Q. The office gave me a ticket for 89 mph in a 55. The case is at the Southampton Town Court. I just want to plead guilty.
A. You should not plead guilty to this ticket. 89 mph in a 55-mph zone is an 8-point violation. At 11 points your license gets suspended. In addition to the fine and surcharge imposed by Southampton Town Court and increased insurance premiums, motor vehicles will impose an additional driver assessment fee of at least $450. By retaining me as your attorney you would save points, the $450 driver assessment fee, and any license problems that pleading guilty might lead to.
Q. My friend referred me to a NYC firm to handle a case at the Southampton Town Court. Now my license is suspended. Can you handle my case?
A. Unfortunately I do not accept cases started by other attorneys.
Q. My 17 year old daughter received a speeding ticket on Sunrise Highway in Hampton Bays. The officer has her going 81 mph in a 55-mph zone. She pled guilty and now received a letter from DMV saying her license is going to be suspended next month for 60 days. Can you help her.
A. Yes, if your daughter received a letter saying she is going to be suspended for 60 days, she must have had a probationary license at the time she was pulled over. If you receive a speeding ticket while you are probationary, and are later convicted of that ticket, your license will be suspended for 60 days. I should be able to file papers to vacate the plea and have the ticket reduced so that it does not affect her license.
Q. I am going to hire a lawyer. Should I first plead not guilty and then hire a lawyer after I receive a court date?
A. Generally, I prefer to answer the tickets on behalf of my clients, this way I know the ticket has been answered correctly. Also, included in my plea of not guilty is a request for documents from the court, some of which are time sensitive.
Q. I was charged with Driving while intoxicated in Southampton Village. The paperwork said to go to the Southampton Village Court, 151 Windmill Lane, Southampton however I just found out my case was transferred to the Riverhead County Court. Do you know why?
A. That fact that your case was transferred from the Southampton Village Court to the Riverhead County Court, means you were indicted on a felony charge. Most likely felony DWI. Many DWI cases start out at the Southampton Village Court or the Southampton Town Court, however upon indictment they are transferred to the County Court in Riverhead.
Q. How many points do cell phone tickets carry?
A. Both cell phone tickets and tickets for using a portable electronic device carry 5 points.
Q. What is a New York State Driver Assessment Fee and does everyone have to pay it if you are convicted of a ticket?
A. The New York State Drivers Assessment Fee is a fee imposed by motor vehicles in addition to the fines and surcharges imposed by the court. Anyone who accumulates 6 or more points in an 18-month period is required to pay a driver’s assessment fee. Motor vehicles looks at the dates of violation, not the date of conviction when determining if a driver’s assessment fee needs to be paid. The amount starts at $300 for 6 points and goes up with the amount of points. Also New York State also imposes a $750 driver assessment fees for those who are convicted of an alcohol-related or drug-related traffic violation, or if it has been finding that you refused a chemical test. The driver assessment in this situation is $750.
Q. I went to trial by myself and lost the case. Can you help?
A. Unfortunately I do not accept cases that already went to trial and lost.
Q. What is the best way to get in touch with you?
A. My office phone number is (631) 665-2200, or you can email me at GaryMillerLaw@aol.com, or text me directly at (631) 624-4000. Most of my day is spent in court where I cannot make phone calls, however if you email or text me, I am generally able to get back to you quickly.
