If you are facing a drunk driving charge or any motor vehicle traffic offense, we can provide fast, accurate answers about your problem and the best way to proceed based on forty years of experience in the practice of Vehicle and Traffic Law. The defense attorneys at the firm of Harold Dee, Attorney At Law, P.C. are familiar with and understand your concerns and the sense of urgency in dealing with what might be or become a difficult situation.
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We will make every effort to ascertain, as well as understand, your legal predicament to better represent you in a vigorous and professional manner. Our attorneys explain every step of the legal process so you can make educated decisions for yourself. No matter what the charges you are facing, we can help!
Harold Dee is a former NYS/NYC Bronx and Manhattan Traffic Court Judge. Mr. Dee is a veteran of 25,000 Motor Vehicle and Traffic Violation Hearings. He brings the wealth of a sitting experience, knowledge when representing you both in Traffic Court and Criminal Court.
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Mr. Dee and his staff have the necessary knowledge and experience needed to properly protect your right to operate motor vehicles in the States of New York, New Jersey and Connecticut. Mr. Dee’s experience and reputation has been built over 40 years of representing ten thousand (10,000) motorists in discussions, conferences and plea bargains, with various Village, Town, City and County Court’s Traffic Prosecutors and Assistant District Attorneys. The firm has been successful in securing Not Guilty decisions in hundreds of trials for drunk driving, speeding, and operating while suspended (AUO) with local city, town, and village prosecutors, & DA’s.
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Mr. Dee is trustworthy, tenacious and affordable. The firm will appear on your behalf in the Courts of Westchester, NYC, Nassau, Suffolk, Rockland, Dutchess, Columbia, Putnam, Orange, Greene and Columbia Counties in New York State as well as courts in western Connecticut and northern New Jersey.
NEW YORK TRAFFIC TICKET AND DWI DEFENSE LAWYERS
By far, speeding convictions take more New York drivers off the road than any other violation. New York State will suspend or revoke a motorist who has three or more speeding ticket convictions (and/or misdemeanors) for violations that occur within the same eighteen month (18) period. Many times the operator is completely unaware of New York’s stringent rules requiring a six month revocation of one’s driving privileges once three speeding convictions have occurred. Strange as it may seem, a motorist could be off the road for six months with only five (5) points on his/her license. For example, if each of your three speeding charges are bargained down to just five miles over the limit (60/55 mph zone) from a higher charge (i.e., 80/55 @ 6 points), the point total for each speed is only 3 points each (see chart within 1-10 mph over the limit is assessed three points) yielding 9 points in total, before taking the Driver Safety Course (which offers a four point reduction of the driver’s point total). Once the course is completed the motorist point total is only five (5) yet there is a six month revocation for having incurred three speeding traffic ticket or misdemeanors convictions within the same eighteen month period.
NEW JERSEY TRAFFIC TICKET AND DWI DEFENSE LAWYERS
If you have a NY license, and accumulate traffic violations in NJ, any subsequent out of state conviction (including any in NJ) will not appear on your NY abstract, only on the record of the sister state you were convicted in. While it may compromise your driving “privilege to operate” in the other state, it will not appear or affect you in NY. However, if the situation is reversed and you are a NJ Driver facing a traffic violation in NY or another state, you must know that NJ takes points from out of state, as mentioned above, any moving violation out of state is assigned 2 points in NJ regardless of the points it carries in the out of state jurisdiction. As an aside getting points on your license may also increase your insurance rates. Contact your insurance agent for details.
The New Jersey Motor Vehicle Point System
How many points can a motorist accumulate in NJ before being suspended? Below are the NJ DMV guidelines:
Period of Suspension
|12-15 Points in a period of two years or less||30 Days|
|16-18 Points in a period of two years or less||60 Days|
|19-21 Points in a period of two years or less||90 Days|
|22-24 Points in a period of two years or less||120 Days|
|25-27 Points in a period of two years or less||150 Days|
|28 or more Points in a period of two years or less||Not less then: 180 Days|
|12-14 Points in a period greater than two years||Not less than: 30 Days|
|15-18 Points in a period greater than two years||Not less than: 30 Days|
|19-22 Points in a period greater than two years||Not less than: 60 Days|
|23-26 Points in a period greater than two years||Not less than: 90 Days|
|27-30 Points in a period greater than two years||Not less than: 120 Days|
|31-35 Points in a period greater than two years||Not less than: 150 Days|
|36 or more Points in a period greater than two years||Not less than: 180 Days|
Some Common infractions and the points attached to them:
Speeding up to 14 MPH above the limit
Speeding 15-29 MPH above the limit
|Speeding 30 MPH or more above the limit||
Improper Passing of School Bus
Moving violation out of state
NJ DMV reviews you driver’s abstract every time points or other serious events are added to your driving record. If you accumulate six or more points within three years from your last posted violation, you will receive a $150 Surcharge plus $25 for each additional point. A points based Surcharge can result in a Surcharge for three years.
