I received my first ticket recently and have heard that if any information is wrong the ticket would be dismissed. The police gave me a summons and he filled out the ticket saying “owner is operator” But I am not .
The answer is no. You heard wrong. Whether or not you were the owner of the car is probably irrelevant to the issue of whether or not you committed the infraction. Don’t listen to people who don’t know what they are talking about.
Please note that answers to questions are for general purposes only and do not establish an attorney-client relationship. Attorney Feraru has practiced for over two-decades dealing in many types of cases, including: personal injury, criminal, family and many other civil matters.
The New Rochelle City Court is a VERY DIFFICULT court to deal with. You should hire a lawyer to represent you. As for a ministerial error on the ticket - in and of itself not a big deal. However, perhaps you were not the operator and were nonetheless ticketed (believe it or not, I have seen that happen), then that could lead to a dismissal. Or, there are other errors on the ticket which could rise to the level of making the ticket void and could lead to a dismissal or at a minimum give leverage for a tremendous plea bargain deal. However, you will never know any of this, nor the particulars on how to deal with that court, unless you retain an an attorney that specializes in traffic ticket defense and has experience in that court. Feel free to reach out and contact us if you have any other questions or concerns!
Whether or not you hire a lawyer, it is always in your interest to take an online defensive driving course, which can be found here: https://www.americansafetycouncil.com/online-courses/?lgr=f03107d0-a438-e111-9481-00c09f3f0f12. Upon completion of the course your auto insurer will have to give you a 10% premium discount for 3 years, and the DMV will give you a 4 point credit towards suspensions in the 18 month period prior to taking the course. So there is an overall savings for taking the course and it can potentially prevent a license suspension for hitting too many points. Are you aware that when you hire a NY traffic ticket defense lawyer you don't even have to go to court your lawyer goes for you? We are a boutique law practice that only represents clients charged with moving violations, auto crimes, and before the DMV in administrative issues. We typically charge one time flat fees, and give a money back guarantee in most cases.
Not every small mistake will result in a dismissal, and some judges will make your life more difficult by not allowing a dismissal even if the problem is serious. Also, most judges are not going to let defendants play lawyer - if you want to plead guilty to a reduced charge, then fine. If you want to talk about motions and non-waiveable jurisdictional defects in the accusatory instruments, then yes, go get a lawyer.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline