Home of NY VTL 511 Aggravated Unlicensed Driver Defense Attorney :: New York State VTL 512 Suspended Registration Defense Lawyer :: Rockland Westchester Orange County Criminal Defense Attorney Home

Two of the most common criminal violations in the state of New York are:  NY VTL 511 - aggravated unlicensed driver, and NY VTL 512 - driving while suspended or revoked.  Let us first discuss aggravated unlicensed driver. It is interesting to note, that in the state of New York, whether in Rockland, Orange, Westchester, New York City or Long Island, if you're caught driving without a license (VTL 509), in general, you will only be issued a summons for driving without a license, which is a violation and not a crime.  Technically, one could be sentenced to 15 days in jail for driving without a license. If issued a summons in any court other than the TVB.  But in reality, it is very rare for just a sentence a defendant to jail time for merely driving without a license. However, the distinction must be made that in the state of New York, if one's license or privilege to drive in New York is suspended, for example for not paying a simple seatbelt ticket, then if that person is subsequently caught driving by the police, they may be guilty of aggravated unlicensed driver, which is a misdemeanor punishable by up to 30 days in jail. To summarize thus far, driving without a license is not nearly as serious as driving with one's license or privileges suspended in the state of New York. It is important to note that, and honest. A driver who fails to pay a ticket or is otherwise suspended for any other reason the state of New York has had their New York driving privileges suspended, even if they never had a New York license.

The most reoccurring case is the following in my experience: a person gets a no point seatbelt or cell phone ticket in New York City.  The person fails to answer the ticket and their license gets suspended.  Sometime later, the person is stopped anywhere in the state of New York and when the police officer runs the drivers license of the motorist, the cop determines that the person's license or privilege to drive in New York has been suspended.  Now, what the officer does depends very much on where the arrest will be taking place and the mood of the officer. In general, it is my experience, that outside of New York City (the five boroughs) the police will NOT arrest the motorist for aggravated unlicensed driver.  Usually, the police will merely issued a summons and either toe the car or require somebody with valid privileges to drive the car away. However, if this violation occurs in New York City, it is my experience that the police usually arrest the defendant and make it go to any of the five borough criminal courts, such as 100 Centre St in Manhattan, or the Bronx criminal court building or 215 Grand Concourse, or the Brooklyn criminal court house at 120 Schermerhorn Street or the Queens County criminal court house at 25-01 Queens Blvd.Getting arrested in New York City is no fun. It usually involves a trip to central booking, which is no place for a poor schnook with an upaid ticket.

The accusatory instrument comes in two forms either a simplified traffic information or a Desk Appearance Ticket or the more formal Criminal Information.

Florida: A Florida man who was arrested for drunk driving had to deal with getting arrested and attacked by his pet squirrel at the same time so he says. Warren Thomas Michael 23 said "he had a squirrel eating him" when officers pulled him over on Saturday night in Fleming Island Fla. according to the arrest report. "The defendant pointed out a small squirrel he had wrapped under his shirt " Police Officer JC Saunders wrote. Michael talked about his squirrel with slurred mumbled and profanity-laden speech. His bloodshot eyes appeared glassy above his red cheeks the report describes.

"After some discussion about the squirrel " Officer Saunders explained why he pulled Michael over. Earlier Michaels car allegedly swerved in and out of lanes ran off the road and almost hit someone. That person called the authorities. When Saunders arrived he reportedly witnessed Michaels car weave back and forth and cross the fog line onto the grass. Michael could not answer the officers simple questions while looking for his license and registration. The police also smelled alcohol so he had "the defendant secure the squirrel" and go through sobriety tests.
The defendant Michael was arrested and taken to Clay County Jail where he was charged with driving under the influence and driving without a seat belt. He also received a written warning for driving a vehicle in unsafe conditions. Michaels pet squirrel and vehicle were released to his girlfriend.

CAMDEN NJ USA—A Camden County man today admitted concealing from law enforcement authorities information about a home invasion and kidnapping that led to the death of an Atlantic City woman U.S. Attorney Paul J. Fishman announced. Ronnie Ruffin 43 of Lindenwold New Jersey pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to in information charging him with one count of misprison of a felony. According to documents filed in this case and statements made in court: Ronnie Ruffin was arrested October 18 2011. Prior to his arrest he had learned that on March 26 2011 Nadirah Ruffin (no relation) was the victim of a home invasion and was kidnapped from Atlantic City New Jersey. Ronnie Ruffin also learned Nadirah Ruffin was driven to Philadelphia shot and killed. Her body was found in the Schuylkill River on April 19 2011. Ronnie Ruffin admitted that before his arrest that he had learned the home invasion and kidnapping of Nadirah Ruffin were orchestrated to retaliate for an assault on another individual. After Ronnie Ruffin was arrested he gave a statement to an FBI special agent and a Atlantic City Police Department detective in which he concealed and failed to immediately make known that he knew the identities of the individuals involved in the home invasion and kidnapping. The charges to which Ronnie Ruffin pleaded guilty carry a maximum potential penalty of three years in prison and a fine of $250 000. Sentencing is scheduled for January 10 2013. U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Michael B. Ward; investigators from the Atlantic County Prosecutor’s Office under the direction of Acting Prosecutor James P. McClain; and detectives from the Atlantic City Police Department under the direction of Deputy Chief Ernest Jubilee Commander of the Atlantic City Police Department for the investigation leading to today’s guilty plea. The government is represented by Assistant U.S. Attorneys Jason M. Richardson and Matthew T. Smith of the U.S. Attorney’s Office Criminal Division in Camden.

