I knew this kind of call would come someday. It came today.
Caller: Do you handle appeals of speeding tickets?
I asked him to tell me more about the situation. He had gotten a speeding ticket in Athens Town Court. Athens is in Greene County, a bit south of Albany. The ticket was for 90 mph in a 65 zone.
He went to trial himself, using the Tipmra method. He seemed surprised I'd never heard of it.
Of course he lost the trial. I checked out the Tipmra site later and found out that, like others, they guarantee you a refund. Whoopee! This guy just got whacked with $655 in fines and surcharges, his insurance rates are going to go through the roof, his license is in jeopardy, and you'll refund his $29.95. Thanks.
Of course, it turns out that this guy didn't actually pay for the whole thing. He read the free part of the site and went from there. Now he's calling me for free advice on how to do his appeal. The conversation went a bit downhill after I told him I'd charge $2500 to do an appeal in County Court.
And now he's got another ticket, for 93 mph in a 65 zone. Hmm. 6 points plus 6 points equals 12 -- about to lose his license. Nice going.
If he had hired me (or any other competent lawyer), he would have gotten his first ticket resolved for about $400, with minimum fines, no risk to his license, and no impact on his insurance.
The funniest part -- he got the first ticket when he was on his learner's permit. I asked who was in the car with him -- his dad. So he's going 90 mph with his dad in the car.
Reminds me of the Darwin awards. :-)
Wednesday, February 08, 2006
Sunday, February 05, 2006
Superbowl - Worst referees ever
That was the worst officiating I've ever seen. The most lopsided calls ever. I'm a Giants fan, and I like both the Seahawks and the Steelers. I thought the Seahawks were the better team going in, and after those calls, I still feel that way.
Take nothing away from the Steelers. They're a good team and they played a good game. But the refs stole that game from the Seahawks.
Bogus interference call. Both players were pushing each other.
Bogus holding call.
That's two touchdowns right there.
Then, late in the game, Roethlisberger is running left and Hines Ward holds the corner - no call.
And what about that penalty on Hasselbeck on the tackle after the interception. Ridiculous call!
I did think Roethlisberger scored on the touchdown. That was a good call. But overall, the refs stole the game from the Seahawks.
I had to get that off my chest.
Take nothing away from the Steelers. They're a good team and they played a good game. But the refs stole that game from the Seahawks.
Bogus interference call. Both players were pushing each other.
Bogus holding call.
That's two touchdowns right there.
Then, late in the game, Roethlisberger is running left and Hines Ward holds the corner - no call.
And what about that penalty on Hasselbeck on the tackle after the interception. Ridiculous call!
I did think Roethlisberger scored on the touchdown. That was a good call. But overall, the refs stole the game from the Seahawks.
I had to get that off my chest.
Thursday, February 02, 2006
Marijuana defense - dismissal under NY law - CPL 170.56
If you're facing marijuana charges in New York State, we might be able to help. Please check out our Marijuana Lawyer page.
Got part of another case resolved tonight. Client was charged with UPM (unlawful possession of marijuana). Criminal Procedure Law section 170.56 provides for dismissal or ACOD (adjourned in contemplation of dismissal) for UPM and the two misdemeanor marijuana charges, if it's a first-time marijuana offense. Defendant has to move for it, and the DA's consent is not required.
When I first appeared on this case, the ADA wanted my client to do 20 hours of community service. Sometimes DAs make up their own laws. This is not the ADA's fault. We have a new DA in Albany County, and this is part of his agenda. It's quite disturbing because he ran on a drug policy reform platform, and now he is giving the worst deals on minor marijuana offenses. No other county DA in the area seeks community service on a UPM.
So when that happened, I made a "letter motion" (I sent a letter and said "Judge, I move for ...") for dismissal under 170.56. I appeared in Court tonight and the ADA still insisted on community service.
We approached and discussed with the judge. In this case it helped that my client already volunteers extensively doing something very nice and noble. The ADA initially told the judge that he did not have the authority without her consent. I disagreed. We took a break while she looked it up. We went back in front of the judge and she admitted I was right. Yes, that does something for the male ego. :-)
So the judge granted my motion, and because of NY law regarding UPM and this dismissal, it's as if it never happened. My client was never arrested, under New York law.
I should mention that I've never had a problem with this ADA before, and we had done deals on UPMs before the new DA, and there was no problem then. While I am often critical of prosecutors, I do respect this particular ADA even if I disagreed with her on this case.
Got part of another case resolved tonight. Client was charged with UPM (unlawful possession of marijuana). Criminal Procedure Law section 170.56 provides for dismissal or ACOD (adjourned in contemplation of dismissal) for UPM and the two misdemeanor marijuana charges, if it's a first-time marijuana offense. Defendant has to move for it, and the DA's consent is not required.
