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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a question regarding driving licence and traffic tickets.

Customer Question

I have a question regarding driving licence and traffic tickets.
I have a NJ license. In 2005 and 2007 I got 3 moving violation tickets in NY which resulted in 6 points total on my NJ license ( by the time I recieived third ticket in 2007 I had only 1 point on my license). So they were all out of state. I paid the tickets to NY and thought I was done with it. Recently Jul, 2013 I was stopped for no seat belt in brooklyn. Cop issued a ticket. I was going to pay it on line and I could not because I was required to apiar in person. I called NYC traffic violation department to find out why is that and they told to me that my NJ license was suspended because I did not pay Driver's Assesment fees. I had no clue about those fees and had absolutley NO notices about it. I paid the fees now. But I steel have to apiar in person. Could anybody tell me what to expect in cort room?
Thanks Deniss
Submitted: 8 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your question, Deniss. I am a New Jersey licensed professional and will be happy to assist you.

I understand that you now paid the fees. Has NJ reinstated your license or is it still suspended?
Customer: replied 8 months ago.

NJ Never suspended my license. It is NYS "sort of" suspended my priveledge to drive in NY it because I did not pay this in my opinion extortion "Driver's assesment fee" They have this law since 2004 as I learned today and regardles which state motorist is licensed in they have to pay it. I was not aware of it at all until today.


 


but again I have a NJ license which is not suspended and never was

Expert:  Dimitry K., Esq. replied 8 months ago.

Deniss,

Thank you for your follow-up. I can understand why you may feel it to be extortion but please be aware that driving anywhere is not a 'right' but a 'privilege' which the state can limit or take away In other words if a condition of driving includes paying an assessment, it is a legitimate fee that the state can levy, and failure to pay it can suspend your local privileges. The argument that this is extortion would not really work well in the courts, and may anger the judge.

The better argument would be that as you pointed out, you had no notice of the charges. That is what you would need to state to the judge as a reason as to why the assessment was not paid, and also state that since you, in 'good faith', immediately covered this short-fall when you were made aware of the charges, there is no further need to suspend your privileges. This is a valid argument and one that the judge is very likely to accept.

Good luck.

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