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Rex Pietrobono

Rex Pietrobono’s Answers

21 total


  • Missed my pretrial thought it was tomorrow but it was on Tuesday for speeding in Yorktown ny

    Rex’s Answer

    I suspect that you may be mistakenly using the date on the traffic ticket (for a timely plea of not guilty or guilty) for an actual court date. Or, if it was the pre-trial date you missed, then you should immediately contact the court clerk and ask for guidance on remedying your default.

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  • Should I plead guilty or not guilty for passing a school bus?

    Rex’s Answer

    Well, these are serious cases insofar as traffic matters go and you don't want a conviction for it on your record. So, in my opinion pleading guilty is a mistake. Consider hiring an attorney familiar with the court - much better chance of success than the motorist themself in this situation.

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  • What should I do?

    Rex’s Answer

    While it may or may not be an arbitrary number, once you cross the 100 mph level it becomes a much more serious matter before the local prosecutor and court. Hiring an experienced traffic ticket defense attorney would be much more prudent than the accused motorist electing to defend themselves with likely improbable explanations for such a high speed.

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  • What happens after getting caught shoplifting at Target?

    Rex’s Answer

    It sounds like you were fortunate - I have defended a number of persons charged with theft, or petit larceny, from Target. They have an amazing HD quality security camera system in place which can zoom in extremely close and sharp. Since you weren't arrested, no criminal record. They will likely be seeking a multiple civil "restitution" from you (up to $500) even though you never even left the store with the items!

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  • The national trial lawyers Criminal Trial Lawyers Association

    Rex’s Answer

    It may be indicia of a good attorney, but ultimately, you should speak with a few attorneys and make your own decision. Affiliations do not hurt, but they are certainly not the litmus test for competency.

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  • I received an 1180b near Rhinebeck NY 77 in a 55. First offense ever. Should I be looking for an attorney? Thanks

    Rex’s Answer

    In my opinion, hiring an attorney on a case such as this one will increase your chances for the best result. Make sure it's an attorney you are dealing with and not a non-attorney trying to act like one. The attorney should be experienced in handling a multitude of such offenses and reducing or eliminating your points. They may appear in court without you, so you can go about your work day unaffected.

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  • Reckless driving ticket

    Rex’s Answer

    Arrested or not, you have been charged with a crime in NY. It sounds like you may have ben detained briefly (no longer free to leave) and so in that sense you were under arrest. It is hard to tell what occurred from your question, but if you were not placed into custody and taken down to the station to be booked and processed then they would have given you an appearance ticket and/or a summons if you were being charged with Reckless Driving (VTL 1212) - an unclassified misdemeanor with a fine, sur-charge, and/or maximum incarceration period of thirty days. The matter will typically be placed on the criminal, not traffic calendar. A lawyer should be able to amply assist you in this matter.

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  • Not guilty for DUI

    Rex’s Answer

    Yes, you need the assistance of an experienced DWI attorney. At the first appearance (arraignment), they will supply you with the accusatory instrument(s), but they CANNOT suspend you without a bac of 0.08 or greater. I suspect that what you refer to as the "breathalyzer" preceding the FSTs was actually an "alco-sensor" (handheld device) for probable cause) and inadmissible anyway. For some reason, a blood test was elected, so the People have to wait and the court can't suspend until the lab comes in and reaches the threshold number. Get an attorney and get defending!

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  • Officer wrote me a ticket for 1 ticket but when i go online to plead its showing he gave me 2 tickets for the samething.

    Rex’s Answer

    It is physically possible the officer wrote you for two tickets for the same thing (e.g., speeding and unreasonable speed in Staten Island, NY) arising from the same facts - but, he should NOT have done so. This is a motion and/or trial matter wherein this duplicitous issue should be resolved by an attorney in your favor.

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  • CAN I GET MY CAR OUT OF THE IMPOUND IF IT HAD DRUGS

    Rex’s Answer

    Yes, unless there is a forfeiture involved, your attorney should be able to get the DA's office to advise the police to release your vehicle. The yard will not release without police approval and the police will not approve without the green light from the DA.

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