Medicare Fraud Strike Force operations in seven cities have led to charges against 91 people—including doctors nurses and other licensed professionals—for their alleged participation in Medicare fraud schemes involving $429.2 million in false billing. FBI Associate Deputy Director Kevin Perkins joined Attorney General Eric Holder Health and Human Services Secretary Kathleen Sebelius and other government officials at a Washington D.C. press conference announcing the takedown. The largest number of defendants were charged in Miami—a total of 33 for their alleged participation in various fraud schemes involving a total of $204.5 million in false billings for home health care mental health services occupational and physical therapy and durable medical equipment. Other defendants were charged in Los Angeles (16) Brooklyn (15) Dallas (14) Baton Rouge (4) and Chicago (2). According to court documents defendants were charged in schemes to submit claims to Medicare for treatments that were medically unnecessary and often never provided. In many cases patient recruiters Medicare beneficiaries and others were allegedly paid kickbacks in return for supplying beneficiary information to the providers who submitted the fraudulent claims. Perkins who called the strike force’s partnerships “a critical piece of our strategy” to “protect the integrity of Medicare and the health care system at large ” also offered steps that the public—especially Medicare and Medicaid beneficiaries and their family members—can take to help prevent fraud: Beware of suspicious activity including marketers offering money gifts or free services to patients; Review explanation of benefits forms sent by your insurance company (and contact your company immediately if you see any suspect billings); Protect your insurance card information the same way you would protect your credit card information;

NEWARK—A Newark New Jersey man made his initial court appearance today following his arrest in connection with two bank robberies U.S. Attorney Paul J. Fishman announced. Alfred Ferguson 55 is charged by complaint with two counts of bank robbery. The defendant appeared today before U.S. Magistrate Judge Madeline Cox-Arleo in Newark federal court. He was ordered detained without bail. According to the complaint: Ferguson allegedly robbed the Garden State Community Bank in Newark on September 17 2012 and October 9 2012. Ferguson used a similar procedure for both robberies: after entering the bank wearing a red bandana over the lower part of his face Ferguson would verbally threaten the bank teller vault over the glass partition and empty money from bank tellers’ drawers. Following the latest robbery officers of the Newark Police Department spotted Ferguson fleeing the scene on a bicycle. If convicted on the bank robbery charges Ferguson faces a maximum potential penalty of 20 years in prison and a fine of $250 000 or twice the gross gain or loss from the offense for each count with which he is charged. U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Michael B. Ward with the investigation leading to charges. He also thanked the Newark Police Department for their contribution to the case. The government is represented by Assistant U.S. Attorney David M. Eskew of the U.S. Attorney’s Office General Crimes Unit in Newark. The charges and allegations contained in the complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

