Tom L. Moonis, Esq., P.C.

4 point speed reduced to a zero point parking ticket at a Hauppauge Traffic and Parking Violations Bureau today

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Some Traffic courts are opening up, SCTPVA (Hauppauge) still closed.

Suffolk to start booting, towing vehicles over unpaid tickets If you have any outstanding parking or traffic tickets in Suffolk County, now might be a good time to try to pay them off. Suffolk officials announced they will start booting and towing vehicles of ow

Lake Grove Traffic Court

Client #1. 6pt speed in a school zone reduced to a zero point jaywalking ticket $125 fine (must complete defensive driving course)

Client #2 2 Pt stop sign violation reduced to a zero point jaywalking ticket, $125 fine

Nassau District Court- Hempstead Friday 11/8/2019

My client had 10 tickets including 2 misdemeanors. All dismissed!

Call me 631-513-0742 or email me [email protected]

Tom L. Moonis, Esq., P.C. updated their website address.

Please check out www.Moonislaw.com and give me some feedback and possible changes

Exceptional legal service I have been practicing law for 28 years specializing in Real Estate closings representing lenders, buyers and sellers. I also handle traffic cases, all moving violations.

Today in TPVA Hauppauge..

6 point speed reduced to 3 point lane violation and

6 point speed reduced to 0 point parking ticket.

Don’t plead guilty to traffic infractions, contact me.

[email protected]
631-513-0742

$60 expired inspection ticket dismissed tonight, no fine

Today traffic court In Hauppauge...

First client: 5 point cell phone ticket reduced to a zero point parking ticket.

Second client: 3 point stop sign violation reduced to a zero point parking ticket

Thursday June 20.

5 pt cell phone ticket reduced to 3 Pts
6 pt speeding ticket reduced to 0 pts
3 pt stop sign vio reduced to 0 pts

Don’t plead guilty to traffic moving violations, call me!

5 point cell phone violation reduced to a 0 point parking ticket in Hauppauge Traffic and Parking Violation Bureau today

6 point speed reduced to 0 point parking ticket, equipment violation dismissed at Hauppauge Traffic Parking Violation Bureau.

Don’t plead guilty to your tickets!! Call me.

5 point cell ticket reduced to a parking ticket, 0 points.

Don’t plead guilty, get in touch with me first.

Kids with physical or mental disabilities can face academic hurdles for a variety of reasons. But parents can take advantage of federal laws to help ensure their children's special needs are met.

Section 504 of the U.S. Rehabilitation Act of 1973 is designed to help parents of students with physical or mental impairments in public schools, or publicly funded private schools, work with educators to design customized educational plans. These 504 plans legally ensure that students will be treated fairly at school.

504 Plan Basics
Students can qualify for 504 plans if they have physical or mental impairments that affect or limit any of their abilities to:

walk, breathe, eat, or sleep
communicate, see, hear, or speak
read, concentrate, think, or learn
stand, bend, lift, or work
Examples of accommodations in 504 plans include:

preferential seating
extended time on tests and assignments
reduced homework or classwork
verbal, visual, or technology aids
modified textbooks or audio-video materials
behavior management support
adjusted class schedules or grading
verbal testing
excused lateness, absence, or missed classwork
pre-approved nurse's office visits and accompaniment to visits
occupational or physical therapy
The goal of 504 plans is for students to be educated in regular classrooms along with the services, accommodations, or educational aids they might need. If students with these plans can't achieve satisfactory academic success, as is determined by the school, then alternative settings in the school or private or residential programs can be considered.

504 Plans vs. IEPs
A 504 plan is different from an individualized education program (IEP). The main difference is that a 504 plan modifies a student's regular education program in a regular classroom setting. A 504 plan is monitored by classroom teachers. A student with an IEP, as part of the Individuals with Disabilities Education Act (IDEA 2004), may receive different educational services in a special or regular educational setting, depending on the student's need. IEP programs are delivered and monitored by additional school support staff.

Also, parental approval and involvement is required for an IEP, but not for a 504 plan. Full parental participation in the 504 plan process, however, is important for the student's academic success.

It's important to note that students with IEPs are also entitled to the additional protections and services offered by 504 plans. Students with IEPs might benefit from a 504 plan, for example, if they're moving from a special education setting to a regular classroom.

