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Monthly Archives: September 2014

Traffic & Speeding Violations in NY: A Lawyers Advice

29 Monday Sep 2014

Posted by danielrosenfeldblogs in Traffic & Speeding Law

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speeding ticket, traffic lawyer, traffic violations law

Wherever you go, everyone always seems to be in rush. This phenomenon is most accentuated on the road. Everyone seems to be cutting everyone off, running red lights and speeding like there is no tomorrow. Sadly, this type of behavior can get you into serious legal trouble. Nothing can be more jeopardizing to your driving record than traffic violations. The more severe the traffic violation, the more points the violation will give you. The more points, the more you will have to spend on a traffic lawyer. Believe it or not, point violations are a lot more costly than the high legal fees you will have to pay your attorney. Your only hope to avoid ridiculous car insurance costs, possible jail time and other license penalties will be a not-guilty verdict. Today we will share some tips on how to avoid speeding violations that will result in high point violations.

Point Scale For Speeding Violations:

A rolling scale will determine how bad your speeding violation will be. This rolling point system is the law in New York state which includes the five boroughs of NYC as well as the eastern Long Island region. If you speed 9 MPH over the legal limit you will be served a 3-point violation. Once you go up to 10 to 20 mph over what the law allows you a 4-point violation will be served to you. If you decide to be foolish and speed 20 to 30 mph over the legal limit you will be dished a dangerous 6-point violation. If you decide to be even more foolish and risk yours and other peoples lives and drive 31 mph over the limit you will be in serious trouble. The judge will have the discretion to give you an 8-point violation or a license suspension which will be equate to 11 points. Even the most seasoned traffic ticket attorney that is available in NY state will have a very challenging time dealing with a violation 31 mph and higher.

The moral of this “speeding scale” story is to avoid speeding and not risk innocent lives because you are in a rush. If you decide to do so anyways you are looking at serious legal repercussions. If you do decide to speed you should at the least try to be somewhat humane and keep it less than 20 mph over the legal limit. Anything over that puts you in a very barbaric category in the eyes of a judge and makes your case much more difficult to win. In any case, if you are served a violation it would be wise to hire a skilled NY traffic attorney that understands the nuances of the law and has experience in attaining non-guilty verdicts for violations similar to yours.

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What Is The Law Regarding Divorce Fees/Costs in NYC?

10 Wednesday Sep 2014

Posted by danielrosenfeldblogs in Divorce Law

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divorce law

The good news is that NYC is part of state wide effort to make the divorce process faster and cheaper. In July of 2011, New York State passed a law which serves to allow couples to obtain a divorce without having to prove any timely and costly legal claims like adultery or abandonment. This innovative “No-Fault” divorce in our state allows couples to get divorced without making any one party at fault. Divorce attorneys can now provide client’s looking for an uncontested divorce with a cheaper, easier and less time consuming divorce.

When it comes to divorce one of the first things that comes to mind is how much will it all cost? The short answer: it depends if it contested or uncontested and how hard the sides battle in the event it is contested. uncontested divorces are fast & easy while a contested divorce can go past settlement and deep into trial. In most cases the couple will be able to save a lot of legal fees by coming to mutual agreement and filing for an uncontested divorce.

If divorce is contested, both partners usually pay the court fees and legal fees upfront. Some people have their attorney’s request for their spouse to cover a portion of their fees or the whole thing. It is also common for a judge to order one spouse to cover all legal costs involved. This is determined by a number of factors such as which of you filed for the divorce, if one partner is a stay-at-home parent, and who has a more capable divorce lawyer.

Here is a list of things that will determine how much divorce can cost:

Your divorce lawyer’s legal fees

When it comes to divorce, you don’t want to skimp on attorney fees. Find a NYSBA authorized divorce lawyer who will protect you and your interests. With enough searching, you may be able to find a lawyer who won’t charge incredibly high fees. Most divorce lawyers usually charge a lot but they usually provide good work to back it up.

Settlements

The divorce proceedings will cost significantly less the more you and your spouse can come to terms and agree on all matters involved and avoid trial as fast as possible. Lengthy settlements or drawn out court cases about marital property, child custody, and child support can cost a pretty penny. These factors constitute the major expenses in most divorces.

Will you fight for custody of your children?

Fighting for custody over your children will bring up several fees including psychiatric evaluations, witness testimonies, etc. Fighting for custody also means more work for your lawyer who is likely to be billing you by the hour.

How much marital assets and debts is there?

If you have gathered significant amounts of debts and marital property, you may need to hire a certified divorce financial analyst, or a pension fund expert. This would be additional expenses added on top of all your legal fees. One should seek advice from a divorce attorney regarding the effect that any debt, assets and property will have on their case.

Your legal strategy and your spouse’s legal strategy

This simply highlights the importance of picking legal representation you are comfortable and see eye-to-eye with. If either you or your spouse’s attorney chooses aggressive one-sided strategies, you will be the one footing the bill. Some divorce lawyers choose more adversarial tactics since it means more money for them.

Legally, you can always fire your legal representative and find another one if you want to try a different more practical approach. What really determines the cost of divorce is how much you and your spouse are willing to work with each other to fix your issues. Settling things outside of court from the get go will be the key to save money. This will allow you to take advantage of the aforementioned “NYC No Fault Divorce Law” If both of you cannot put your differences aside prepare your wallets and free up your schedule.

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