Can I fight a 1225C2A ticket for "use of cell phone in right hand" even though I just picked it up to look at next step in GPS?
Nikole's answer
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Answered on December 01, 2014
Because you were holding the device in your hand you were in violation of the law as it is written. Moreover, the traffic violation bureaus have a...
What is the difference between VTL 1192.2 and VTL 1192.3? I am being charged for VTL 1192.3 (DWI INTOX)
Nikole's answer
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Answered on December 01, 2014
The difference is whether or not you submitted to a chemical test. Under NY VTL 1192-2, it must be proven that your BAC was .08% or more. Under NY...
Archived
I got arrested for a DWI in NY last week. I work in and currently live in NJ but have a NY license, is this going to be an issue
Nikole's answer
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Answered on December 01, 2014
Because you have a New York license, you may be eligible for a conditional license; however, the refusal will add a layer of complication into the...
The officer that arrested me did not tell me what I blew in the breathalyzer on scene, I then refused a chemical test. What now?
Nikole's answer
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Answered on December 01, 2014
Because you did not submit to a chemical test, you will not be charged with aggravated DWI based on your blood alcohol content. When you were...
Archived
If a person has a felony on their record can they deer hunt?
Nikole's answer
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Answered on November 30, 2014
Generally, when a person is convicted of a felony he or she will lose the right to possess a firearm.
Is the 5 Minute Grace Period Defense
valid on regular street parking 2
Nikole's answer
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Answered on November 25, 2014
I am aware of no such legal defense. Sometimes, officers will decline to issue a citation within the five minute window as a good deed, but this is...
Archived
Vehicle equip violation in Catskill, NY for having trunk filled with gear blocking rear windshield. I have side mirrors..guilty?
Nikole's answer
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Answered on November 25, 2014
If you decide to hire an attorney, you will need to hire an attorney who is licensed to practice in New York State.
Because the equipment...
Archived
Can I contest a ticket if officer says he giving me a ticket for 1 thing but writes me a ticket for something else?
Nikole's answer
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Answered on November 25, 2014
I concur with the previous responses. All that matters is what you are charged with and whether the officer can demonstrate you are guilty of that...
Archived
Was given probation of six months ,i think an acd , and then paid a fine two years ago for petty theft. got caught a second time
Nikole's answer
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Answered on November 25, 2014
It sounds like you are charged with a misdemeanor. This means you could do jail time if you are convicted. The first court date will likely be your...
Archived
Is it possible to permanently wipe my criminal background clean? If so how do I go about doing that, and is it expensive?
Nikole's answer
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Answered on November 25, 2014
New York State does not expunge criminal records. Based on the information you provided, you should not have a criminal record based on the ACDs.
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