Q: I have served 2 years of a 5 year probation sentence in upstate NY …can I appeal to terminate probation at any time: I was convicted of 1 count attempted sale of a controlled substance (Klonopin) class e offence ….. first-time offended
A: David’s answer: I’ve seen many clients get off probation early but on a 5-year bid, courts in my neck of the woods don’t release before at least 3 years on probation and that’s with a perfect record on probation and with all dues, fines, restitution and surcharges paid in full.
Q: When do the moving violations affect the driving abstract in NYS? Is this after getting convicted by the court?: After getting a summons from an NYPD officer for violating the speed limit in New York State, I have pleaded not guilty and the hearing date was scheduled. The conviction for the speed limit results in 5 violation points against the driving record. However, if I keep adjourning the hearing date up to three years and on the third year let’s say the officer shows up and the judge finds me guilty, do the points stay on my driving record since it is after 36 months when the points get cleared up? In other words, do the violation points affect my driving record after finding guilty by the court or from the date of getting pulled over and enter the abstract after conviction by the court? So it is a little bit confusing and pardons me should my questions sound obscured.
A: David’s answer: In upstate New York, no judge will let you adjourn for 3 years. Once you hit 6 months, you pretty much at the limit: the judge will set it down for trial and give you a date. Rather than trying to buy time, which won’t get you anything, why don’t you try to get a reduction if your driving abstract is decent? You can probably print off the traffic reduction form online. Fill it out, send it and see what you get. Honesty and brevity are key components in getting a good response back from the DA’s office. If you don’t like the plea offer, then ask for a trial. The police office might not show up. Then you ask the judge for the case to be dismissed “for failure to prosecute”. And if you do get points on your license, you can likely get some of them removed by taking an online class, and points only appear on your abstract for 18 months.
Q: What evidence do I need to present to have the ticket dismissed? : I was issued a speeding ticket in a school zone. The sign designating the school zone speed of 15 miles per hour when the lights are flashing was not lit. I have a passenger who can testify that the flashing lights were not lit. Will that be enough evidence?
A: David’s answer: Here in New York, you can submit a reduction form that will allow you to plead to a lesser offense.i.e. a traffic ticket with less or no points. If that is not available, then, by all means, you should ask for a trial. Always be polite with the judge, with the police officer and the court staff. I don’t think you need an attorney to fight a traffic ticket. Make sure you tell your side of the story in a clear, articulate, and coherent fashion. Finally, the police officer must show up to prosecute your case and place evidence on the record. If he does not appear, which happens often, then tell the judge you want the case dismissed for “failure to prosecute”.