Fort Dix Inmate Sentenced to 10 Years in Prison for Death of Another Inmate Connecticut Man Pushed Victim Down Flight of Stairs During Argument U.S. Attorney’s Office October 12 2012 District of New Jersey (973) 645-2888 CAMDEN NJ—A Connecticut man serving a prison sentence at the Ft. Dix Federal Correctional Institution was sentenced today to an additional 120 months in prison for pushing a fellow inmate to his death during an argument U.S. Attorney Paul J. Fishman announced. David Besaw 27 of Newington Connecticut previously pleaded guilty before District Court Judge Noel L. Hillman to an information charging him one count of voluntary manslaughter in the November 4 2010 death of an inmate identified only as “F.F.” Judge Hillman imposed the sentence today in Camden federal court. According to documents filed in the case and statements made in court: Besaw said he was sleeping when F.F. punched the back of his bunk. The two men had an argument after which F.F. left their cell. Besaw followed F.F. into a nearby stairwell saw F.F. standing at the top of the stairwell and deliberately pushed him from behind causing him to fall down the stairs. F.F. died as a result of the injuries he suffered in the fall. In addition to the prison term Judge Hillman sentenced Besaw to three years of supervised release and ordered him to pay $9 577 to the victim’s family for funeral expenses. U.S. Attorney Fishman credited the warden of Fort Dix Federal Correctional Institution Donna Zickefoose; and special agents and investigators of the FBI under the direction of Special Agent in Charge Michael B. Ward for the investigation leading to today’s sentence. The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office Criminal Division in Camden. Preet Bharara United States Attorney for the Southern District of New York and George Venizelos the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI) announced today the unsealing of a complaint charging New York State Senator Malcolm Smith New York City Council Member Daniel Halloran and four others with bribery extortion and fraud charges. The charges against the defendants arise from an undercover investigation of three distinct but related bribery schemes involving public corruption. In the first scheme Smith allegedly arranged for cash bribes totaling $40 000 to be paid to Vincent Tabone and Joseph Savino two New York City Republican county leaders as part of an effort by Smith who is a Democrat to appear on the Republican primary ballot as a mayoral candidate in the 2013 election. Halloran is alleged to have received approximately $20 500 in cash bribes to act as an intermediary with Tabone and Savino on Smith’s behalf. In the second scheme Halloran allegedly received approximately $18 300 in cash bribes and $6 500 in straw donor campaign contribution checks in exchange for agreeing to steer up to $80 000 of New York City Council discretionary funding to a company he believed was controlled by those who paid him the bribes. The final scheme involved Noramie Jasmin and Joseph Desmaret the mayor and deputy mayor of the Village of Spring Valley in Rockland County and their alleged receipt of financial benefits including Jasmin’s receipt of a hidden interest in a real estate project and Desmaret’s receipt of approximately $10 500 in cash bribes in exchange for official acts. All six defendants were arrested this morning and will be presented later today in White Plains federal court before U.S. Magistrate Judge Lisa Margaret Smith. Manhattan U.S. Attorney Preet Bharara said “Today’s charges demonstrate once again that a show-me-the-money culture seems to pervade every level of New York government. The complaint describes an unappetizing smorgasbord of graft and greed involving six officials who together built a corridor of corruption stretching from Queens and the Bronx to Rockland County and all the way up to Albany itself. As alleged Senator Malcolm Smith tried to bribe his way to a shot at Gracie Mansion-Smith drew up the game plan and Councilman Halloran essentially quarterbacked that drive by finding party chairmen who were wide open to receiving bribes. After the string of public corruption scandals that we have brought to light many may rightly resign themselves to the sad truth that perhaps the most powerful special interest in politics is self-interest. We will continue pursuing and punishing every corrupt official we find but the public corruption crisis in New York is more than a prosecutor’s problem.” FBI Assistant Director in Charge George Venizelos said “Elected officials are called public servants because they are supposed to serve the people. Public service is not supposed to be a shortcut to self-enrichment. People in New York in Spring Valley—in any city or town in this country—rightly expect their elected or appointed representatives to hold themselves to a higher standard. At the very least public officials should obey the law. As alleged these defendants did not obey the law; they broke the law and the public trust. There is a price to pay for that kind of betrayal.” According to the allegations in the complaint unsealed today in White Plains federal court: Scheme to Bribe New York City Republican Party Committee Leaders Under New York State law a person seeking to run for a citywide position in New York City may not have his or her name listed as a candidate on the ballot if he or she is not a registered member of the party having the primary contest unless he or she receives the approval of at least three of the five chairmen of the county committees for that party. The approval is given in the form of what are known as Wilson Pakula certificates which are signed by the approving chairmen. Smith a Democrat was first elected to the New York State Senate in March 2000 and represents the 14th Senatorial District in Queens New York. He is chairman of the Independent Democratic Conference of the State Senate and among other positions has served as the State Senate’s minority and majority leader. Smith has spoken publicly about his desire to run for mayor of New York City in 2013. Halloran a Republican was elected to the New York City Council in 2009 and represents the City Council’s 19th District in Queens New York. Halloran ran unsuccessfully for the United States Congress in 2012. Tabone and Savino are New York City Republican Party officials. Savino is the chairman of the Bronx County Republican Party and Tabone is the vice chairman of the Queens County