Many people think that it’s safe to ignore a traffic ticket they received in a state where they don’t live. However, this is a mistake; states report traffic tickets to one another, and the consequences of an out of state ticket can follow you home. If you’re an out of state driver and receive a ticket in New York, you should strongly consider hiring an attorney to fight the ticket.

WHAT HAPPENS IF I’M AN OUT-OF-STATE DRIVER AND GET A TICKET IN NEW YORK?

All but six states participate in an agreement called the Driver’s License Compact. That means they share information about traffic violations with one another, and offenses in one state get reported to a person’s home state. If you’re convicted of a traffic offense in New York, it will show up on your home state’s driving record. At the very least, that means your car insurance payments will go up. Your home state might put points on your driver’s license for traffic violations in New York, and if the offense was severe enough, you might even lose your driver’s license.

Even if your state doesn’t participate in the Driver’s License Compact, it still likely has laws about out-of-state traffic convictions. New York reports traffic violations to all other states, even if they aren’t Compact members. For more information, visit traffictickets.com. Regardless of where you live, you can lose your driving privileges in New York for failure to pay a traffic ticket.

WHAT SHOULD I DO IF I GET A TRAFFIC TICKET IN NEW YORK?

If you get a traffic ticket in New York, you should consult with a New York traffic lawyer for help. The consequences of a ticket will almost certainly follow you home, so it’s not a good idea to plead guilty without checking with a lawyer first. The lawyers at Rosenblum Law have a lot of experience with New York traffic law, and we can get you the best outcome possible for your case.

Sometimes, it’s hard to tell the difference between exercising your rights and unlawfully interfering with the police. Unfortunately, if you end up on the wrong side of that line, you can be charged with obstruction of justice. Being convicted of obstruction of justice can lead to jail time and a criminal record, so make sure you find an attorney if you’re charged with obstruction.

WHAT IS OBSTRUCTION OF JUSTICE?

New Jersey law defines Obstruction of Justice as any purposeful interference with police or prosecutors by means of flight, intimidation, force, violence, physical interference, or an independently unlawful act. This definition is a broad one, so many actions fall into it. Common examples of obstruction of justice include lying to or threatening police, fleeing from police, hiding evidence, or refusing to let the police search a building if they have a warrant.

PENALTIES FOR OBSTRUCTION OF JUSTICE

Depending on the severity of an offense, obstruction of justice can be charged as a disorderly persons offense or a fourth-degree crime. If charged as a disorderly persons offense, obstruction can lead to up to 6 months in jail and a $1,000 fine. The fourth-degree crime version of obstruction can lead to up to 18 months in prison and a $10,000 fine. Regardless of which version is charged, being convicted of obstruction means you’ll have a criminal record, which makes it harder to find a job, housing, or financial aid.

HOW DO I BEAT OBSTRUCTION CHARGES?

The best defense depends on the specific facts of your case. You have certain constitutional rights, like the right to remain silent and the right to be free from unreasonable searches and seizures. You can’t be convicted if all you did was exercise a constitutional right. Another defense might be that the police were acting unlawfully. A lawyer can analyze the facts of your case and figure out what the best defense is in your situation.

WHAT SHOULD I DO IF I’M CHARGED WITH OBSTRUCTION OF JUSTICE?

If you’ve been charged with obstruction of justice, contact Rosenblum Law for a free consultation. Our phone number is on the screen. We’ll be sure to answer your questions, provide you with a fee quote so you know how much representation will cost, and walk you through the process from beginning to end.

New Jersey has one of the highest costs of living in the country, and that cost keeps going up. Even in normal times, it can be hard to keep up with your expenses. And now, with millions out of work, it’s no surprise that so many people are drowning in debt. Fortunately, the law provides a way to clear debts and get a fresh start: bankruptcy. If you’re thinking of declaring bankruptcy, you should talk to an attorney to go over your options and determine what the best way forward is for you.

