Commercial Truck Tickets/Summons

·        Have you been issued a Criminal Court Appearance Ticket for your Truck or Van?

o   Were you cited for inadequate brakes, worn tires, cracked windshield, lack of US DOT number?

You are likely charged with violating Transportation Law section 140, the circled sections on the ticket shown to the right show the statute you are accused of violating.

·        Definition of a Commercial Vehicle

o   A Commercial Vehicle in New York is defined by the Transportation Law as: “Commercial motor vehicle” means any self-propelled or towed motor vehicle used on a highway in intrastate, interstate or international commerce to transport passengers or property when the vehicle (a) has a gross vehicle weight rating or gross combination weight of ten thousand one pounds or more, whichever is greater;  or (b) is designed or used to transport more than eight passengers including the driver for compensation;  or (c) is designed or used to transport more than fifteen passengers including the driver and is not used to transport passengers for compensation;  or (d) is used in transporting material found by the United States secretary of transportation to be hazardous… (See Transportation Law Section 2.)

·        What are my defenses?

o   Repair - Time is off the essence - The sooner a repair is completed after a ticket is issued the better. While not a defense to the ticket many judges will look upon a quick repair as a mitigating factor.

o   Sale of Vehicle - The sale of the vehicle in question can be seen as a mitigating factor.

o   Clean Driving Record - The lack of previous violations is also beneficial to a favorable outcome.  

o   Facial Deficient Summons - The ticket lacks the required legal description of the violation, makes a material misstatement or omission.

o   Evidence - At trial you can present evidence that cited violations were incorrect. For example, showing that the tire did have an adequate tread depth. Each case is different and we encourage you to discuss your matter with an attorney.

·        Vehicle Owned by Corporation / LLC?

o   If the vehicle in question is owned by a corporation or by a Limited Liability Company, pursuant to CPL 600.20 the corporate defendants must appear with an attorney to represent the corporate entity.

o   Attorney Representation means you do not have to show up - Most judges allow an attorney to appear on behalf of the corporation and accept a plea without having the corporate owner or representative make an appearance. This saves you time and money by allowing you to keep working on your court date!

Criminal Court Locations in NYC:

Bronx Criminal Court – 215 E 161^st Street, Bronx, New York 10451

Kings & New York Criminal Court – 346 Broadway, New York 10013

Redhook Community Justice Center – 88-94 Visitation Place, Brooklyn, NY 112331

Midtown Community Court – 314 W 54^th Street, New York, NY 10019

Queens Criminal Court – 120-55 Queens Boulevard, Kew Garden, NY 11415

Richmond Criminal Court – 26 Central Ave. Staten Island, NY 10301