Legal Question in Traffic Law in New York

My DL was suspended without me knowint it. Can I be dismissed of charges?

I'm a non U.S resident, a tourist using a foreign DL. I got a ticket for a seat belt, which I tried to fight. I never got the summons to court, did not show up, and eventually had my DL suspended (yes, the foreign). During all this time I was out of the U.S. When I returned, I was pulled over, and arrested for driving while my DL was suspended (Sec. 511, auo3rd). I was not read my rights, and not offered to talk to a counsellor. I got a D.A.T and have to see the judge soon.

I have no criminal record in here, and no driving record.

Since I'm a foreigner, weren't the letters supposed to be sent in special service ( I didnt get ANYTHING)? Can the D.A dismiss the charges before we go to court? how?

What should I do to be found not guilty in court? having my background and me beeing out of the country, was I ''having reason to know'' of the suspension? and is the scond ave. in Manhattan applies for a ''Public Highway''?

Thank you very much for you patient,

A confused lawyer tourist, determined to fight this


Asked on 6/24/06, 5:19 am

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: My DL was suspended without me knowint it. Can I be dismissed of charges?

When you fail to respond to a traffic summons or fail to appear at a hearing you have your license and driving privileges suspended in New York. It is your responsibility to keep track of these events. The arrest for VTL 511 is proper. I can help you resolve the matter without you sustaining a criminal conviction perhaps . Please call my office @ seven,one,eight,eight,three,four,zero,zero,eight,seven with more information and I will advise accordingly .This phone consultation is free of charge.

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Answered on 6/25/06, 10:09 am

Re: My DL was suspended without me knowint it. Can I be dismissed of charges?

Generally, a summons is not mailed; it is handed to you by the police officer at the time you are pulled over. You can probably resolve these cases in a way that is favorable to you. I am a former A.D.A. and I now practice criminal defense. Please feel free to contact me if you would like to discuss your case.

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Answered on 6/24/06, 8:20 am


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