Evaluation and Referral
A 504 plan should be considered when a student isn't benefiting from instruction due to a physical or mental impairment. The issue can be raised by a parent or legal guardian, teacher, physician, or therapist.

A 504 plan can help when a student returns to school after a serious injury or illness, or when a student isn't eligible for special education services or an IEP, but still needs extra services to succeed academically. Once an educational concern is raised, the school principal or other academic advisor sets up a meeting of a 504 planning team. The team usually consists of parents, the principal, classroom teachers, and other school personnel (such as the school nurse, guidance counselor, psychologist, or social worker).

After reviewing academic and medical records and interviewing the student and parents, the 504 team determines if the child is eligible to have a 504 plan put in place. Sometimes school officials and parents disagree about eligibility. Disagreements also can arise about details within the 504 plan itself. In these cases, parents can make written appeals to the school district or the U.S. Office for Civil Rights.

Reviewing the 504 Plan
Once the plan is developed by the team, all the student's teachers are responsible for implementing the accommodations in the plan, as well as participating in plan reviews.

The 504 plan should be reviewed at least annually to determine if the accommodations are up to date and appropriate, based on the student's needs. Any 504 plan team member, including the parent, may call for a 504 plan review at any time if there is an educational concern or change in the student's needs.

The plan can be terminated if the 504 team determines that the student:

is no longer disabled
no longer requires any special accommodations or services to meet the identified needs
can be appropriately instructed in general education
A Final Word
Parents have the right to choose where their kids will be educated. This choice includes public or private elementary schools and secondary schools, including religious schools. It also includes charter schools and home schools.

However, it is important to understand that the rights of children with disabilities who are placed by their parents in private elementary schools and secondary schools are not the same as those of kids with disabilities who are enrolled in public schools (or placed by public agencies in private schools when the public school is unable to provide a free appropriate public education).

Children with disabilities who are placed in private schools may not get any services or the same services they would have received in a public school.

(From kidshealth.com)

A new twist in defending against red light tickets has occurred in recent years, with the introduction of photographic automated enforcement systems, also known as red light cameras. These devices work by triggering a camera as a vehicle passes over a sensor in the intersection when the light is red. The camera takes pictures of the vehicle’s front license plate and driver. A citation is then mailed to the vehicle’s registered owner, supposedly after a police officer checks the photo of the driver against the driver’s license photo of the registered owner.
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The Driver Is Usually Liable, Not the Owner

In most of the states that allow photo enforcement of red lights, the law states that the driver, not the vehicle’s owner, is liable for the ticket. (New York treats red light camera violations like parking citations, making registered owners responsible without regard to who was driving when the camera snapped the photo.) In states where the driver—not necessarily the owner—is responsible for the ticket, and the owner was not driving at the time of the violation, the owner can fill out an affidavit, swearing that he or she wasn’t driving when the violations occurred.
Get the Photos

The first step to take in fighting a ticket issued by a red light camera device is to get the photographs. In some states, those photos will be mailed to you along with the citation. In other states you will have to make a “discovery” request to get them. When you get the pictures, examine them to see if the picture of the driver bears any likeness to you, and whether the license plate number can be read clearly. For example, Maryland Sen. Alex Mooney successfully fought a ticket for running a red light in 2003 despite a red light camera showing his car speeding through an intersection. Why? Because Mooney was able to prove to a judge that a car thief was behind the wheel of his car.
Was the Device Working Properly?

At a trial, the government (whether represented by the police officer or a prosecutor) must present evidence on how the device works and that it was working properly on the day the citation was issued. The prosecution must also present the camera’s photos showing the vehicle’s license plate and the driver, along with the driver’s license photo of the vehicle’s registered owner.
Possible Defenses

If the images are clear, you can consider mounting the following defense: If no employee from the company that maintains the red light camera device shows up to testify, you should object to the photos being admitted into evidence, saying, “Your Honor, since no one has appeared to authenticate the photographic evidence, I object to such evidence for lack of foundation.” If the photographs are excluded, there is no evidence to convict you. (On the other hand, if the judge allows the photos in evidence over this proper objection, you may later have a basis for an appeal if found guilty.)
If the photos are allowed into evidence but the images are not clear, you can consider challenging the photo’s clarity, arguing that the evidence is not convincing enough to convict you. You should not agree to testify unless you can truthfully say that you were not driving the vehicle at the time the picture was taken.
If you ran the light to avoid a serious accident or harm to others, you should make that argument, and it’s possible that the judge may find that you acted out of “necessity,” which may be reason enough to find you not guilty.
In some states, another possible defense to a red light ticket is that of missing or non-visible posted signs that are supposed to warn of photo enforcement. First read the law carefully to find if your state has laws about such warning signs. If you got the ticket in a state that does have specific rules about where and how such warning signs must be posted, go back to the intersection to investigate whether the signs there comply with the law. If they don’t, and you prove that to the court with photos and diagrams, you have a good chance of beating the ticket.

