Questions & Answers

Q. How long have you been practicing law?
A. I was admitted to practice law in New York in January 1988


Q. How many cases have you handled?
A. Over the years in excess of 12,000 cases


Q. If I hire a lawyer, will I still have to appear in court?
A. It is not necessary for a client to appear at the Suffolk TVB or the village or town courts when represented by an attorney, although sometimes I will recommend a client be present. Cases returnable to the Suffolk County First District Court in Central Islip will require your appearance as that is a criminal court.


Q. The office gave me a ticket for 86 mph in a 55. The case is pending at the Suffolk Traffic Violations Bureau in Hauppauge. Can I just plead guilty?
A. You can, but I would not suggest it. That is an 8 point violation. Some judges at the Suffolk TVB will automatically suspend your license for a conviction to an 8 point speeding ticket. If you accumulate over 10 points on your New York license within an 18 month period, your license will be suspended by DMV. In addition, NYS DMV will require that you pay an additional driver assessment fee of at least $450. That is on top of the fine and surcharge imposed by the court not to mention increased insurance premiums.

I am usually able to get that particular speed reduced at the Suffolk TVB. Also, come April, the Suffolk TVB is slated to be closed and substituted with a new court that is expected to be much better for attorneys in terms of being able to favorably resolve cases. You should be able to save money and points if you retain an attorney to handle the case.


Q. I handled my own case at the Suffolk Traffic Violations Bureau in Hauppauge. I have a clean license, but the judge still suspended my license for 60 days. If I don’t get my license back, I am going to lose my job. Is there anything you can do?
A. Unfortunately, I get a few of these types of calls. Some of the judges at that court will suspend your license if you are convicted of an 8 or 11 point speed even when your license is clean. You would have been much better off retaining an attorney who is familiar with the court instead of doing this by yourself. At this point you would have to appeal the conviction. Only a very small percentage of those who appeal, ever win.


Q. I was issued a ticket returnable to the Southampton Town Court in Hampton Bays. I mailed in a plea of guilty. Thereafter, I received a letter in the mail that my license is going to be suspended. Can you undo this?
A. Probably, give me a call.


Q. Do you have any references?
A. There are a number of reviews out there on the internet. Many reviews can be found at the attorney directory Avvo.com. My review page at Avvo.com can be found at this link. I have a 10 out of 10 Superb rating with Avvo.com. Also I have been awarded a BV distinguished rating from Martindale Hubble.


Q. I am going to hire a lawyer. Should I plead not guilty and then hire a lawyer after I get a court date?
A. It is best to have an attorney answer the ticket. A certain percentage of tickets are dismissed for failure of the police to provide documents, but the demand must be made early in the process.


Q. Do cell phone tickets carry points?
A. Cell phone violations now carry 3 points in New York.


Q. What is a driver assessment fee?
A. The New York Drivers assessment fee is an additional fee imposed by NYS DMV. This is in addition to any fines and surcharges that you may have received from the court.

Those who accumulate 6 points in New York within an 18 month period, (18 month period determined by the date of violation), will be required to pay a driver’s assessment fee of $100 per year for 3 years (total $300). The assessment fee increases $25 per point, per year for 3 years (total $75 for each additional point).

If you have been convicted of an alcohol-related or drug-related traffic violation, or if it has been determined that you refused a chemical test, the annual assessment fee is $250 for 3 years. The total assessment for the three years is $750.


Q. What is the best way to contact you?
A. You can reach me at (631) 665-2200, email GaryMillerLaw@aol.com, or text me at (631) 624-4000. I am in court most of the time, but if you email or text me, I will get it immediately on my Iphone.


Q. I appeared on my court date at the Suffolk County First District Court in Central Islip on my court date. The first time I went before the judge he suspended my license even though I did not plead guilty to the charge. The judge then gave me a new court date and told me to get a lawyer.
A. That is called a suspension pending prosecution, also known as a 510.2b suspension. Judges will often suspend a license in this manner when you first appear in court on certain types of tickets including reckless driving, speed contest, or very high speeding tickets. This particular suspension will be lifted when the case is finished. An attorney may be able to convince a judge to lift the suspension earlier than that however.