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Elliot S Stomel
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Elliot Stomel’s Answers

625 total


  • Photo radar tickets

    My mom received a photo radar ticket last month but I was actually the driver of the car. They issued it under the City of Mesa or Tempe, can't remember right now, the first time but I just found out that they reissued the ticket to me and from th...

    Elliot’s Answer

    While I am not licensed to practice law in Arizona, in most States photo camera radar computer is programmed to tell the camera when to take a photo of any vehicle observed exceeding a certain speed limit. Some cameras will take a photo of the front and rear of the speeding vehicle in an attempt to show the face of the operator as well as the registration number of the target vehicle. The photos with legible license plate numbers are sorted out, the registration numbers are run into the motor vehicle computer and tickets are then mailed out to the corresponding registered owners based on the speed limit that was violated by the offending vehicle. A successful challenge to a photo camera radar ticket is achieved by looking at several important things. Statistics have shown that the vast majority of these photo camera radar tickets are illegible because of these reasons: (1) illegible license plate number; (2) unidentifiable make and model of the vehicle; and (3) indistinguishable driver or operator. If you have received such a photo camera radar ticket, immediately appeal it and ask to see the photo records that supported the ticket(s) being mailed to you. Look to see if any of those reasons apply and then explain it to the court official hearing your case.

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  • I was arrested in LA, California 10 years ago. The case was dismissed by the judge. I never saw the judge.

    The finger printing is still popping up when I do my employment background check. What are my option to take the finger print off the system? and Do I need a lawyer for it? What form do I need to fill out?

    Elliot’s Answer

    If your arrest took place in New Jersey, I would suggest that you retain a New Jersey attorney to file a petition with the court to have the record of arrest expunged from your criminal history. However, you have indicated that the arrest took place in California. You should contact an attorney licensed in that State to assist you. While I am not licensed in California, I am aware of a New Jersey attorney who practices there. If you would like some direction in this regard, please feel free to contact me, and I will provide you with that information.

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  • I was arrested in LA, California 10 years ago. The case was dismissed by the judge. I never saw the judge.

    The finger printing is still popping up when I do my employment background check. What are my option to take the finger print off the system? and Do I need a lawyer for it? What form do I need to fill out?

    Elliot’s Answer

    • Selected as best answer

    If your arrest took place in New Jersey, I would suggest that you retain a New Jersey attorney to file a petition with the court to have the record of arrest expunged from your criminal history. However, you have indicated that the arrest took place in California. You should contact an attorney licensed in that State to assist you. While I am not licensed in California, I am aware of a New Jersey attorney who practices there. If you would like some direction in this regard, please feel free to contact me, and I will provide you with that information.

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  • Bail money , when can i take it ??

    i paid 3000$ bail and now i have court in october . my charge will be transfered to a higher court maybe in november ( the matter will not end at the same day " cds 3rd degree crime" ) \ when could i take my 3000 $ bail back? in the 1 st court ...

    Elliot’s Answer

    Your bail will not be returned until the final conclusion of your case. If you ultimately enter a plea of guilty to any offense, the finance unit will begin the process immediately following your sentencing. A check will be sent approximately two weeks after sentencing.

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  • Bail money , when can i take it ??

    i paid 3000$ bail and now i have court in october . my charge will be transfered to a higher court maybe in november ( the matter will not end at the same day " cds 3rd degree crime" ) \ when could i take my 3000 $ bail back? in the 1 st court ...

    Elliot’s Answer

    • Selected as best answer

    Your bail will not be returned until the final conclusion of your case. If you ultimately enter a plea of guilty to any offense, the finance unit will begin the process immediately following your sentencing. A check will be sent approximately two weeks after sentencing.

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  • Punishment for 3rd degree burglary and criminal trespassing first offense

    never been in trouble before in my life. Nj , 18 years old what is might my punihsment look like

    Elliot’s Answer

    Your 3rd degree burglary charge exposes you to a period of incarceration for 3-5 years. The criminal trespass charge is a lesser included offense. If this is your first offense (depending on your juvenile history) a good lawyer should be able to resolve your case without your having to serve any jail time.

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  • How do I pay a warrant when I live outside that state?

    I currently live in Texas and have a bench warrant due to an unpaid fine in New Jersey. How do I get rid of the warrant without having to go back to New Jersey.

    Elliot’s Answer

    If you have already appeared in court and pled guilty to the underlying charge, the failure to pay the fine should not require you to physically return to the State of New Jersey. I suggest that you contact the court to inquire as to the balance you owe. There may also be some additional monies due for contempt (due to your failure to pay as ordered). In the event you are not successful with this approach, I suggest that you contact an attorney to assist you in the process.

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  • Is there any way I can get my drivers license renewed before my suspended period?

    I lost my license for 10years and it's been about 4 years since that suspension. I need my license in order to work or even get a job in my field which is electrical. I have been to rehab, a halfway house, done my jail ime, and even completed Drug...

    Elliot’s Answer

    I know of no authorization for you to have your license restored before the expiration of your ten-year suspension period. Unlike a prison term which provides for time off for god behavior, a license suspension, especially one for DUI, cannot be reduced. Sorry!

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  • Who is responsible for tickets the person who owns the car or another person driving?

    My boyfriend occasionally drove my car and recceived multiple tickets that I was not aware of- mostly through traffic cameras. The car and insurance is registered in my name , who is responsible for the tickets the owner of the vehicle or the pers...

    Elliot’s Answer

    While I am not licensed to practice law in the State of Maryland, in most States, photo camera radar computer is programmed to tell the camera when to take a photo of any vehicle observed exceeding a certain speed limit. Some cameras will take a photo of the front and rear of the speeding vehicle in an attempt to show the face of the operator as well as the registration number of the target vehicle. The photos with legible license plate numbers are sorted out, the registration numbers are run into the motor vehicle computer and tickets are then mailed out to the corresponding registered owners based on the speed limit that was violated by the offending vehicle. A successful challenge to a photo camera radar ticket is achieved by looking at several important things. Statistics have shown that the vast majority of these photo camera radar tickets are illegible because of these reasons: (1) illegible license plate number; (2) unidentifiable make and model of the vehicle; and (3) indistinguishable driver or operator. If you have received such a photo camera radar ticket, immediately appeal it and ask to see the photo records that supported the ticket(s) being mailed to you. Look to see if any of those reasons apply and then explain it to the court official hearing your case.

    See question 
  • My court date for a speeding ticket in Selmer is more than 90 days from the incident. Is this couse for dismissal

    It was a photo radar and I received a citation in the mail. I sent the form requesting a court date. The alleged violation occured on July 31, and my court date is Jan. 4

    Elliot’s Answer

    No, it is not grounds for dismissal. I am not sure I understand why you think it would be. Granted, your court date is 5 months after the incident, but there are many reasons why cases get delayed that long, including heavy court dockets in smaller courts with limited personnel and court sessions which are held as seldom as once a month.

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