20 Jun 20 Tips: Corporation Pink Summons Lawyer
20 Tips: Corporation Pink Summons Lawyer
In New York, state police officers hand out around half a million pink summonses each year. As articulated at ny-defense.com, these summonses frequently deal with misdemeanor criminal offenses but should still be treated very seriously. Here is what you should know about a pink summons and how a lawyer can help.
Businesses that are usually issued with a pink summons
New York City pink summons notices are usually issued to certain businesses, such as:
Commercial vehicle operators
A New York City police officer may issue a pink summons to a truck driver or corporation if he or she believes New York transportation law, as discussed at ny-defense.com, has been violated. An example is if a truck or CMV is overweight
You may also be issued a pink summons in New York if you are a restaurant owner. Restaurant owners typically receive a pink summons for the fire code violations because they make alterations to their kitchens without realizing it goes against the code
What to do if your business receives a pink summons in New York
Hire an attorney
When a business has been issued with a pink summons in New York, you must hire an attorney. This is because only a licensed New York lawyer like ny-defense.com is legally allowed to represent a corporate entity.
Don’t attempt to go to court without an attorney
You should always remember that if you attempt to head to court without getting an attorney, you will only be wasting everyone’s time, as you will be told that your case cannot be resolved without legal representation.
It is clear that the first and most important thing to do when you get handed a pink summons is hiring a lawyer.
Trucks and trucking companies are targeted
Given the impact accidents involving trucks and other CMVs can have, New York City aggressively targets trucks and trucking companies for pink trucking summonses relating to violations of the many local, state, and federal trucking regulations.
Why you should take pink summons seriously
As is outlined over at ny-defense.com, on their face, some of these summonses carry staggering fines and many are, actually, crimes, hence why they should never be taken lightly. These pink trucking summonses are returnable to criminal court.
The size of the corporation doesn’t matter
If the ticket is written in the name of a corporation, it means that, under New York law, an attorney must appear for the corporation. The size of the corporation doesn’t matter. Even if the corporation is only a one-person operation where one person is the president, CEO, and everything else, the corporation must be represented by a lawyer.
Criminal lawyer for criminal court
As pointed out by ny-defense.com, an officer of a corporation responsible for obtaining counsel for the corporation has an obligation under the law to act in the best interests of the corporation. This, therefore, means that if a corporation is being sent to criminal court, it would make sense that the safest solution would be to engage the services of an attorney with experience in criminal court.
Civil lawyers have zero experience in criminal court
As mentioned in the previous point, if your corporation is being sent to criminal court, then hire a criminal lawyer, rather than the lawyer who writes and negotiates contracts for the corporation or who advises the corporation on business issues. Remember, most civil lawyers have got zero experience in criminal court, as criminal court has its own rules, traditions, and ways of doing things.
Where are pink summonses heard?
As already mentioned, pink summonses are heard in the Criminal Summons Court, which is why they require an appearance by an attorney as New York State law requires that corporations be represented by counsel, especially in criminal court.
How many summonses before commercial drivers lose their licenses?
As the top-rated ny-defense.com points out, commercial drivers are at risk of losing their licenses if they receive two summonses within three years, which is something any CDL holder in New York should be aware of to avoid adverse consequences.
Common commercial summonses
Some of the most common commercial summonses are missing mirrors, missing DOT stamps, driving off designated truck routes, missing a fire extinguisher, among others. a summons for any of these violations may have up to $500 in fines.
Why you should hire a corporation pink summons lawyer
“Operating a Motor Vehicle in Violation of Safety Rules”
One of the most common pink summonses issued to commercial trucking vehicles is for violation of section 140.02 of the Transportation Law. Here, it is not uncommon to receive multiple summonses related to this section because it covers all kinds of offenses related to equipment, and if a commercial truck has several mechanical problems, it can lead to hefty fines. An attorney will help you fix the issues and provide proof, which will go a long way towards reducing these fines.
To help in case you weren’t aware of summonses
It is also common that a summons will be left on the windshield of a vehicle or given to a driver who then fails to notify his employer that he/she received a summons. This leads to the company owner or manager being unaware of the summons and misses the court date. This can lead to a default judgment where the judge will find you guilty by default.
A lawyer can help put the case back on the calendar
As a result of the above scenario, sometimes the first time you hear about the case will be through a letter that states that a judge found you guilty and that you have to pay the fee before a certain date. An experienced and skilled lawyer like ny-defense.com may be able to put the case back on the calendar and give you a chance to reduce your fees.
You have no option but to hire a lawyer
As already discussed, only a lawyer can represent a corporate entity. Therefore, if you have any type of company that uses commercial vehicles, and those vehicles were issued a pink summons, you should not waste your time going to court without a lawyer like ny-defense.com.
To avoid losing personnel
As has also been mentioned, commercial drivers are at risk of losing their license if they receive two summonses within 3 years. To avoid this, the best way to handle a corporate pink summons is to contact an experienced New York pink summons lawyer immediately.
To ensure you don’t miss important dates
A lot of things can fall through the cracks if you don’t engage the services of a pink summons lawyer like ny-defense.com immediately you get issued one. This includes missing out on your court appearance leading to a default conviction as already discussed. Hiring one will ensure that you don’t miss any milestones, including your hearing date.
What if you miss your date to pay the fees?
Once you have missed the date to pay, a judge may then execute a judgment, and once that happens, your case will likely be referred to a collections law firm, which will begin enforcing the judgment. A collections firm may begin by restraining your bank accounts without you knowing it. If you have received a letter from a collections attorney, you should engage the services of a lawyer immediately.
Help with your case
Finally, a pink summons lawyer will work with you to come up with a strategy to fight your summons. They will negotiate with the prosecutor, provide them with proofs of repairs, get the case dismissed whenever possible, and reduce fines, not to mention the fact that they will handle all court appearances so that you don’t have to show up at all.
If your corporation has been hit by a pink summons, then remember that ny-defense.com has the expertise and experience to assist you in your case.