Legal Question in Traffic Law in New York
learner permit holders liability
i am a student driver driving at night for my first time on a two way street. i pass a sign warning that the street becomes one way however being a new driver -driving in the dark- i failed to see the sign. unfortuntly a cop car was there to see my mistake! the cop gave me not 1, but 2 tickets! (1- driving the wrong way on a one way street 2-broken taillight) so i have 2 q's:
1 am i responsible? is it worth even taking to court? will they revoke my permit?
2 i am a student learning over seas i must get back to school soon, can i get a quick court date?
1 Answer from Attorneys
Re: learner permit holders liability
Please be reassured that, however upsetting this is now, when you get your senior license, this will barely be remembered. Its important, but only important in the immediate future, not your life.
I think your question is: because you were driving under the authority of an accompanying adult, you may not be responsible for the errors made. Is this correct?
And 2nd, how soon can this be cleaned up?
You are responsible for all driving decisions and actions made while you are behind the wheel. It stinks, but that is the law. On an aside point, the policeman could have charged the adult with a variety of crimes under the Penal Code. (The DA would not prosecute such charges, but that is another issue).
You are even responsible for the broken tail light!
But you can fight the charges and get a 'conditional discharge' (that would be a 'win').
Regarding speedy-trial, if you have responsibilities elsewhere for a period of time then you may explain this to the court and get an arraignment date in December or June. They will work with you on this point. But you must initiate the petition.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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