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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21414
Experience:  20 years of experience practicing law.
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My son has a New York City Conditional license that requires

Resolved Question:

My son has a New York City Conditional license that requires an interlocke device. While visiting a friend in Pennsylvania, his friend requested that he test drive a car she was purchasing in from a dealership. While test driving, he was pulled over by a police officer for speeding (15 mph over limit). In the car was his friend and the dealer Rep. He was not finger printed or arrested. He was handed a speeding ticket that also reads "NY conditional license" in comment section. He reports he did not know the speed limit nor did he know he was speeding. He is concerned that this may result in a probation violation (NY) and his license may be revoked. What should he do?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello

I am an attorney wiht more than 25 years of experince and I look forward to providing information to you in this regard

I suggest that it could be a violation of his probation. However, it is always a good idea to plead not guilty. The state has the burden to prove that he was in violation of his probation.

I suggest that he will want to consider advising his PO of this ticket because it will appear on the POs ticker and the PO will know. I suggest it is always good to tell the PO before they get the notification from the court

Customer: replied 1 year ago.
My son is serving probation in New York City. The ticket was received in Pennsylvania. I was advised by a friend who is a probation officer that he should not inform his probation officer because he was not arrested. He advised that he should plead not guilty with the hope that an attorney may argue the ticket to a lesser. Will the Pennsylvania Magistrate know that his conditional license required an interlocke. If so, can what can happen?
Expert:  Sam replied 1 year ago.
Hello

The magistrate will not know - but may ask why conditional. And, of course, under oath the truth should be told

I fully understand what your friend the PO said - and now you have both sides of the story and can make an informed decision

I suggest that if your son is not supposed to be driving any vehicle that is not equipted with interlock, then the PO is going to find out.

Customer: replied 1 year ago.
I understand the truth has to be told under Oath. Once the truth is told, will there be an additional penalty in the State of PA? Is this a situation that can be won with the support of an expert Attorney. My son understands his stupidty. Prior to this incident, my son has not driven a vehicle in over two years. He is devastated. At this time, he is driving a vehicle with an interlocke. Is there any chance that an expert attorney may be able to support thus avoiding the negative?
Expert:  Sam replied 1 year ago.
Hello

I am not here to judge anyone and certainly I am sorry your son is in this situation.

The PO will be notified of any ticket, charge, arrest and that is when it will be up to the PO to determine if he should file a violation on his probation. The PO does not have to and because the sales rep was in the car and this was a test drive it is very possible the PO will be able to discern that your son was not out Partying

If you want to consult with a local PA attorney about a violation, I suggest it is not going to help. The PO has the autonomy to violate or not. But if your son is found not guilty in NY and it is because there was a test drive, I suggest the PA probation may not be violated or terminated as long as your son has been in full compliance with the terms and conditions
Customer: replied 1 year ago.
I appreciate your patience. My son is on probation in New York. The incident happened in the State of Pennsylvania. He has to respond to the ticket in that state. We are going to hire an attorney to fight the speeding ticket. Should he request that his friend serve as a witness indicating it was her request that he test drive her car. Should we provide paperwork from the dealership as evidence? Is the Magistrate Office responsible for informing the New York City Probation Department if he is found guilty?
Expert:  Sam replied 1 year ago.
Hello

I apologize for inadvertently criss crossing the states. And I appreciate you understanding I meant NY probation and not PA - but the answer is the same based on your facts

I suggest he will want his friend to be a witness, as well as the sales rep who can write a letter as an affidavit that it was a test drive.

The information from PA will go into a database and the NY Probation dept will be notified.
Customer: replied 1 year ago.
I am carefully reading your responses. To conclude, you are recommending that his friend serve as a witness and that the dealership provide an affidivit to verify that he was test driving a car. The mentioned will hopefully help. I appreciate your responses. Are you familiar with any cases similar to this one? If so, what was the final?
Customer: replied 1 year ago.
Relist: Incomplete answer.
Waiting too long for a final response.
Expert:  Sam replied 1 year ago.
Hello

Yes, that is my suggestion. He will want testimony to support his defense

If you mean Case Law - I cannot provide that for you

If you mean have I had cases like this yes. All the time.
Customer: replied 1 year ago.
Where they success cases? In addition to the testimony you recommended, is there any other suggestions?
Expert:  Sam replied 1 year ago.
Hello

Successful depends upon the situation. It is all relative. So yes, my cases are always successful

It is important that the PO in NY know that this was not a joy ride. He was not out partying and so while the Girf friiends testimony is going to help it will be the Sales Rep who will be imperative.

Also, I apologize for any delay in response to your follow ups. I am typing as fast as I can. Thank you for your patience.
Customer: replied 1 year ago.
Please accept my apology. This situation has been very upsetting to us all. Do you recommend that he inform his probation officer prior to/or after the court decision. What does an expert attorney charge for representation in this situation? What qualifications should I be looking for?
Expert:  Sam replied 1 year ago.
Hello

I suggest he consider telling the PO before because either way, the PO will be notified.

I would suggest that an local PA attorney might charge $1000 or so to fight the ticket.

You will want an attorney who tells you they can get the matter totally dismissed. And can show you cases where they have done that.

As I said, the fact that your son does not get a conviction in NY will have no bearing on whether or not the PA Probation Dept files a violation. That can be done on a preponderance of the evidence meaning a simple ticket. They do not have to reach the standard of Beyond A Reasonable Doubt
Customer: replied 1 year ago.
I dont understand how the PA Probation Dept. is involved if he is on probation in NYC. Do you practice in the State of PA. If not, can you recommend an attorney that specializes in this type of situation?
Expert:  Sam replied 1 year ago.
Hello

Because it is possible that he will get probation in PA. But also the NY PO needs to know and I suggest the sooner the better

If you want a local attorney either in PA or NY, I suggest the best place to begin is with the Bar Association in the respective states and they can provide a Referral Service.

I cannot represent or give advice. I can only give information
Customer: replied 1 year ago.
I dont understand why he would get probation in PA on this case. Is there a possibility that he may be arrested?
Expert:  Sam replied 1 year ago.
Hello

Only if he would not appear in court. And he could get a probation because he was driving on a conditional license and once the reason for the conditional comes to light, the court can impose a fine and also a probaion in PA. Of course, it may not come down that way.

I suggest that the best thing for your son is to consult with a PA atttoney to help to get the ticket dismissed - they may involve a probation period - it would be a deal with the DA. I mean he was speeding. Regardless of the llicense

I further suggest that the sooner the better he tell his NY Probation Officer about the ticket. The PO is going to find out - and it will behoove your son to not appear to be hiding anything

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21414
Experience: 20 years of experience practicing law.
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