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I got a 509-1 ticket and i only have my learners permit what are the penalties and should i plea guilty or not guilty ?

Bronx, NY |

was just driving to the car wash and cops pulled me over due to the fact i had my headlights off and it was already getting dark out and i provided my learners permit and yes there was a person in the car with me who has a drivers license and is exaclly 21 yrs old going on 22 and the officer then gave me 2 tickets one for the headlights being off and another for a violation of 509-1 i then told the officer i provided my learners permit and there is a driver license person in the car with me who has had it for more then 3 yrs and he then stated the person has to be 25 yrs old not 21 and then tells me switch seats with the person who does have a drivers license then walks away and gets into his car and pulls away

Attorney Answers 4

  1. This is not the forum to resolve your licensing issue or to get a final answer to the problem that faces you. If having your driver's license is important to you, treat it as important. Retain an experienced vehicle and traffic lawyer in your area who can help you with the charges you face. There are many such lawyers on this site, and surely one or more will post an answer. Spend the money and the time to be well represented.

    Christopher I. Simser,Sr.
    Anelli Xavier
    269 West Jefferson Street, 2nd Floor
    Syracuse, NY 13202

  2. I think the 509 is defensible and based on my review o f the DMV website I think the officer was wrong. See below. You should hire a criminal defense lawyer or traffic court lawyer because your license can be suspended if you are convicted.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  3. Check DMV website, need a 21 year old not a 25 year old in the car. Retain a local experienced lawyer to help you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

  4. It think the cop is right. Your friend is not your parent, guardian, or driver ed teacher. The age of your passenger does not seem to be an operative fact here. In any event, you should be able to bargain this, preferably through a lawyer. S/he will be able to confirm if this is a valid violation in your instance and guide you accordingly.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.

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