20 Jun 20 Tips Criminal Summons Company Vehicle
20 Tips Criminal Summons Company Vehicle
Some traffic violations are criminal offenses and require a persona appearance in court as discussed at ny-defense.com. This article will look to take a look at summonses issued to corporations as a result of commercial offenses and how to go about such cases.
Situations that may lead to a summons being issued
As pointed out by ny-defense.com, New York City has got truck routes. If you are traveling outside a designated truck route and are not making a local delivery, pick-up service (and have the requisite written proof), then a summons can be issued.
Cross over mirrors
Because of the height of large trucks, it can be difficult for truck drivers to see what is happening directly in front of their vehicles. This has contributed to lots of pedestrian deaths in New York, which is why cross-over mirrors are now required to be installed on all trucks that qualify as commercial vehicles, are registered in New York State, and operate in NYC (except for expressways). Failure to do so can also result in a summons being issued.
Weight and size limits
The allowed gross vehicle weight in New York City is 80,000 pounds. Vehicles that exceed New York City’s size and weight limits obtain over-dimensional permits as discussed at ny-defense.com, or risk being issued with a summons.
Trucks and commercial vehicles are not allowed to travel on most parkways in New York City. Therefore, you should be familiar with the parkways where you are not allowed to drive as well as NYSDOT parkways regulations to avoid falling foul of the law.
Commercial vehicle identification
The New York City Traffic Rules require that commercial vehicles display the registrant’s name and address on both sides of the vehicle. You should ensure that you follow this rule and display the required registrations to avoid issues.
These are just some of the violations that can lead to a summons being issued.
To whom will the summon be issued?
Summonses issued to corporations, as pointed out by the excellent ny-defense.com, are usually commercial offenses. When a truck driver gets pulled over, the summons is made out to the company and not the actual driver.
An attorney is required
It is also important to note that in New York, a corporation must appear in court with an attorney. Therefore, the corporation can’t appear without one when honoring the summons, something that is worth remembering.
Does the company need to send a representative?
Given that, as already mentioned, it is required that a corporation appears with an attorney in New York, it is usually not necessary for a representative of the company to appear in court with the lawyer according to ny-defense.com.
Does the size of the corporation matter?
No. In New York, a corporation must appear in court with an attorney when honoring a summons, regardless of its size. Therefore, it doesn’t matter if the corporation is made up of two people or 2000, an attorney is required.
How many summonses can lead to the loss of my license?
Commercial drivers are at risk of losing their commercial driver’s license (CDL) if they receive two summonses within three years. This is something that you need to keep in mind, always remembering that once you receive your first summons, you are already at risk.
The most common summonses are issued to individuals
As is covered at ny-defense.com, the most common criminal summonses issued are to individuals. In New York, many violations will result in the New York Police Department issuing criminal summonses, with some being more serious than others.
Most serious tickets
The most serious tickets are miscellaneous violations. These violations include reckless driving (which is a misdemeanor that comes with 5 points on your record) and driving with a suspended license (also a misdemeanor).
Less serious offenses
From discussions on the same at ny-defense.com, other less serious offenses include disorderly conduct, open container of alcohol, and public urination. These are violations rather than misdemeanors and will not result in a permanent criminal record.
Summons instead of being arrested
A rule change by the New York City Police Department and Manhattan District Attorney dictates that now people who commit minor crimes will receive a summons instead of being arrested. This change was brought about as a means to reducing the backlog of criminal cases pending in court.
Where in New York City will I need to attend court for my summons?
For a Manhattan or Brooklyn offense, you will need to appear at 1 Center Street, New York, New York (note that this is a different location than Manhattan criminal court). For cases in the Bronx, you will need to appear at the Bronx Criminal Court at 215 East 161 Street. The Summons part is typically on the second floor.
Don’t waste your time going to court without an attorney as the owner of a company
As already mentioned, only a lawyer can represent a corporate entity. Therefore, if you have a moving company, scaffolding company, or any other type of company that uses commercial vehicles, and those vehicles were issued with a summons, do not waste your time going to court without a lawyer like ny-defense.com as you will be told that you can’t resolve your case without a lawyer.
“Operative a Motor Vehicle in Violation of Safety Rules”
One of the most common summonses issued to commercial trucking vehicles is for violation of section 140.02 of the Transport Law or “Operating a Motor Vehicle in Violation of Safety Rules”. This is a lengthy statute that can be difficult to understand.
This is why you should hire a lawyer
Officers will often use numerous summonses under Section 140.02 for a variety of equipment-related offenses, which might include improper USDOT number, inoperable marker lights, turn signal lights, plate lights, and mirrors. A lawyer like ny-defense.com can significantly reduce the fines associated with these summonses if you show proof that the necessary repairs have been made.
Not being aware of your summons
It is also worth pointing out that frequently, 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. As a result, the company owner or manager is unaware of the summons and misses the court, which can lead to a default judgment where the judge will find you guilty by default.
A skilled lawyer can help with that too
The situation described in the previous point means that 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 until a certain date to pay the fee. A skilled attorney may be able to put the case back on the calendar and give you a chance to reduce your fee.
This article only just begins to scratch the surface as far as this topic is concerned, and you can uncover more on this topic, as well as help with your criminal summons, over at ny-defense.com.