What to do When you Can't Drive 55

If you are just like rockstar legend Sammy Hagar who once said, “I Can’t drive 55!” …you are not alone. In today’s busy world, this anthem seems true, especially when that really lame pokey driver is coasting in front of you and you are on your way to work. However, know this… it no longer pays to speed in New York.

If you know you tend to drive about 12-20 miles over the speed limit like many crazy Albany, NY drivers do, you may want to think about taking action. If you speed perhaps on I-88, The Thruway Route 90 or The Northway RT 87, know this… You may want to be pre-active and start setting speeding limits on your driving behavior. You may want to set your cruise control on only 9 miles above the speed limit

The New York Drivers License Point System

Usually you want to score points, whether it is in games, or with that special someone, or even on a not-so-good credit report, however, there is one example where this is not the case, and I don’t mean golf.

When an officer of the law hits you for speeding and you are convicted, The New York Department of Motor Vehicles awards points to your license. And like playing UNO cards, having more in the end, is definitely not better.

The New York State driving point system has been carefully crafted by lawmakers to identify potentially dangerous drivers by finding those who commit multiple traffic violations in a very short period of time.

Insurance Goes Up, too.

“Only 9 miles over the limit on the highway when it is only 55? That sucks!”

Get a lot of points, and not only do you incur fines and court fees, but you also get the gift that keeps on giving –increased auto insurance premiums. Therefore, the DMV aren’t the only guys to worry about. Insurance companies have their own independent point systems that are not under legal jurisdiction and sometimes all it takes is one filthy little speeding ticket to raise your rates, or worse, lose your policy with the company altogether.

So, what should I set my Cruise Control on?

Police now say they will pull people over going any amount over the speed limit, but surveys show that you begin to raise an officer’s attention at around ten. If they clock you at 11 miles over the limit, the DMV point system goes from 3 points up to 4, and your court fine will also increase, likewise, incrementally.

Beyond that, if you drive like a maniac in a short period of time and score 11 points for traffic convictions in an 18-month period, you will be paying a lot of court fees and fines and perhaps money out to lawyers. But wait, there is more!

If you act like this now, the New York DMV may suspend or revoke your license for 31 days. This means no more luxury rides to work in your car, absorbent taxi cab fares, and you may even miss work altogether if you miss the bus! Below is the New York State DMV Point chart for driving infractions all over NY State, in the Capital Region and in Upstate NY imparticular:

NEW YORK DMV POINT SYSTEM

• Speeding (1-10 MPH over posted limit): 3 points
• Speeding (11-20 MPH over posted limit): 4 points
• Speeding (21-30 MPH over posted limit): 6 points
• Speeding (31-40 MPH over posted limit): 8 points
• Speeding (more than 40 MPH over posted limit): 11 points
• Reckless driving: 5 points
• Failing to stop for a school bus: 5 points
• Following too closely (tailgating): 4 points
• Inadequate brakes: 4 points
• Inadequate brakes while driving an employer’s vehicle: 2 points
• Failing to yield right-of-way: 3 points
• Violation involving a traffic signal, stop sign, or yield sign: 3 points
• Railroad-crossing violation: 3 points
• Safety restraint violation involving a person under 16: 3 points
• Any other moving violation: 2 points
• Improper passing, unsafe lane change, driving left of center, or driving in wrong direction: 3 points
• Leaving the scene of an incident involving property damage or injury to a domestic animal: 3 points

How should I Plea If I get a Moving Violation and am Looking at Possible Points Being Added to My Record?
While guilty traffic convictions remain on your record for often over three whole years, the actual DMV points (out of 11) accrued are automatically removed from your total 18 months after committing an offense.

Call us before your speeding tickets in Albany NY get out of hand! We can help lower your points.

THREE COURSES OF ACTION YOU CAN USE IF YOU GET A SPEEDING TICKET- There are three courses of action if you get a speeding ticket for following the Sammy Hagar handbook for driving on New York State Highways…

1) LOCAL LEGAL REPRESENTATION - Do not plead guilt and just send the ticket in! Contact a local lawyer (like ourselves at www.CarboneLawyer.com – 518-283-1245). Using a local lawyer to defend you can almost certainly help you in a quest to have your ticket and fines reduced. Local lawyers have valuable relationships with city and town courts and can often pull some strings that you can not, when defending yourself.

