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Times of Wayne County. (Macedon, New York) 1996-current, May 08, 2011, Image 18

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Page 18 ■ Times of Wayne County waynetimes.com | May 8, 2011 Legal Briefs by Attorney Cynthia Kukuvka My license is suspended.-why? Q. My Driver’s license was suspend­ ed due to an insurance lapse. I took the suspension period, which ended several months ago. Now I just got stopped for a speeding ticket, and guess what? My license is still suspended. Why. A. You know why your license was suspended, that helps in taking care of the problem. Not all folks remember why their license was suspended. There are many ways that a license can be suspend­ ed. If you don’t know why it has been suspended, your first step is to visit your local DMV office and request a copy of your driving abstract. There is a fee for receiving a copy. The driving abstract is a history of your driving record, and will go back several years. By reviewing this you can determine why your license was suspended and by whom. DMV can suspend your license for a variety of reasons: 11 or more points on your license in any 18 month period, hav­ ing no insurance or an insurance lapse at any time, or failure to pay the state man­ dated Driver’s Assessment Fee. The Sup­ port Collection Unit can suspend your license for failure to pay child support. The Courts can suspend your license as part of a sentence for violations of the vehicle and traffic law, and some penal laws. The Courts can also suspend your license for failure to appear in Court after you were given a ticket, or for failing to pay a fine to the Court once directed to. DMV can also revoke your license for 3 speeding tickets in 18 months, having a DWI conviction. These are just some of the ways to get your license revoked. Depending on why your license was suspended or revoked - you can know how to correct the problem. If your li­ cense was suspended by the Support Unit, you need to contact the Support Collection Unit and make arrangements to pay your back due child support. If the suspension is due to an insurance lapse, you will need to deal directly with DMV to pay a civil penalty and except the ad­ ditional consequence of having your li­ cense suspended for a definite period of time. If the Court has suspended you for not showing up in Court, or failing to pay a fine once it has been imposed, you will need to track down the Court appear and then pay your fines and a lift fee to have your license reinstated. If the suspension is due to a bad driving record, you may have to wait out the period before you can apply for your license. NOTE: you have to reapply for your license with DMV if you have been sus­ pended. Most people think they only need to go down to DMV if their license is revoked, not suspended, and think (incorrectly) that if your licenses is sus­ pended for a defined period of time, once the time is over you have your license back. Not the case. You need to go to DMV pay a reinstatement fee, then the suspension is lifted. If you don’t visit DMV, your license remains suspended... even if the time has run out. If you license has been revoked, you need to visit DMV, pay the reinstatement fee, and reapply for the license, which may mean going through a written test, and driving test. Once you pass the driv­ ing test, then you will be on probation, once again, just as you where when you first got your license. You also need to get a copy of your driving abstract to check to see if some­ one else has been ‘borrowing’ your name. We just had a case in Court today that a ‘gentleman’ was ticketed in December, gave an incorrect name - he named his friend (I’m sure that friendship will last!) and the tickets were issued in his friend’s name. Now the person who’s name he gave doesn’t even know he has the tick­ ets (and in this case, really doesn’t know because the Defendant was stopped for a burglary, and when they searched the car, found the original tickets), yet the person he named could have ended up with his license suspended for failure to appear in Court - even though he didn’t do anything wrong. In the case of our Defendant today, now that we have de­ termined who is really is, not only did he get the original tickets, in his real name, but also has been charged with criminal impersonation for setting up his ‘friend’. The tickets against the other named per­ son were dismissed. If you are