Home: Motor Vehicle Offenses

Motor Vehicle Offenses:

About Us

The Law Offices of Alice K. Berke handles DWI, traffic speeding ticket, and general traffic matters in almost every Court in New York State. Alice K. Berke, Esq. has been assisting clients with their traffic matters for over 18 years. Of Counsel to us is Sidney W. Berke, Esq. (Ret.), Retired Director of Administration Adjudication for the New York State Department of Motor Vehicles, who spent over thirty-three years employed by the New York State Department of Motor Vehicles and thirty of those years as a judge. We are endorsed by the National Motorist Association (NMA).

Tickets

Never plead guilty to a traffic ticket. Conviction can increase points and jeopardize your driver's license. Take advantage of our free consultation.

What we can do...

1. Attempting a Reduction of the Charge
Often we need not appear. The ticket can be handled over the telephone or by mail. Some Courts insist we appear. You need not appear with us. We can send you a "Consent to Plea" form to sign that authorizes us to plead guilty to a reduced charge on your behalf. If you do appear, the Prosecutor will have more motivation to reduce the ticket since he/she knows you are available to testify at trial. Many New York State Troopers will require us to appear in Court while local Officers usually do not require us to appear.

2. Go to Trial
You should appear with us although it is not required. If you do not appear, we could cross-examine the Officer and argue that that he/she did not meet the burden of proof. If you do appear, the Prosecutor will have more motivation to reduce the ticket since he/she knows you are available to testify at trial. It is also possible the officer will not appear. Then we can request dismissal of the ticket.

* This information does not apply to New York State Department of Motor Vehicle administered Courts. They do not reduce tickets.

Suspension/Revocation

If you get eleven (11) or more points within eighteen (18) months or receive a ticket for driving 40 or more miles per hour over the speed limit, you will face a license suspension hearing. If you lose, your New York State driver's license privileges will be suspended. The hearing will sometimes be held even after some of the points have come off your license.

If you get three (3) speeding convictions within eighteen (18) months, your license will be automatically revoked and you will lose your New York State driving privileges. New York State points are usually not reciprocal with another state. However, failure to acknowledge a New York State ticket will be conveyed to the state that issued your license and you will be suspended in that state.

What we can do...

If reducing your current charge is not enough to prevent you from losing your license or you have already lost your license, we can attempt to vacate one or more prior conviction(s) and negotiate a reduction of the charge(s) so that you can get your license back. This procedure is called a Writ of Coram Nobis. We are usually successful, especially if you were not represented by counsel and simply pled guilty to the charge(s) against you.

Aggravated Unlicensed Operation

Aggravated Unlicensed Operation of a vehicle is a crime. Do not plead guilty to this charge or you will have a criminal record.

Our Unique Guarantee

If we cannot get your charge(s) reduced, your fee will be refunded in full.

How You Can Help

To represent you in any traffic matter, we will almost always need a copy of your New York State driving record or "abstract". This can be obtained for a small fee by contacting the New York State Department of Motor Vehicles.

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REMEMBER . . .
IT IS MORE COST EFFECTIVE TO SEEK LEGAL
REPRESENTATION EARLY!