I want no points on my record and can I have an inspection done and get this ticket dismissed .What is my best option. Do I go to the district attorneys office
You wouldn't get points for this even if convicted. Getting an inspection after the fact doesn't negate that you didn't have proper inspection at the time of the offense.
1st--get it fixed.
2nd, plead not guilty.
3rd--go to court w/proof it was fixed and it's your dad's car.
Joseph A. Lo Piccolo, Esq.
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.
Some courts will dismiss it if you show proof of inspection. If that doesn't happen, you can probably get a small fine/no points outcome.
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) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
As usual, excellent points are made by my colleagues. I am assuming that you got this ticket pursuant to being pulled over, either for this offense, or for another offense. If that is the case, and if the inspection was expired for more than 60 days, you are facing a fine of between $50.00 and $100.00 PLUS a New York State surcharge of $80.00 if the matter is in a City Court or $85.00 if the matter is in a Town or Village Court. If the inspection was expired for 60 days or less, then the fine is between $25.00 and $50.00, PLUS the $80.00 or $85.00 surcharge. In either case, there are no points associated with this violation but it would show up on your driving record, if you were convicted of it. (If you got the ticket while your vehicle was parked, the fines noted above are the same, BUT there is no state surcharge). The good news, as one of my colleagues pointed out, is that some Courts will dismiss this ticket if you get the car inspected. However, some of those Courts will ONLY dismiss the ticket if you get the car inspected VERY soon after the ticket was issued. I've dealt with some Courts that have a 24 hour policy and others that have a 48 hour policy. Other Courts aren't quite as strict, so long as you get the car inspected within a week or so, but to be on the safe side, I would get the car inspected IMMEDIATELY if I were you, and get a receipt from the garage/dealer that inspects it, that indicates the date on which the inspection took place. Plead not guilty to the ticket and, if you wish to handle the matter without an attorney, go the pre-trial conference that the Court will schedule once you plead not-guilty. At that conference, you will have an opportunity to show the prosecutor (you make reference, in your question, to the District Attorney's Office...keep in mind that in some Courts the DA's office is the prosecuting agent for violations, but in other Courts, the prosecuting agent is someone else!) your receipt for having had the car inspected (and I agree with my colleague, that showing proof that the vehicle is your dad's, may well be helpful too). The prosecutor will, hopefully, though he/she certainly does not have to, offer you either a straight dismissal of your ticket or an "adjournment in contemplation of dismissal" (ACOD or ACD, as some call it). An ACOD means that you must avoid any violations of the Vehicle and Traffic Law and must, as far as some Courts are concerned, avoid violations of any other State or Federal criminal statute, for a certain time period, usually six months, following the date that the ACOD is entered. If you do so, then at the end of that period, the inspection ticket is dismissed. If you don't, then the Court out of which you committed the second violation has the option of reinstating the inspection ticket, in which case, you would be prosecuted for both the second violation AND the inspection ticket. Also, if you were issued the inspection ticket along with another ticket, sometimes, the prosecutor, instead of offering an ACOD, will offer you a reduction of the other ticket in full satisfaction of BOTH tickets, in which case, the inspection ticket would often be, what we call, "merged and dismissed". I think that you may or may not need the assistance of an attorney, depending on the specific circumstances, including, whether the inspection ticket was issued along with other ticket(s), but keep in mind, that at least consulting with an attorney can give a full picture of all of your options, both with and without an attorney, and keep in mind that an attorney can often appear in Court without you, if you've hired the attorney to represent you. Good luck to you!
Matthew J. Werblin, Esq.
Attorney at Law
It is 0 points and something like a $35.00 fine. If you time is worth less than $35.00 go for it, or else send it in with a guilty plea.
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