What is bankruptcy?

Bankruptcy is a legal procedure designed to give individuals, married couples, and businesses a fresh start by allowing them to discharge their debts. The law recognizes six types of bankruptcy, called chapters, but Chapter 7 and Chapter 13 are the ones used most commonly by individuals and couples while Chapter 11 is the one most commonly used by businesses.

In a Chapter 7 bankruptcy, most of your assets are handed over to a court-appointed trustee, who then sells them and divides the proceeds among the person’s creditors. After that, your debts are wiped out. A Chapter 13 bankruptcy allows you to put together a repayment plan. Under Chapter 13, you pay any income you earn above what you need to support yourself and your family toward your creditors for 3-5 years, and then your debts are discharged. This option lets you keep your property.

Chapter 11 is similar to Chapter 13, but it’s normally used by businesses instead of individuals or couples.

What are the pros and cons of bankruptcy?

Bankruptcy can be a good option if your debts are much more than you can pay, but it has its downsides. Not everyone can file for bankruptcy; if you have enough money to pay your debts, you can’t file. If you’ve filed in the last seven years, you can’t file again. Even if you can file, bankruptcy can have a negative impact on your credit score. In some cases, you might be better off negotiating your debts with your creditors instead. Finally, some debts, like student loans and luxury purchases, can’t be discharged in bankruptcy.

If you have more debt than you can handle, contact Rosenblum Law today for a free consultation. Our experienced attorneys can advise you on whether you should file for bankruptcy or try a different strategy, and figure out how and when to file for bankruptcy if necessary. The bankruptcy code is complicated, so having a good attorney to advise you is critical to keeping as much of your income and assets as possible.

Driving While Intoxicated, also known as a DWI or DUI, is one of the most severe charges a New York driver can face. Not only can a DWI conviction lead to fines, jail time, and suspension of your driver’s license, but it will also lead to a permanent criminal record. For that reason, you should make sure you’re represented by an attorney if you face DWI charges.

WHAT IS A DWI?

New York law defines a DWI as driving with a blood-alcohol content of 0.08 or higher. New York also has a zero-tolerance law for underage drinkers, meaning anyone under 21 can be found guilty of a DWI if they have a blood-alcohol content of 0.02 or higher. Although the law refers to blood-alcohol content, a person can also be convicted of a DWI if they display evidence of impairment, such as slurred speech, erratic driving, and bloodshot eyes, even without a breath or blood test.

WHAT ARE THE PENALTIES FOR A DWI?

The penalties for a DWI vary based on blood-alcohol content and whether it’s a first offense. Even for a first offense at .08 blood-alcohol, you face fines and fees from $560-900, up to 15 days in jail, and a driver’s license suspension of up to 90 days. Penalties only go up from there; more intoxicated or repeat offenders can get fines up to $10,000 and years in prison.

Additionally, any DWI will result in higher car insurance premiums and a criminal record. A criminal record will make it harder for you to find a job, housing, or credit, and it can also impact your immigration status. Bottom line: you don’t want to be convicted of a DWI.

HOW DO I BEAT A DWI CHARGE?

Depending on the specifics of your case, there are several defenses we can use. The most common defense is checking whether the breath test was properly calibrated and if police followed protocol. If not, the charge can be thrown out. Another defense is if the police didn’t have probable cause to stop you in the first place. If they didn’t, all the evidence from the traffic stop, including any breath test, has to be thrown out, which usually kills the prosecutor’s case. These are both very technical arguments, and you’re better off if you have an experienced lawyer to make them for you. 

WHO SHOULD I CONTACT IF I’M CHARGED WITH A DWI?

If you’ve been charged with a DWI, you need an experienced traffic attorney to represent you. Contact Rosenblum Law today. We have a strong track record of helping New York drivers beat DWI charges, and we’ll fight our hardest to get you the best possible outcome.

