If this is my first speeding ticket can it be reduced if they already decreased the speed from what the radar said it was?: The officer walked up and said the radar caught me going 79 in a 55. He wrote on the ticket i was going 70 and that 70 was the speed observed on the gun. Will it be reduced still if he already reduced the speed?
Peter’s answer: The officer gave you what is known as a roadside reduction. That is, he gave you a break. That said, the town prosecutor can still reduce the ticket further (he will likely not even be aware of the roadside reduction). If this ticket occurred in Amherst and you hire an attorney, the ticket will likely be reduced to a parking ticket that does not carry any DMV points. If you go without an attorney, you may also receive a parking ticket, but will have to go to driving school.
Will I be found guilty of car theft if my boyfriend switched the title of the car to his name while I was away on travel?: I bought a 2002 Nissan Xterra about two years go. My ex boyfriend was there and out about 20% into the car, we paid cash, and the bill of sale went into my name. As did the insurance and title, registration. Two years go by and we decide it's time to break up and I purchase a ticket to travel abroad for a few months while I clear my head. My ex takes care of the car while I'm gone. I come back, he gives me the car, and I decide to move to New York to be back with my family. Fast forward two months and my ex contacts me saying he wants the car back or he's going to report the car stolen. I do my research and find that he switched the title of the car to his name while I was gone. How the DMV allowed this to happen without my authorization is beyond me. Can he actually file a report that the car is stolen and would I be arrested? I'm really worried.
Peter’s answer: This sounds like a mess. If the car was originally titled in your name, you would have to sign the title over to him, which you did not, for the DMV to accept the new ownership. Therefore, it is fairly safe to say that he forged your signature on the title and filed it with a state agency, which would be in violation of several provisions of the penal law (including felony provisions). Nothing really prevents him from reporting the vehicle as stolen, but if he does, he will be exposing himself to greater criminal liability. It is likely best that you take a proactive approach with this. Demand that he transfers title back to you -- if he doesn't report his conduct to the police. Best of luck.
I let a friend come to stay with me temporarily and now she wont leave.: she started staying here in june, its now november. her staying here was ment to be short term and temporary. she hasnt paid any type of rent, money for utilities, food, the house in general. i just got custody of my kids from their mom, and my friend agreed that if they came to live with me, she would leave to give me their room back. she now refuses to do so. that was our only "agreement" (verbal) to her staying here. the room she uses is also filled with trash and im worried about the sanitary state of the house. what do i need to do to get her out?
Peter’s answer: I am sorry to hear about your predicament; if it makes you feel better, this is a fairly common occurrence. You are going to have to evict her. Legally speaking, she is likely a licensee. You will have to formally revoke her license to stay at the property by way of a 10 day notice and pursue an eviction pursuant to RPAPL 713(7). Evictions in New York, especially evictions such as the one you will have to file, are fairly complicated, so I advise that you retain an attorney to assist in this process. Best of luck.