Republican Party. Their duties include endorsing candidates for public office and voting on Wilson Pakula certificates. In November 2012 Smith agreed with Halloran an undercover FBI agent posing as a wealthy real estate developer (the UC) and a cooperating witness (CW) to bribe New York City Republican Party county leaders in exchange for their issuance of Wilson Pakula certificates that would enable Smith to run as a Republican candidate for New York City mayor in 2013. When asked by the UC what he wanted in exchange for his help securing the certificates Halloran said that he wanted to get his “mortgage situation resolved ” and that if Smith was elected mayor he would expect to be named deputy police vommissioner if he asked for the job. He also solicited and received from the UC and the CW approximately $20 500 in cash for himself. In furtherance of the scheme Halloran arranged for the UC and the CW to meet Tabone and Savino and negotiated the amounts of the cash bribes to be paid by the UC and the CW to Tabone and Savino on Smith’s behalf. Halloran told the UC and the CW that “You gotta get [Savino] business but put 25 in an envelope....Tabone is 25 up front 25 when the Wilson Pakula is delivered.” After his meeting with the UC and the CW Savino accepted $15 000 in cash and agreed to accept another $15 000 after he formally approved Smith’s appearance on the 2013 Republican ballot for New York City mayor. After meeting with the UC and the CW Tabone accepted $25 000 in cash and agreed to accept another $25 000 after his committee approved Smith’s appearance on the 2013 Republican ballot for New York City mayor. In exchange for the payment of bribes to Tabone and Savino by the UC and CW in his capacity as a New York State Senator Smith agreed to help obtain $500 000 in New York State funds for road work that would benefit a real estate project in Spring Valley that Smith understood was being developed by a company controlled by the UC and CW (the company). Bribery of Halloran to Steer City Council Discretionary Funding Since August 2012 to the present Halloran accepted approximately $18 300 in cash bribes and approximately $6 500 in straw donor campaign contribution checks from the UC and the CW in exchange for agreeing to steer up to $80 000 in New York City Council discretionary funding to the company. For example at a meeting on September 7 2012 at which Halloran and the UC discussed Halloran’s need to raise money for his congressional campaign Halloran agreed to hire someone of the CW’s choosing for a congressional staff or some equivalent position and to help him raise money for his campaign. During the discussion Halloran said “That’s politics that’s politics it’s all about how much. Not whether or will it’s about how much and that’s our politicians in New York they’re all like that....And they get like that because of the drive that the money does for everything else. You can’t do anything without the f—ing money.” During the meeting the CW paid Halloran $7 500. Near the end of the meeting Halloran remarked “Money is what greases the wheels—good bad or indifferent.” In furtherance of this scheme Halloran wrote two letters on New York City council letterhead about this funding one to civic organizations and the other to the company. Despite suggesting in these letters that work would be done by the company to support the allotment of up to $80 000 Halloran agreed with the UC and the CW that the company would provide no services. Bribery of the Spring Valley Mayor and Deputy Mayor Noramie Jasmin and Joseph Desmaret were sworn in as mayor and deputy mayor of the Village of Spring Valley New York in December 2009. From September 2011 through the date of the complaint Jasmin and Desmaret accepted financial benefits from the UC and the CW in exchange for official acts. Desmaret accepted approximately $10 500 worth of cash bribes from the UC and the CW in exchange for among other things his vote in favor of a sale of land owned by Spring Valley to the company a company he believed was controlled by the UC and that would be used to build a community center (the “real estate project”). In exchange for her vote awarding the real estate project to the company Jasmin demanded a partnership interest in the company stating “So for me it’s better for us to partner that’s what I said to you before; a partnership will be best.” When the CW later suggested that Jasmin have a 20 percent stake in the project she replied “Partnership is 50-50 right?” In support of the scheme Jasmin coached the UC on how to make his presentation to the Spring Valley Village Board of Trustees about why the board should award the real estate project to his company. She also coached two other individuals whom she understood were associates of the UC and who would pose as competing developers but who were actually undercover FBI agents on how to make their presentation to the Village Board. In addition both Jasmin and Desmaret agreed to steer to the UC’s company the New York State funding for road work that Smith agreed to help the CW and the UC obtain. * * * Charts containing the names ages residences charges and maximum penalties for the defendants are below. Mr. Bharara praised the investigative work of the FBI. He also thanked the Rockland County District Attorney’s Office and the Spring Valley Police Department for their invaluable assistance to the investigation. This case is being handled by the Office’s White Plains Division and Public Corruption Unit. Assistant U.S. Attorneys Douglas B. Bloom and Alvin Bragg are in charge of the prosecution. The charges contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty. * * * United States v. Malcolm A. Smith et al. Defendant Residence Age Malcolm Smith Queens New York 56 Daniel Halloran Queens New York 42 Vincent Tabone Queens New York 46 Joseph Savino Rockland County New York 45 Noramie Jasmin Spring Valley New York 49 Joseph Desmaret Spring Valley New York 55 Count Charge Defendants Maximum Penalty One Wire fraud and Travel Act bribery conspiracy Malcolm Smith Daniel Halloran Vincent Tabone Joseph Savino Five years in prison Two Wire fraud Malcolm Smith Daniel Halloran Vincent Tabone Joseph Savino 20 years in prison Three Hobbs Act Malcolm Smith 20 years in prison Four Wire fraud Daniel Halloran 20 years in prison Five Mail fraud Noramie Jasmin 20 years in prison Six Mail fraud Joseph Desmaret 20 years in prison Google +

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