Additional Surcharges may also apply that can result in a Surcharge due for three years:
- $100 for driving without a license
- $250 for driving with a suspended license
- $100 for failure to insure a moped
- $250 for operating an uninsured vehicle
- $1,000 for initial DUI
- $1,500.00 3rd DUI (if occurs within three years of 1st offense)
- $1,000 for Refusal to submit to a breathalyzer test after a DUI carstop
CONNECTICUT TRAFFIC TICKET AND DWI DEFENSE LAWYERS
As in NY and NJ, Connecticut goes by a point system. If a driver accumulates six points on their driving record, that driver can expect a warning letter from the DMV. If they are convicted of 10 or more points their ability to operate in CT will be suspended for 30 days. Infractions and the points they carry are listed below.
The DMV assesses one point for each of the following infractions:
- Operating at unreasonable rate of speed
- Failure to drive in the proper lane
- Illegal use of limited access highway by a bus, commercial vehicle, or vehicle with a trailer
- Improper operation on multiple-lane highways
- Improper operation on a divided highway
- Wrong direction at rotary or one-way street
- Improper turn, illegal turn, illegal stopping, or failure to signal intention to turn
- Improper backing or starting
- Failure to give proper signal
- Operation of motorcycles abreast, illegal passing
- Wrong way on a one-way street
The DMV assesses two points for the following infractions:
- Slow speed, impeding traffic
- Disobeying orders of an officer
- Entering or leaving a controlled access highway at other than designated entrance or exit
- Entry upon a limited access highway at a point other than a highway intersection or designated location
- Executing a turn from the wrong lane or contrary to traffic control devices
- Failure to obey the signal at a railroad crossing
- Failure by a school bus, commercial motor vehicle carrying flammable or explosive substance, taxicab, motor vehicle in livery service, motor bus, or a motor vehicle used for the transportation of school children to stop at a railroad crossing
- Failure to observe parkway or expressway restrictions
- Failure to obey traffic control signal light
- Failure to obey stop sign
- Failure to obey yield sign
- Operating a vehicle through a pedestrian safety zone
The DMV assesses three points for the following infractions:
- Driving while impaired
- Failure to keep right when meeting opposing traffic
- Improper passing or failure to yield to a passing vehicle
- Passing on the right
- Passing in a no passing zone
- Failure to keep to the right on a curve, grade, or when approaching an intersection
- Failure to drive at a reasonable distance apart from other vehicles
- Failure to grant the right of way at an intersection
- Failure to grant the right of way at a junction of highways
- Failure to yield when emerging from a driveway or private road
- Failure to grant the right of way when emerging from an alley, driveway, or building
- Failure to grant the right of way to an ambulance, police, or fire emergency apparatus
- Failure to grant the right of way to a pedestrian
The CT DMV assesses four points for the following infractions:
- Wagering, speed record
- Failure to drive at a reasonable distance apart from another vehicle or intent to harass
- Passing a stopped school bus
The CT DMV assesses five points for the following infractions:
- Operation of a school bus at excessive speed
- Negligent homicide with a motor vehicle
In Connecticut, a driver must attend an Operator Retraining Program if:
- A driver 24 years of age or younger has two violations involving either a moving violation or a suspension violation on his or her driving record.
- A driver who is 25 years of age or older has three violations involving either a moving violation or a suspension violation on his or her driving record.
- After completion of an Operator Retraining Program, a driver must attain thirty-six (36) consecutive months without any additional moving violations or suspension violations.
- If an additional violation is added to your driving record, CT DMV will suspend your driver’s license or operating privilege for 30 days upon a first conviction of a violation; 60 days upon a second conviction for a violation; and 90 days for a third or subsequent violation.
MOVING vs NON-MOVING VIOLATIONS
Violations are also classified by whether or not the vehicle was in motion at the type of the incident, and traffic tickets may therefore be for either moving or non-moving violations. Examples of moving violations include:
- Speeding or driving below the minimum speed
- Running a stop sign or red light
- Driving without a seat belt
- Drunk driving (DUI and DWI)
Non moving violations include:
- Parking in a handicapped zone or other illegal parking
- Driving with an invalid vehicle registration
- Having expired or missing license plates
- Leaving a vehicle unattended and running
For a free consultation regarding your privilege to operate in NY, NJ, or CT call or fill out a contact form today! Our telephone is easy to remember. 1.800.HAROLD.Dee (800.427.6533).
Harold Dee’s office helps clients educate themselves about their legal rights before they seek counsel. The following web links offer important information in English for the New York Tri-State area that will help you decide whether you should hire an attorney and what questions you should ask an attorney if you decide you need one.
New York links
New York State Insurance Department
New Jersey links
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