New York City Trucking Summons Matters - What are They and What Needs to be Done about Them?
By Don Murray
New York City aggressively targets trucks and trucking companies for pink trucking summonses relating to violations of the enormous variety of local, state, and Federal trucking regulations. On their face, some of these summonses carry staggering fines and many are actually crimes. These pink trucking summonses are returnable to Criminal Court. Further, most of the time, the summonses are made out in the name of the corporation that owns the trucks involved, making the summonses the corporation's problems.
Corporation Must Have a Lawyer
If the ticket is written in the name of an corporation, that means that under New York law, an attorney must appear for the corporation. Even if the corporation is really a one person operation and one person is the president, CEO, and everything else, the corporation must be represented by a lawyer.
If Your Corporation is Being Sent to Criminal Court, Send a Criminal Lawyer
An officer of a corporation responsible for obtaining counsel for the corporation has an obligation under the law to act in the best interests of the corporation. Therefore, if a corporation is being sent to Criminal Court, it would make sense that the safest solution would be to engage the services of a lawyer with experience in Criminal Court, not necessarily the lawyer who writes and negotiates contracts for the corporation or who advises the corporation regarding business issues. Most civil lawyers have zero experience in Criminal Court, while Criminal Court has its own rules, traditions, and ways of doing things.
Shalley and Murray is a criminal defense only firm that has been operating in New York City for more than 20 years. We have more than 20 years experience with Criminal Court trucking summonses, regularly appearing for small and large corporations. We handle cases for corporations with just one truck and we handle cases for corporations with fleets of trucks. Our experience and understanding of Criminal Court at all levels allows us to be able to resolve these matters quite efficiently, for reasonable, corporate-friendly flat, fixed fees.
If you are going to Criminal Court, bring a Criminal lawyer. Otherwise, you are bringing a knife to a gunfight.
Expected Outcomes in Criminal Court
Our experience with trucking summonses is that we are routinely able to resolve them without the need for extensive litigation (meaning lower costs for the corporation) and in many cases we are able to obtain the dismissal of summonses outright upon showing proof that the alleged violations were repaired. In some cases, repair is impossible, where, for example, there is an allegation that a particular load was unsecured on a particular date. In those cases, we are often able to negotiate reasonable (meaning low cost to the corporation) settlements. Where necessary, we can bring to bear extensive Criminal Court litigation experience.
Our fees in these matters are reasonable, corporate-friendly, fixed fees, as opposed to hourly billing fees that make opening the bill always a surprise. Our bill will never be surprise.
Call 718-268-2171 to inquire further about trucking summons matters in New York City Court.