When I first appeared on this case, the ADA wanted my client to do 20 hours of community service. Sometimes DAs make up their own laws. This is not the ADA's fault. We have a new DA in Albany County, and this is part of his agenda. It's quite disturbing because he ran on a drug policy reform platform, and now he is giving the worst deals on minor marijuana offenses. No other county DA in the area seeks community service on a UPM.
So when that happened, I made a "letter motion" (I sent a letter and said "Judge, I move for ...") for dismissal under 170.56. I appeared in Court tonight and the ADA still insisted on community service.
We approached and discussed with the judge. In this case it helped that my client already volunteers extensively doing something very nice and noble. The ADA initially told the judge that he did not have the authority without her consent. I disagreed. We took a break while she looked it up. We went back in front of the judge and she admitted I was right. Yes, that does something for the male ego. :-)
So the judge granted my motion, and because of NY law regarding UPM and this dismissal, it's as if it never happened. My client was never arrested, under New York law.
I should mention that I've never had a problem with this ADA before, and we had done deals on UPMs before the new DA, and there was no problem then. While I am often critical of prosecutors, I do respect this particular ADA even if I disagreed with her on this case.
DWI - Lawyer thinking on his feet
Finally made a deal tonight on a case that had been going for a while. Client charged with DWI after an accident. He was also charged with a few other misdemeanors.
The case has been dragging on for a while now. The first ADA seemed to be disinterested and we weren't making any progress. I jumped through a few hoops, and had my client jump through a couple more (alcohol evaluation). I had the consent of the victim's attorney. Yada yada yada.
So we finally get the new ADA to agree to a deal - DWI and another misdemeanor, no jail time and 3 years probation. I go up to the judge to finalize, and the judge wants to adjourn 8 weeks for a presentence investigation (PSI). I said we'd waive it. The clerk says it's mandatory. I think she's wrong, but I'm not winning the argument.
The 8 weeks matters because it's 8 weeks before the DWI revocation starts, and therefore 8 weeks before it ends. Two more months without driving. Client has a prior within 5 years, and will probably not be eligible for a conditional license.
So, thinking on my feet (hey, once in a while I'm not an idiot), I ask the judge to sentence my client on the DWI now, and sentence him to 3 years probation on the other misdemeanor. The judge agreed, so the revocation started tonight.
Whew!!
The case has been dragging on for a while now. The first ADA seemed to be disinterested and we weren't making any progress. I jumped through a few hoops, and had my client jump through a couple more (alcohol evaluation). I had the consent of the victim's attorney. Yada yada yada.
So we finally get the new ADA to agree to a deal - DWI and another misdemeanor, no jail time and 3 years probation. I go up to the judge to finalize, and the judge wants to adjourn 8 weeks for a presentence investigation (PSI). I said we'd waive it. The clerk says it's mandatory. I think she's wrong, but I'm not winning the argument.
The 8 weeks matters because it's 8 weeks before the DWI revocation starts, and therefore 8 weeks before it ends. Two more months without driving. Client has a prior within 5 years, and will probably not be eligible for a conditional license.
So, thinking on my feet (hey, once in a while I'm not an idiot), I ask the judge to sentence my client on the DWI now, and sentence him to 3 years probation on the other misdemeanor. The judge agreed, so the revocation started tonight.
Whew!!
Speeding tickets
With all the traffic on the Speeding Ticket FAQ page on my main site, I figured I should add more information. Plus, I get calls occasionally from people with tickets in other places that I don't handle. I've had calls about Georgia, Texas, Illinois, Pennsylvania, and many for New York City, Long Island and Westchester.
So I've added three new pages:
New York City speeding tickets,
New Jersey speeding tickets,
and
California speeding tickets.
Now I'm going to watch Google Analytics to see if these pages get any traffic. I doubt they'll rank on searches, but maybe some of the visitors to the main faq page will see the links and click over. I will probably add some other states in the future, but for now I want to see how these do.
It's somewhat interesting to see how other states handle speeding tickets. From a brief look around, NY may be one of the toughest states, with high fines and surcharges. On a brief review, California may be even worse.
So I've added three new pages:
New York City speeding tickets,
New Jersey speeding tickets,
and
California speeding tickets.
Now I'm going to watch Google Analytics to see if these pages get any traffic. I doubt they'll rank on searches, but maybe some of the visitors to the main faq page will see the links and click over. I will probably add some other states in the future, but for now I want to see how these do.
It's somewhat interesting to see how other states handle speeding tickets. From a brief look around, NY may be one of the toughest states, with high fines and surcharges. On a brief review, California may be even worse.
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