Be Proactive in Dealing with a Traffic Ticket

A lot of people when they get a traffic ticket put it on the back burner and do not treat it very seriously. They do this of course until the court date rolls around and then panic often sets in. At this point, an individual often debates whether or not to simply “mail it in” and plead guilty or instead obtain an attorney and hope to plead to a lesser charge.

While it may be easier and more convenient to sign the back of the ticket, mail it in to the “powers that be” and be done with it, this is almost always not the best choice. By blindly pleading guilty to a traffic ticket, an individual risks points being placed on their license and an increase in insurance premiums often go hand and hand. This can further be of consequence to those who are prone to getting stopped for speeding. The more points a person has on their license, the less likely of a chance they may have in successfully negotiating a plea to a reduced charge.

This is all common sense of course, which is why it should be a no brainer to hire an attorney when getting a traffic ticket. The cost in legal fees will be far less than the increase in insurance rates if a ticket is ignored or a blind plea of guilty is entered.

A lot of times, people plead guilty not knowing of the consequences to only later find out that they now have numerous points on their license. They then tend to seek legal counsel to try to remedy the situation. At this point, an attorney can file what is known as a Coram Nobis, which is a request to the court to review its own judgment. This is an up hill battle to say the least and it can be expensive in terms of legal fees.

In short, when a person gets a traffic ticket, whether it be for speeding or running a red light or stop sign, it is wise to seek legal counsel right away in order to avoid unnecessary points on ones license and increased insurance premiums. To avoid financial burden and overall stress, be sure to think again before you crumple up that traffic ticket.

Martin A. Carbone, Esq.
Carbone & Carbone LLP
www.carbonelawyer.com
www.lakegeorgelawyer.com

Tech Today, Law Tomorrow

Just about everyone nowadays has a cell phone. More specifically, most have "smart phones" such as an iphone, Droid, or Blackberry. With these recent “can't live without” pieces of technology comes the ability to communicate in numerous forms with virtually anyone, anywhere, at any time. Because of this recent technological trend, people are more prone to open themselves up to a greater degree of liability as it pertains to their communications. In other words, we as a society need to really watch what we say within the realm of texts, emails, and social networking sites as said communication could be held against us in a court of law.
 

Practically everyone, including their mothers (and grandmothers) are on Facebook. Facebook is currently the holy grail of the social networking sites and people post everything on there from how tired they are to how much they enjoy chocolate. Due to its public nature, people don't often realize that when they post their dirty laundry on other peoples "wall," said communication can be taken and interpreted out of context. When parties, such as bickering spouses enter litigation in Family Court, these prior communications can come into play and may prove to be at the detriment of the deponent. More often than not, what people post on sites such as Twitter, Facebook, and MySpace is meant to be taken in jest. However, on its face, the posts could be interpreted differently and the deponent often has an uphill battle in demonstrating the appropriate context in which it was meant to be taken.

 

Within the last few years, the concept of text messaging has really become popular within the world of communications, so much so that people often text one another when they are in the same room! This is another area where the information provided within the confines of a text could be drastically misleading and misinterpreted. If one goes through the right channels, a transcript of text chats can be obtained and are often submitted in court as evidence during trial. These types of transcripts do not always hold up under scrutiny, but one should be careful when posting on Facebook and similar sites in order to avoid such hassle.
 

So the next time you text a friend, co-worker, or family member, be sure that it is appropriate and within the boundaries of the law. Some texts can come back to haunt you. Just ask Brett Favre and Tiger Woods.
 

Martin A. Carbone, Esq.

www.carbonelawyer.com

Running Red Lights in the Capital Region

Now, more than ever before, it is important to know what a right light ticket may cost you in the Upstate NY region. At the bottom of this article, you will find the breakdown of what you are going to pay if fined for taking the risk of running a red light.

It seems that in Albany, NY lately, imparticular, we have been seeing an influx of traffic infraction tickets needing representation through our lawyers at CarboneLawyer.com. Most currently, many of these have been red light runners, more so than, say a year or so ago.

This increase in a particular type of ticket that we see coming across our desk sometimes means that there is a crackdown by police to stop this particular offence form happening, and to let commuters know that our city “means business” when it comes to drivers ignoring something like traffic signal devices. It is possible that the surfacing of a video and a number of articles at The Times Union have prompted this change.

A prominent local businessman was recently trying to teach his four-year-old what the red light means to a driver, and found that many drivers were ignoring it altogether. He then found that in areas around Washington Park and around Lark Street, it was very very easy to shoot iphone videos of drivers who look at red lights as becoming as he says, “merely suggestions.”

FINES & PENALTIES FOR RUNNING A RED LIGHT IN NYS
If your red light ticket was written by an officer, it is considered a, “traffic infraction.” This generally means that a strike will go on your driving record with three points against your license, and it also means that you get “the gift that keeps giving,” as a raise your auto insurance bill. The actual dollar fine amount is calculated depending on where you were ticketed and whether it’s your first offense of not. Drivers ticketed in a city with a million or more inhabitants generally follow this scale:

$100-300 for the first offense
$200-$500 for the second offense in 18 months
$500-$1000 for the third offense in 18 months

However, if a driver is ticketed in a smaller populated area in New York State, they follow the fines according to this scale:

$50-100 for the first offense
$100-$200 for the second offense in 18 months
$250-$400 for the 3rd offense in 18 months

CAUGHT ON CAMERA - Just for the record, if you get a ticket from a red light camera somewhere in New York State, the infraction itself is treated somewhat differently because it is somewhat difficult for the prosecutor to actually prove who was driving. Therefore, a red light ticket issued from a camera is currently actually more like a parking ticket. As the registered owner of the car, you are responsible for the violation, but all you have to do is pay a fine of $50, plus any court costs and penalties. The ticket also doesn’t, at this time, appear on your driving record or cause your insurance rates to go up.

For more information on this topic, please visit www.carbonelawyer.com

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

Dividing Martial Assets Upon Divorce

When getting a divorce, one of the first items of business that comes up is "who gets what" in terms of martial assets. As with most issues in the wonderful world of law, it all depends.

Typically speaking, when a couple goes through a divorce, the assets, known as marital property, get divided as evenly as possible. The issue then becomes what assets are considered "marital."

A marital asset is any piece of property, including, real, personal or monetary that was acquired and cultivated throughout the course of the marriage. Examples include the marital home, vehicles, bank accounts, and other personal property such as furniture, electronics, etc.

When entering a divorce, the parties may elect to divide up the marital assets any way they so choose. If one spouse elects to let the other have everything, including the kitchen sink, they may do so. If, however, one spouse wants the other to get nothing based on allegations that one spouse earned most, if not all the money in the relationship or if they simply feel that the other spouse does not deserve a fair share of the marital assets, this is where equitable distribution comes into play. Simply because one spouse was the primary bread winner and also put forth the lion's share of effort in terms of making said assets prosper does not cut the other spouse out of his or her fair share of the martial property.

If a couple cannot come to terms on how to adequately sort out the distribution of martial assets, the logical step would be meditation. If mediation does not lead to an agreeable solution, the parties then can file for divorce in New York Supreme Court. Here, the parties will contest their issues in front of a judge who will ultimately decide on who gets what through the trial process.

For additional articles and information on matrimonial matters, please visit www.carbonelawyer.com

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

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/