having trouble wading though what has to be done, contact an Attorney to help you. This may be really important if you have numerous suspen­ sion for a variety of different reasons. As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs. If you have a question for Attorney Ku­ kuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522. PLAIN TRUCK & AUTO PARTS USED & NEW PARTS FOR CARS & TRUCKS ( 315 ) 483-1680 6138 BOYD RD. • SODUS, NY JOHN PLAIN • DISMANTLER #7100236 DWI DEFENSE CRIMINAL LAW Free Initial Consultation • Providing Legal Services Since 1910 TREVETT CRISTO SALZER & ANDOLINA P.C. ATTORNEYS AT LAW 585 - 454-2181 Offices in Ontario, Penfield and Rochester • visit us online at: www.trevettlaw.com D omestic V iolence R eports Wayne County Sheriff’s Deputy Joe Ayotte reported the arrest on Tuesday (4/26) at 5:39 p.m. of Jen­ nifer D. Torrellas- Reynolds, age 31, of Route 104 in Sodus following an investi­ gation into a domestic dispute. It is alleged that Jenni- ferpunched her sister in the head, and pulled her hair. While the sister was holding her 4 month old baby. Torrellas-Reynolds was charged with Endangering the Welfare of a child, arraigned in the Sodus Town Court and released to appear at a later date. Palmyra Village Police reported the arrest on Saturday (4/30) of Christopher P. Fowler, age 38, of Sleight Road in Newark for Criminal Contempt in the 2nd Degree. It is al­ leged that Fowler violated a Court Order of Protection ordering him to stay away from 500’ from a girl. He violated that order by visiting an apartment across from hers. He will appear in Palmyra Vil­ lage Court on May 10th. Lyons Village Police reported the arrest on Monday (5/2) night of Bran­ don Impson, age 19, of Elmer Street, in t o p h e r Lyons for Assault in the 3rd De­ gree and Criminal Mischief in the 4th Degree. It is al­ leged that on April 26th, Imp- son struck the mother of his child and dam­ aged a window at her residence. He will appear in Lyons Village Court on 5/11. State Trooper John Morgan, assisted by Deputy Laura Hinz, responded to a report of a domestic incident at 5322 Fosdick Road in the Town of Walworth on Saturday (4/30) at 7:25 p.m. According to police, Jeffrey M. Luck, age 45, allegedly pulled his wife down by the hair and raised a closed fist over her threatening to beat her. A 16 year-old daughter intervened, police ar­ rived and Luck was taken into custody, charged with Harassment in the 2nd De­ gree, arraigned and released to return to Walworth Town Court on May 24th. A Court Stay Away Order was issued. The Wayne County Office of the Sher­ iff reported the arrest on Tuesday (5/3) of Gary A. Ever dyke, age 58, of North Wayneport Road, in the Town of Mace- don for Ha- rassment in the 2nd Degree and Criminal Obstruc­ tion of Breathing. It is al­ leged that Everdyke grabbed his wife by the throat and threw her to the floor. Everdyke was arraigned at the Town of Macedon Court and remanded to the Wayne County Jail in lieu of bail. Everdyke will reappear in the Town of Macedon Court on a later date to answer to the charge. New York State Troopers assisted at the scene. The Wayne County Office of the Sher­ iff reported the arrest on Saturday (4/30) at 9:21 p.m. of Jason C. Norcott, age 37, of Lockpit Road, in the Town of Galen for two counts of Endanger­ ing the Welfare of a Child and one count of Harass­ ment 2nd. It is alleged that Norcott began yell­ ing at his wife, bumped his chest up against her, and threw a candle at her, all in the presence of their 13 and 14 year old children. Norcott was arraigned at the Town of Galen Court and released on his own recognizancence. Norcott will reappear in the Town of Galen Court on a later date to answer to the charge. The New York State Troopers, the New York State DEC and Clyde Police Department assisted at the scene. Palmyra Village Police reported the ar­ rest on Wednesday (5/4) night of Chris- Degree, Menacing in the 2nd Degree and Criminal Obstructing of Breath. It is alleged he shoved his live-in girlfriend, held scissors to her throat and choked her. Fosdick was arraigned and released on his own recognizance with a Court Order of Protection for the girl. He will reappear in Palmyra Village Court on June 14th. nIVLLOFYOUR HOMEOW n S s HI p T .NEEDS ARE JUST ONE CALL AWAY!. ■ Dave Keukelaar k M . M e S e o M Sales Agent M m \ I C o l u m b u s ! ^ (315)986-3200 x108 \ m (585) 269-4258 U

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