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Got a 6 pt speeding ticket in suffolk county NY. How many times can I postpone the hearing/court scheduled date?

Lindenhurst, NY |

trying to postpone this as long as I can. I pleaded NG.

Attorney Answers 6

Posted

It can be postponed 2x, although the second time may require posting of a bond. I would hire an attorney, or at least learn how to strategically decide if you are "ready" or should postpone before just going in and asking for an adjournment.

Some colleagues have referenced the new system scheduled to start in April...I believe that date has already been pushed back (due to funding and ensuring they will have a physical location ready...there are also disagreements as to whether it should be staffed with people let go from TVB or with people who have been laid off by the county). It is also not 100% clear if once it is fully operational all TVB tickets will be tranferred there, or just the new ones.

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2 comments

Matisyahu Wolfberg

Matisyahu Wolfberg

Posted

That is true, but you have to be careful, they can suspend your license pending a new court date in the TVB system.

Christopher B. Abbott

Christopher B. Abbott

Posted

Generally in Suffolk you get one adjournment for the asking, on the second you may have to post a bond and any subsequent postponements will result in a suspension.

Posted

Usually 1-2 times.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

You want postpone this ticket out as long as possible. Currently the majority of tickets issued in Suffolk County are adjudiacted via an administrative hearing at the DMV. In this setting you are basically guilty and have to prove your self innocent. Starting next year ( we are hearing April 2013) Suffolk County will be setting up a TVB similiar to the one in Nassau County that wil be a true Court. So your best bet would be to adjourn it as long as possible initally, You also may want to consider hiring an attorney as well. .

When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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1 comment

Matisyahu Wolfberg

Matisyahu Wolfberg

Posted

That is really good news, anything you can do to get away from the TVB, is in your best interest.

Posted

If you retain our office we go to court for you so you don't lose time from school or work and we charge 1 low flat fee. At the end of the day we give you a professional trial so you have a chance at a dismissal. We save you time and money and insurance increases.

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Posted

You can re-schedule the first time online (the day before the hearing). Thereafter, you can re-scheudle in person. You should be able to get 1 or 2 more adjournments beyond the original one. Keep in mind that the Court will impose a $40 bond for your second (or third) adjournment. This bond is refunded if you win or applied towards the fine if you lose. The only way you can lose with a bond is if you fail to appear as scheduled. Because this court is changing how it handles cases in April 2003, you should definitely push this out beyond this date.

Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.

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5 comments

Asker

Posted

Can I push this date as far as I can and then obtain a lawyer? i am also considering plea bargaining my case but should I wait until I've postponed this to the limit?

Matthew Jay Weiss

Matthew Jay Weiss

Posted

Yes, but most lawyers (us included) will not charge extra for the service of re-scheduling. You cannot plea bargain under the current system used in Suffolk County. As of April 2013, you should be able to make a plea deal.

Asker

Posted

I'm suggesting plea bargaining down to lesser points and fine before the hearing date. I know at the hearing you either win or lose no inbetween. thanks for your response so much!

Matthew Jay Weiss

Matthew Jay Weiss

Posted

There is NO plea bargaining currently at your court. Therefore, you cannot get less points and/or fine before your hearing date. As of April 2013, this will change.

Asker

Posted

thank you so much.

Posted

It depends on what court system this is in, is the in the TVB or a local court:? If TVB, you can usually do it 2 times.

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