2) GET A DRIVER’S RECORD ABSTRACT – Usually your lawyer will have you your NY STate Driver’s Record abstract, which you can pick up at your local DMV for $10. This paper will show the court who the driver is. If you are not a speed demon, this paper will help your lawyer know best how to defend you in court.

3) DRIVERS CLASS – You may also remove four points from your total by completing an accident-prevention course that has been approved by the DMV.

For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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How to Evict a Tennant

When a landlord decides to evict a tenant for failure to pay rent, there is a strict procedure to abide by. If the tenant has not paid rent, the landlord must serve a personal demand. This demand, known as the “3 daynotice,” basically tells the tenant to either pay the rent owed within the next 3 days or surrender possession of the premises. The 3 day notice can be served by the landlord him or herself and must state the amount of rent that is owed along with the period of time for which said rent is due. The rent is due within 3 business days after said service. If a landlord does not feel comfortable with serving the 3 day notice themselves, they may use a process server or anyone else that is 18 years of age or older and is deemed competent to serve. Once the 3-day notice is served, the server must sign an affidavit of service in front of a notary. This document shows proof that service actually took place and would come into play in court if the matter goes that far.

If the tenant does not pay the rent that is owed afterreceiving the 3-day notice, a Landlord-Tenant Proceeding can then be initiatedin the court in which the property is located. In this proceeding, a Notice ofPetition and Petition is to be filed. These documents need to be served uponthe tenant by a third party, typically a process server.

Within the Notice of Petition, the landlord, or attorney for the landlord, must contact the court for a court date. This date is to be added on the Notice of Petition and cannot be sooner than 5 days nor later than 12days from the date the tenant is served. Again, the landlord can fill out the
forms and have them served or they may hire an attorney who would then do all the legwork for them.

The actual Petition is served along with the Notice of Petition and must state the respondent’s interest in the property, such as whether he/she is a tenant, sub-tenant, etc. The Petition also typically includes the basic terms of the lease, the monthly rent and the payment schedule.

Once these documents are complete, the landlord or attorney for landlord must have the judge or clerk of the court sign them and then they may be served on the respondent (tenant). If, for example, the court date given by the court is September 15, the Notice of Petition and Petition can be served as early as September 3 and as late as September 10. All of these documents, including the previously served 3-daynotice and associated affidavit, must be filed with the court in duplicate along with the filing fee. This fee can vary, but it usually around $45. The affidavit of service for the Notice of Petition and Petition must be filed with the court within 3 days after service.

If the tenant pays the rent that is owed prior to the courtdate, the tenant cannot be evicted at that time. If the tenant fails to appear in court or does appear in court and fails to pay the requested rent and has no viable excuse for not doing so, a judgment is entered in favor of the landlord. The judge then signs a Warrantof Eviction. The Warrant of Eviction enables the Sheriff to remove the tenantfrom the premises. By law, there is a 72-hour waiting period between the time the Sheriff serves the Warrant of Eviction and when the tenant can be removed from the premises.

This procedure is to be followed when a tenant fails to pay rent. If a landlord wishes to evict a
tenant for a reason other than non-payment of rent, they need to serve a 30 day notice and then go from there.

The steps for Eviction can act like pieces to a puzzle and if one piece is missing, the whole process can be ruined. It is extremely important that everything is served within the proper parameters. If not, a judge can, and often do, make the landlord start all over again. This can be frustrating and costly. It's best to be certain that one's ducks are all in a row prior to execution.

For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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March Madness

I am acutely aware that the term March Madness is most often associated with the NCAA basketball tournament, but for my purposes, it refers to how things often get a little crazy in March. This is true on all sorts of levels.

Along with said mentioned basketball event, people tend to celebrate St. Patrick's Day in a very boisterous manner. Also let's not forget that in the Great NorthEast, the weather tends to break during this month and we are exposed to a few sporadic days in which it feels like mid July. With this seasonal shift and being couped up inside for 3 months, people often get a bit rambuncious, myself included. That being said, it is important to make sure we celebrate the plethora of festivities in March in a responsible manner.

