January 13, 2010
Tips for Truck Companies to Fight Tickets in New York, by Matt Weiss, Esquire
As a New York truck ticket attorney, I have seen many truck companies get into trouble by mishandling a New York truck ticket issued to their company. Similarly, companies that are issued commercial tickets (aka "pink tickets") for such things as fire department violations and environmental violations need to properly respond.
The initial thing you should know is that a corporation may not appear in court by an officer, shareholder, officer, manager or other employee. It must appear by an attorney under Criminal Procedure Law Section 600.20. An appearance on behalf of the company by a non-lawyer will result in either a default judgment or (if you are lucky) a new date to retain an attorney.
Failing to respond to a New York truck ticket is a bad mistake to make. If your company is issued one or more New York truck tickets, you must answer. The non-appearance of a corporation (prior to entering a plea) will result in the court entering a default judgment against the corporate defendant and imposing a fine for each ticket. The corporation will be notified of the court’s action by mail, specifying the amount of the fine and scheduled court date for payment. A verbal request to vacate the plea and sentence may be made on the payment date, by the corporation’s attorney.
If the company fails to appear on the payment date, a judgment will be entered and filed with the County Clerk’s office. If a Corporation wishes to satisfy a corporate judgment, it may pay the fine in full or it must engage an attorney to make a motion to vacate the judgment. Motions to vacate a judgment must be done in writing.
New York truck tickets can be very expensive and some are even considered criminal in nature. It is therefore that you consult with a New York truck attorney to avoid entry of a default judgment against your company and to get advice as to how to minimize the penalties.
MATTHEW J. WEISS
President Weiss & Associates, PC - 888 Red Light
419 Park Avenue South 2nd Floor
New York, NY 10016
Traffic Lawyer
Matthew Weiss founded and runs Weiss and Associates, PC, a Manhattan law firm handling personal injury, commercial litigation and commercial transactions. Based on his entrepreneurial experience gained through membership in the Entrepreneurs’ Organization (EO), Weiss went on to create and market the brand 888 RED LIGHT to handle a department within his firm which handles vehicle and traffic law issues. Weiss’ firm has successfully resolved thousands of traffic tickets, speeding tickets and truck tickets for clients by the way of dismissal or plea bargains, and has been referred to as a market leader by the Wall Street Journal. Weiss has written numerous articles on vehicle and traffic laws, regularly lectures attorneys on related topics, and has been quoted in many legal journals and professional publications.
Weiss is also an active member of EO holding numerous New York Chapter Board positions as well as Global EO positions. He is current the EO Global Learning Chair supervising business learning for the organization’s 7,000 business owner members. Weiss is a highly sought after expert on small business and New York’s entrepreneurial community for MSNBC’s “My Business,” Fox Business, WPIX 11 WCBS Radio, and is often quoted in New York Daily News, Crain’s NY Business, New York Law Journal, and Journal News.
A 1984 graduate of Hofstra Law School, Weiss was awarded the school’s prestigious Procedure Award and was a Senior Editor for the Hofstra Law Review. Upon graduating, he became one of the first Hofstra Law School graduates to work at the New York State Court of Appeals, the state’s highest court, on various appellate cases.