One of the more serious traffic offenses in New York is driving with a suspended license, or Aggravated Unlicensed Operation (AUO). AUO is a criminal charge, and the most extreme version is a felony, so you can’t afford to take it lightly.

WHAT ARE THE PENALTIES FOR AUO?

AUO comes in three degrees. Third-degree AUO is any time a person knowingly drives with a suspended license. It’s a misdemeanor charge that can result in fines between $200 and $500 and up to 30 days in jail. You can be charged with second-degree AUO if you have a third-degree conviction in the last 18 months, your suspension was based on a chemical test refusal (like a breath test), or having 3 or more suspensions. Second degree is also a misdemeanor, and it can result in fines between $500 and $1,000 and up to 180 days in jail.

First-degree AUO is a felony. It comes up in connection with driving while intoxicated or having 10 or more suspensions. First-degree AUO can result in fines up to $5,000 and 4 years in prison.

Regardless of the degree, being convicted of an AUO will cause your car insurance premiums to increase by up to 40% and will leave you with a criminal record, which will make it harder for you to find a job, housing, or credit. These are severe consequences, so you should make sure you have a lawyer to fight the charge or negotiate it down.

HOW CAN I BEAT AN AUO CHARGE?

The best defense depends on the facts of your case. You can only be convicted of an AUO if the prosecutor can prove that you knew your license was suspended, so the defense we succeed with most is proving that you didn’t know. Your license can be suspended for a lot of reasons, some of which don’t have anything to do with your driving, and if you didn’t receive notice, you can’t be convicted of AUO. Another defense that can work is if the traffic stop that caught you driving while suspended was unconstitutional. If the stop was unconstitutional, we can get any evidence from it thrown out. In some cases, we can also negotiate the charge down to something less serious. 

WHAT SHOULD I DO IF I’M CHARGED WITH AUO?

AUO is a very serious charge, so make sure you hire a lawyer to defend you. At Rosenblum Law, we’re experienced in dealing with all sorts of traffic offenses, and we’ll fight our hardest to get you the best outcome possible. Our contact information is on the screen and at the bottom of the page.

Although the drinking age is 21 all across the country, many people do not wait until they turn 21 to start drinking. When an underage person is caught drinking, they can be charged with a crime. Although underage drinking is common, both the kids and those who supplied them with alcohol can face serious penalties.

WHAT IS UNDERAGE DRINKING?

New Jersey law prohibits anyone under 21 from purchasing, drinking, or possessing an alcoholic beverage in a public place, motor vehicle, or school. This means that it’s illegal for anyone under 21 to possess even unopened drinks. Adults who knowingly provide alcohol to underage people can also be charged with a crime.

PENALTIES FOR UNDERAGE DRINKING

Underage drinking is a disorderly persons offense that carries a fine of $500-$1,000 and can lead to up to 6 months in jail. Although jail time is unlikely, anyone convicted of underage drinking is guaranteed at least $500 in fines. Additionally, anyone over 18 but under 21 will have a criminal record, which makes it harder to find work, housing, and financial aid. Even those under 18 will end up with a juvenile record, which can have an impact on work or college admissions. Some colleges kick students out or revoke their scholarships over underage drinking convictions.

UNDERAGE DRINKING DEFENSES

The law against underage drinking has a few exceptions that can be used as defenses. The law does not prohibit underage drinking on private property with parental consent. People under 21 are allowed to serve alcohol as part of their job. The law also contains a good samaritan exception that protects underage drinkers who call 911 to get medical help for another. As always, the best defense depends on the facts of your case. It may be possible to negotiate with the prosecutor to plead guilty to a lesser offense and avoid a criminal conviction.

WHAT SHOULD I DO IF I OR MY CHILD HAS BEEN CHARGED WITH UNDERAGE DRINKING?

If you or your child has been charged with underage drinking, contact Rosenblum Law for a free consultation today. We’ll answer your questions, provide you with a fee quote so you’ll know what representation will cost, and walk you through the process from beginning to end.