If one wishes to honor the great St. Patrick by repeatedly toasting in his honor, that is all well and good, but please remember to do so responsibly and not drink and drive. Clearly I am stating the obvious and I'm not trying to sound like a public service announcement, but it is important to not only take one's own health into consideration, but that of others who can and will be hurt as a result of said actions.

If you become subject to a DWI or DUI, the best thing to do is comply with the officer's instructions. Trust me, a cooperative defendant is dealt with much more favorably than one that is not. Once charged and processed, it is in everyone's best interest to seek proper legal counsel that handles matters such as this on a routine basis.

Also in March, due to the glimpses of warmer sunny weather, people tend to not be able to drive 55, as the great Sammy Hagar would say, and become subjected to a plethora of vehicle and traffic violations. The police are out in full force during the month of March, so be on your toes. Again, if pulled over, be compliant and seek counsel to fight another day.

Enjoy these first days of Spring and drive and party responsibly. Happy March Madness to all!

For more information or if anyone has any questions or comments,
feelfreetovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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Think Before Pleading Guilty to a Speeding Ticket

To beat a traffic ticket, you don’t have to go to the gym with the mayor, or have a sticker on your back window that says you supported the police department this year. In fact, it’s likely neither of those will help as much as this first very simple tip… take the ticket and ALWAYS PLEAD NOT GUILTY, and let a lawyer do their thing.

The result of pleading not guilty is always better than just mailing in the fine and accepting whatever fate the court decides to levy on you. If you plead not guilty, the worst that can happen is that you get hit with minimal court costs, waste some time, and end up getting whatever it was that they would have given you if you pleaded guilty in the first place. The judge will not add more points to the violation. And the judge cannot require your insurance company to raise your rates even higher.

By pleading NOT GUILTY, you instantly allow wiggle room for the charges and/or fine to be lowered.The next step to saving is finding representation. Rarely can a person completely beat a ticket on their own. Without representation, often you’ll wind up with traffic school, higher points and/or higher fees than when you have a lawyer negotiate a deal. Sometimes, you’ll be offered a plea bargain such as half the points and half the fine.

Just paying that ticket without hiring a lawyer has one serious drawback. It counts as a conviction on your record and raises your insurance for years to come. This is the fine that you keep on having to pay.In recent years, the continual insurance costs from pleading guilty and accepting a conviction have eclipsed the immediate financial hit to your wallet. Traffic ticket revenue has become more important than ever to many states, cities and counties.

With local court and attorney relationships, courts move more smoothly and income is generated.Today, the wrong ticket at the wrong time from a judge in the wrong mood will send your insurance through the roof. This long term hit could result in a suspended license, and even, in some cases, cost you your job.

If you are wondering if you need a traffic lawyer, you probably do.

For more information or if anyone has any questions or comments, feel
freetovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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http://www.lakegeorgelawyer.com/

How to Avoid Tickets for Texting & Talking

Within the last year and a half, New York State passed new legislation within the vehicle and traffic law that makes talking on a cell phone while driving a 2 point penalty on one's license. Previously in 2001, NY passed a law making said action a violation and with it came a fine of up to $100. This made headlines because at the time, NY was the first state to finally crack down and impose such a penalty.

Now, approximately 10 years later, NY has amended the law to include a 2 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with the implementation of the points penalty, such behavior can have an adverse effect on ones insurance premiums along with their overall driving record.

Another "hot topic" in vehicle traffic law is texting while driving. This action seems to be more prevalent in this new age of the smart phone boom. However, in November of 2009, NY passed a law making texting while driving a 2 point penalty along with a fine of up to $150. This little known fact does not seem to prevent the masses from doing so because more and more text related accidents are being reported, as odd as that sounds.

Personally, I see people chatting away on their phones while driving all the time and I am amazed due to the fact that it has been over 10 years since the law against doing so was passed. Bottom line, avoid talking and texting while driving. Not only will you open yourself up to all sorts of legal trouble, but more importantly, one imposes great physical risk to themselves and others when doing so.

