We Can Help You Fight The System: Know The Law
Are you the owner or a driver of a truck that was issued a summons for a Criminal Court Appearance located at 346 Broadway in Manhattan, 120-55 Queens Blvd. in Kew Gardens, 120 Schermerhorn Street in Brooklyn or in the Bronx? These Criminal Courts are arraignment parts. On your ticket you will see "SAP" which means Summons Appearance Part.
If the owner of the truck is a corporation, you will need to have a lawyer appear in the case if you plead "not guilty" or try to reduce the fine through a plea arrangement. One attorney who has experience in this area is Richard A. Solomon, the author of "Winning in the New York Small Claims Courts," featured by the New York Times.
Every day the New York City Police Department and other agencies including Specialized Truck Enforcement Units issue summonses for the following types of violations: overweight without a permit, over-width or over length, violating the terms of a permit, failure to have escort vehicles or red flags, failure to have an IFTA sticker, failure to conduct a daily inspection , brake or other equipment failures, leaks, missing or broken lights and signals, and failure to have certain safety equipment such as fire extinguishers. "Off Truck Route" is another violation regularly issued by the Police.
The Law
There are more serious charges such as an unsecured load which are very difficult to defend due to the serious nature of the violation and the policy of the Courts to protect the health and safety of the public.
The New York State Department of Environmental conservation also issues summonses for truck violations for offenses regarding diesel emissions.
If you decide to challenge the tickets, or try to obtain a plea agreement, you must provide your attorney with the necessary documents to bring into court to either show that a repair or correction was made, or that the violation did not exist at the time the summons was issued.
Photographs are useful too. For example, trucks are required to post the name and address of the owner on the side of the vehicle. Some trucks are required to post their DOT number on the side of the truck as well.
After a violation is issued and the appropriate lettering or DOT numbers are posted, you may wish to take a photograph to show that the repair was made to supplement your paid invoice as solid evidence of compliance.
The more evidence you provide to the lawyer, the easier the Court process should be.
Obviously the best way to fight a ticket is to prevent the problem from occurring, but we live in an imperfect world, and we must face the fact that all the aggressive truck enforcement out there is motivated by the government's incentive to collect fines.
Some interesting facts about the New York Criminal Courts and truck related fines:
Criminal Court trials on these issues can be very expensive and time consuming. Even with very strong evidence, no lawyer can (or should) guarantee the outcome of a criminal trial. Most attorneys would recommend a plea agreement over a trial under most circumstances.
If you plea to a lesser offense you are required by the Court system pay the fine in the same day.
Online help:
To review a blank retainer agreement, click here.
To review a listing of client's rights or a listing of client responsibilities, click here.
To visit the DMV website, click here.
For NYC government assistance, please call 212-New-York, available for free every day, all day.
To determine when your case will be on the Court Calendar: click here to visit the New York State Office of Court Administration website; available for free every day all day at www. nycourts.gov.
When visiting the nycourts.gov website, click on the following to find your case: Ecourts (bottom of the home page), future court appearances (left side of the page), webcrims (Sign in as a guest and type in the defendant's information)
Contact
To contact Richard Solomon, Esq. click here to fill out a pre-printed form.
Information that you must provide in this form in order to begin the evaluation process:
The number of tickets issued, the appearance date, a confirmation that the appearance is to be made at an "SAP Part" located at 346 Broadway in New York or the other locations (not Staten Island at this time), the violations specified on the ticket along with your day and evening contact information. You will not be represented until a signed retainer letter is signed by the Corporation's Chief Executive and by Mr. Solomon and there is a absolutely clear understanding of the scope of work to be performed and the associated fees and costs.
Due to the imperfections of email due to spam filters and other technical issues, if you do not receive a reply within 48 hours, please re-send the request. Generally the appearance date is set for a date that is weeks (if not months) after the ticket is issued. Due to a very active appearance calendar, please do not wait until a day or two before the Court date to send your contact information as it will be impossible to process it in a timely fashion.
If you need an adjournment, please appear in person and ask for an adjournment. In the rare circumstances where you cannot appear to ask for an adjournment and cannot send a reliable person from your business on your behalf, contact a process service company. We recommend Empire Process Service 718-449-5300 but there are many to chose from.
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