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Questions & Answers

Q. How long have you been doing this?
A. I have been practicing law in New York for nearly 25 years.


Q. How many cases have you handled?
A. I have handled over 12,000 cases.


Q. Can I pay a fine online?
A. sometimes fines can be paid online depending on the courts. Tickets returnable to the Traffic Violations Bureau can be paid online. You should check with the court where the fine is due to see if they can be paid online.


Q. If I hire an attorney, do I have to appear in court?
A. Usually it is not necessary for my clients to appear in court on speeding tickets and most traffic violations. Cases involving misdemeanor charges usually will require your appearance in court. Cases involving driving while intoxicated will require your appearance.


Q. The office gave me a ticket for 86 mph in a 55 mph zone.  I am guilty of it. Should I just plead guilty?
A. You can, but it is not recommended. That is an 8 point violation. If you accumulate over 10
points on your New York license within an 18 month period, your license will be suspended by
The Department of Motor Vehicles. Also in addition to the fine and $85 surcharge imposed by the court, the DMV will impose an additional driver assessment fee of at least $450. That does not even factor in increased insurance premiums for having an 8 point speeding ticket on your license.


Q. I went to the Nassau County Traffic and Parking Violations Agency in Hempstead, NY on my own for a speeding ticket. This may have been a mistake because the judge gave me a $1000 fine and suspended my license for 1 year.
A. You either had a high speed, or a bad driving record. In either case you should never have walked into that court without an attorney.


Q. I was issued a speeding ticket. I plead guilty by mail. A few days ago I received a letter in the mail that my license is going to be suspended. Can you undo this?
A. That would depend on the court that the ticket was returnable to.  In some courts I am able to vacate a plea of guilty.

Q. Do you have any references?
A. There are a number of reviews out there on the internet. Many reviews can be found at the attorney directory Avvo.com. All attorneys licensed to practice law in the State of New York are listed at that site. My review page at Avvo.com can be found at this link. I have a 10 out of 10 Superb rating with the Avvo.com. I have also been awarded a BV distinguished rating from Martindale Hubble.


Q. I am going to hire a lawyer. Should I plead not guilty and then hire a lawyer after I get a court date?
A. There are advantages to retaining a lawyer early in the process. If you plan on retaining an attorney, and you have not mailed the ticket in yet, you should retain the attorney first.


Q. Do cell phone tickets carry points?
A. As of July 12, 2011 New York Cell phone violations carry 3 points.


Q. What is a driver assessment fee?
A. The New York Drivers assessment fee is an additional fee imposed by NYS DMV on top of the fines and surcharges imposed by the court.
If you accumulate 6 points on your New York Driver’s License within an 18 month period, determined by the date of violation, the drivers assessment fee is $100 per year for 3 years (total $300). The assessment fee increases $25 per point per year for 3 years (total $75 for each additional point).
Also if you are convicted of an alcohol-related or drug-related traffic violation, or if it has been determined that you refused a chemical test, the annual assessment is $250 for 3 years. The total assessment for the three years is $750.

Q. What is the best way to contact you?
A. You can reach me at (516) 489-3600, email me directly at GaryMillerLaw@aol.com, or text me at (631) 624-4000. I am in court most of the time however I always have my Iphone on me. If you email me or text me, I will get it immediately.

Q. A man that works for me went to the local village court for a ticket for operating a vehicle without a license. The judge placed him in jail? I thought driving without a license is only an infraction.
A. Driving without a license ( VTL 509.1 ) is an infraction however a village court judge can impose a sentence of jail upon conviction of the charge. A judge can also place bail on you when just appearing before them without even pleading guilty to the charge. This has been the recent trend in some courts in New York, particularly when there are prior convictions for driving without a license on your record. This happens quite often at the Nassau County Traffic and Parking Violations Agency in Hempstead, NY and at the Freeport Village Court to name a few. If you have been charged with driving without a license you should retain an attorney familiar with the court that the ticket is returnable to.