The best way to avoid talking while driving would be to obtain a bluetooth device that enables one to speak comepletely hands free. The ear piece models are the cheapest. Many newer model cars these days come equipped with internal bluetooth that allows one to control their mobile device from the car steering wheel. Voice is regulated through a microphone usually imbedded in the rear view mirror and the built in radio speakers act as one giant speaker phone.

Simply using your cell phone on speaker mode will not get you off the hook from being guilty of talking on a mobile device while driving. The device must be completely hands free. Also, many new smartphone applications are available now that translate texts to talk and vice versa.

As stated, talking on a mobile device while driving can be dangerous, but textitng while driving is considered worse due to one's eyes being contantly taken off the road. For all the frequent car talkers and texters out there, I feel it would not only be in their best legal interest to obtain a suitable hands free device or smartphone application, but more importantly, it would be best for all in terms of safety and good consciousness.

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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The Costa Concordia Catastrophe

For Titanic fans such as myself, the Costa Concordia disaster must seem like deja vu all over again, as the great Yogi Berra would say. A few weeks ago the unthinkable happened as the humongous ocean liner Costa Concordia hit a reef full of rocks off the coast of Italy and partially
capsized, leaving many injured, 17 dead and at this time 15 people missing. What is even more bizarre is that the captain allegedly abandoned ship before all passengers and crew were safely off board.

It is one of the most known laws of sea that a captain is to go down with the ship. Since the captain of the Costa Concordia left his post before all were off the ship, he is being charged with a plethora of charges, such as manslaughter, negligence, abandoning ship and a whole host of others. Along with abandoning ship, the captain is being accused of sailing the boat too close to the coast and going against strict protocol that would rule out such a maneuver. It is alleged that the captain sailed the boat closer to shore than normally permitted in order to do a "salute" to the island. The captain now claims that this type of maneuver is often done and even encouraged by management in order to promote business.

The captain of the Costa Concordia has not officially been convicted of any of the pending charges and remains on house arrest. From a legal stand point, the captain looks to have a long road ahead of him in clearing his name due to the fact that his actions can no doubt be considered negligent and reckless to prosecutors. As it pertains to the charges of manslaughter, it goes without saying that the captain did not actually intend for any of the more than 4,200 people on board to perish. However, if his alleged actions prove to be true, he can be charged with such a terrible crime since it was reasonably foreseeable that said actions could cause serious danger to all those onboard the nearly 1,000 foot long ship. Based on this forseeabily factor, it then becomes irrelevant whether or not there was specific intent. Just the fact that the negligent actions were commenced by the captain would be enough to apply said charges.

On a personal note, I have been a self-professed Titanic fanatic ever since my late great Poppy Zurlo told be about the tragedy at theage of 7. I have read countless books on the topic and watched every singlemovie and documentary there is pertaining to the "unsinkable" ship. With all the technological advancements that are available now 100 years later, I would have never dreamed that an eerily similar disaster would remotely transpire again. I guess even with all the great strides in technology, there still is no accounting for human error.

For more information or if anyone has any questions or comments, feel free
tovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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How to File For Custody in Family Court

Dealing with a family court matter can be one of the moststressful experiences a person may face. More than any other court, familycourt involves all sorts of emotions stemming from a plethora of different angles.

When faced with a family court issue such as custody, neglect or family offense, the first thing one must do is be aware that they themselves may fileat any time within the applicable family court.

For those who are not familiar with the family court process, fear not. Mostclerks at the family court level are very much aware that most people arefiling for the first time and that their stress level may be at an all time high.

The family court clerk will provide you with the appropriate paperwork, free ofcharge and with the needed guidance that goes along with it. They can not giveyou legal advice, but in terms of what to fill out and how to go about doing so is what they are there for.

Most family court petitions provided by the clerk are fillin the blank style so don't worry if you are not up on your legalese. Once the applicable petition is filled out, someone from the court will notarize your signature and file accordingly. From there, a court date will be assigned to your case.

If at any time after you file a petition and wish to seek legalcounsel, one has every right to do so. The petitions filed can always beamended and modified so don't worry if something is filed in error.

Family court matters can be an emotional roller coaster. However, do not let the initial filing of papers hinder you in fighting for what you believe is in the beat interest of yourself and your children.

For more information or if anyone has any questions or comments, feel free tovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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http://www.lakegeorgelawyer.com/