FAQ - Gina Wicik Law Office

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What is the difference between an improper cell phone use ticket and an electronic device ticket in New York?

While both tickets carry five points if convicted they are quite different. Improper cell phone use means that you were actively engaged in a telephone call on a cell phone while your vehicle was turned on and in motion. An electronic device ticket can range from anything from a cell phone, to an ipad to an electric razor. It can be anything electronic. Most commonly, electronic device tickets are issued if the officer believes you were texting or manipulating your cell phone or GPS.

Can I be arrested for Driving without a license?

In short, yes. If you drive a vehicle you must have a valid license. An expired license does not constitute a valid license. If you are pulled over and the officer runs your license and find out it is expired or suspended or you simply do not have a license, he can issue you a summons or he has the ability and authority to arrest you for a misdemeanor in the State of New York. It is imperative that if you’re on the road you are licensed, registered and insured.

What is the NYS Driver Responsibility Assessment Fee?

The assessment fees for drivers involved in non-DWI traffic violations trigger when there is an accumulation of six points on your driving record within 18 months in which you will incur a $300 assessment. The amount goes up $75 for each additional point over six. This fee can be paid right away or over the course of three years, however, if you do not pay it, your license will be suspended.

Can I get a conditional license in New York if I am charged with a DWI?

In most circumstances, New York does allow you to obtain a conditional license after a first time DWI conviction as long as there is not a refusal. A conditional license grants you limited driving privileges.

What is aggravated DWI in New York?

If you blow above a .18% you could be charged with aggravated DWI, which carries much harsher penalties than a DWI.

 

What if I miss my court date for my traffic ticket?

If you miss your court date, it could lead to a license suspension and in some cases a bench warrant may even be issued.

 

What should I do during a DWI stop?

You should always comply with handing the officer your identifying information. Politely decline a search of your vehicle, and decline to answer any questions without a lawyer present. You may decide to refuse field sobriety testing. The results may serve to weaken your case. If you refuse chemical testing, you may request blood test instead.

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