DMV to find out where you are suspended. Then, if there is no default conviction, your local traffic attorney may be able to help get the charge reduced or dismissed.

    See question 
  • Can I have a traffic violation dismissed when the citation show that I am a Black Female when Im a White Male

    The trooper stop me and another car while traveling in Texas to a Conference. He stated that he stopped me because i was doing 84mph in a 70 zone. i didn't confirm or deny it when he said it. The other vehicle had 3 black females and we were all g...

    David’s Answer

    This is a trial issue. I have found that courts vary widely on this issue at trial. In some courts, such as those in NYC, cases like this are routinely dismissed when gender is mistaken. Not so in all courts. In a different court, the prosecutor and cop both identified my male client as female four+ time (each.) When I moved to dismiss, the Judge made "air quotations" with his "fingers to emphasize the point that he was "...not impressed with my identification argument." Guilty. Same case. Two Courts. Two different results.

    See question 
  • Sefective muffler ticket nassau county ny. if cop doesnt show up can i ask for dismissal

    followed for 5 blocks be several police cars aftea sons friend was being arrested and watching. didnt pull into my driveway and the lights went on and was pulled over on next block. son takend out of car., arrested. after sitting there 5 or 10 min...

    David’s Answer

    If this is returnable to NCTPVA 16 Cooper Street, you will never get a dismissal for the cop not showing. The will simply keep you on the trial calendar (for years if necessary) until you plead guilty or take a deal. I had a case on the trial calendar for over 3 years recently. They don't want to prosecute you here - they just want you to pay the fines and surcharges they heap on you. The number of cop cars is irrelevant, like my colleague has said.

    See question 
  • How do I find copy of lost moving violation ticket in manhattan?

    I lost my copy of a moving violation ticket in manhattan . how do I get copy to plead not guilty.

    David’s Answer

    Visit the court. You can get a substitute ticket printed at any of the TVB courts in NYC. There are 2 in Manhattan. Manhattan South - 19 Rector St. and Manhattan North - 159 E 125 St.

    See question 
  • Violation charge

    I am charged with violation of threatening to kill my wife and son.If I plead guilty can I get my records expunged so that it won't affect my visa

    David’s Answer

    NY doesn't expunge anything. You are in danger of deportation. Contact an experienced criminal defense lawyer AND an immigration attorney right away.

    See question 
  • Nassau County, NY cell phone ticket plea bargaining?

    I recently received a ticket for improper use of a cell phone. I was on my phone, but can only talk on speaker phone, since it has been broken, holding it about a foot away from my face. An office pulled me over, and came back with a ticket. I ...

    David’s Answer

    If this 3 point ticket is returnable to NAssau countys' main traffic court - NCTPVA - 16 cooper st Hempstead, you should be able to plead this down.

    See question