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Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience:  I have represented individuals accused of crimes.
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I recieved 3 moving violations under section vtl 1100. I answered

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I recieved 3 moving violations under section vtl 1100. I answered the tix to plead not guilty by mail 2 weeks after recieving them in June 2007. I have just recieved the first letter for a scheduled hearing in Dec 2009. Under section 226 of the VTL of New York it explains that a person charged with a violation must answer, and be scheduled a hearing. It then goes on to say "failure to appear at a hearing will be deemed an admission to the violation in an...order being entered in the dept's records" The section concludes by saying "In no case shall such and order and fine be entered and imposed more than two years after the date of the alleged order and fine shall be vacated upon the ground of excusable default." Does anyone know if this statute absolves me of the charges?
Can you give me the timeline again in chronological order?
Customer: replied 7 years ago.

The violation was on 6/7/07, I mailed my reply of not guilty by no later than 6/21/07. Nothing transpired between then and now until a letter was sent on Nov 19, 2009 for my appearance at a "Appearance/Pre-Trial conference" This is the first letter that had been sent. My current address has been the same on my license since the violation. thank you

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

The statute does not "absolve" you of the charge. But it does act as an affirmative defense. In other words, you can use this to fight the charge and you should be successful. They blew it.

Good luck.

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