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Questions & Answers

Q. How long have you been doing this?
A. Over 24 years

Q. How many cases have you handled?
A. In my career, in excess of 10, 000 cases

Q. Can I pay a fine online?
A. At this time the court is not set up to accept fine payments online.

Q. If I hire an attorney, do I have to appear in court?
A. For the most part the judges at the Southampton Courts do not require defendants to appear when represented by an attorney on speeding tickets and other traffic tickets. In fact having handled hundreds of speeding tickets/ traffic tickets in Southampton and I don’t believe I ever had to have a client present. Defendants appearing for drug charges, criminal charges and driving while intoxicated would be required to appear in court on their court dates unless excused by the court.

Q. The office gave me a ticket for 86 mph in a 55. The case is at the Southampton Town Court. I just want to plead guilty.
A. That is an 8 point violation. If you accumulate over 10 points on your New York license within an 18 month period, your license will be suspended by DMV. Also in addition to the fine and $85 surcharge that the Southampton Town Court will impose should you plead guilty to that ticket, the  DMV will impose an additional driver assessment fee of at least $450. That does not even factor in increased insurance premiums for having an 8 point speed on your license. You should be able to save money, aggravation, and points if you retain an attorney to handle the case.

Q. I hired a New York City firm but I am not happy with them.
A. Unfortunately I do not accept cases started by other attorneys. It is important when considering who to retain to represent you on a matter that you retain an attorney that regularly appears in the court that the case is pending in.

Q. Do you have any references?
A. There are a number of reviews out there on the internet. Many reviews can be found at Avvo.com. Avvo is an attorney directory. All attorneys licensed to practice law in the State of New York are listed at Avvo.com. My review page at Avvo.com can be found at this link.

I have a 10 out of 10 Superb rating with the Avvo.com and have been awarded a BV distinguished rating from Martindale Hubble.

Q. How are the judges?
A. Well, I am not going to say anything bad about them ( I appear before them all the time ) but the reality is, there is nothing bad to say anyway. At the Southampton Town Court, all of the traffic and criminal cases are handled by 4 judges on rotating bases. At the Southampton Village Court in Southampton, the case load is handled by a Village Justice and an Associate Justice.. While the judges that preside over the cases in the Southampton Town Court and Southampton Village Court all have their own nuances, they are all fair, knowledgeable, and no nonsense. There are some subtle differences in the way they handle their cases, but they are all fine.

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. While clients retain me at all different times, including some, the same day as the court date, you will have an advantage if you hire me sooner. The reason is, I am able to get certain tickets dismissed by filing a demands for certain documents with the court early in the process. If the police fail to comply, the tickets are ultimately dismissed. There are time limits upon which the demands can be filed as well as benefits to filing early. If you miss the dead line, you may have missed an opportunity to get the ticket(s) dismissed.

Q. I was charged with Driving while intoxicated. The case was supposed to be heard at the Southampton Town Court. Before the court date the case was transferred to the Riverhead County Court. Why?
A. Felony driving while intoxicated cases will be transferred to the Count Court in Riverhead upon indictment. While many Felony cases initially start out at the Southampton Town Court and the Southampton Village Court, upon indictment, they will all be transferred to the County Court in Riverhead.

Q. Do cell phone tickets carry points?
A. They do and on July 12, 2011 New York Cell phone violations were increased to 3 points.

Q. What is a driver assessment fee?
A. The New York Drivers assessment fee is an additional fee imposed by NYS DMV on top of the fines and surcharges that you may have received.

If you accumulate 6 points on your New York Driver’s License within an 18 month period, determined by the date of violation, the drivers assessment fe is $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).

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

Q. I went to trial by myself and lost. Can you undo the verdict?
A. I am sorry, but for a number of reasons I don’t handle cases where people lost trials on their own. You can try to appeal the conviction.

Q. What is the best way to contact you?
A. You can reach me at (631) 665-2200, email me directly at 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.