Tom L. Moonis, Esq., P.C. updated their info in the about section.

Tom L. Moonis, Esq., P.C. updated their business hours.

Who Will Speak for You?

The New York Health Care Proxy Law allows you to appoint someone you trust — for example, a family member or close friend – to make health care decisions for you if you lose the ability to make decisions yourself. By appointing a health care agent, you can make sure that health care providers follow your wishes.

Everyone over the age of 18 needs to appoint a health care agent. There are two situations in which a health care agent will be needed:

Temporary inability to make health care decisions – no matter what your age is. For example, you are having an outpatient surgical procedure and are under general anesthesia. Something unexpected happens and a health care decision needs to be made. If you have a health care agent, since you are temporarily unable to make your own decisions, the health care agent may make the decision. Once you become conscious again, the health care agent would no longer have any authority to act;

Permanent inability to make health care decisions – this would arise if you were comatose from a terminal illness, in a persistent vegetative state, suffered from an illness that left you unable to communicate or, if elderly, suffered from senile dementia or Alzheimer's disease. Under these circumstances you would obviously be unable to make your own health care decisions. If you don't have a health care agent, all appropriate medical treatments will be provided to you. If you have appointed a health care agent, your health care agent can be your voice and make your health care decisions according to your own wishes, or your best interests.

Your agent can also decide how your wishes apply as your medical condition changes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own. You may give the person you select as your health care agent as little or as much authority as you want. You may allow your agent to make all health care decisions or only certain ones. You may also give your agent instructions that he or she has to follow. This form can also be used to document your wishes or instructions with regard to organ and/or tissue donation.

Making decisions about how you want to live the remainder of your life and appointing the appropriate person to be your health care agent can be overwhelming. In order to assist in the decision making process, the Department recommends the following steps:

Clarify Values and Beliefs

It is important to consider and to think about your individual wishes as they relate to how you want to live the remainder of your life. Most people don't have any idea how to begin to think about this or begin a discussion about this. Many people are finding that using tools, such as a values assessment, may help to pinpoint key feelings and opinions about how they want to live the remainder of their lives. Such tools can be found at the following web sites:

Choose a Spokesperson

Choosing a health care agent who will speak for you and make decisions when you are unable is a very important task that each adult needs to make, regardless of age or health care status. Your agent will advocate for your preferred treatment and ensure that your wishes are carried out at a point in time when you cannot speak for yourself.

Once your agent is chosen, it is very important to share your wishes, thoughts and opinions about how you want to live the remainder of your life with your agent. A person will not be able to predict every scenario that may present itself in a health care situation. As such, explaining your thoughts, feelings and preferences will give your agent the information necessary to make decisions on your behalf.

Discuss Your Wishes

It is important to discuss your wishes with your health care providers, particularly your primary care provider. This information will enable your providers to care for you in a manner that is consistent with your wishes.

Why You Need a Living Will

A Living Will states your wishes regarding life support in the event that you cannot communicate your end-of-life wishes yourself. Your Living Will only comes into effect if you are in a persistent vegetative state or irreversible coma and can no longer make and communicate your own wishes. A Living Will spares your family the anguish of making life-support decisions without your input. A Living Will also ensures that your doctor understands your end-of-life wishes and treats you accordingly.

Any person over age 18 may (and should) create a Living Will. Common reasons that individuals create a Living Will include:
Declining health
To designate a specific person to make health care decisions for you
The possibility of surgery or hospitalization
Desire to state your wishes so that it is more likely that they will be carried out
Diagnosis of a terminal condition with no hope of recovery
Living Wills can be very specific or very general. Living Wills that are too general may not provide sufficient direction and serve only to create confusion and conflict between medical personnel, your health care agent, and your loved ones. More specific Living Wills are preferred. These are shown to be most successful when they include informed, thoughtful reflection on your wishes and values supported by personal communication between you and your health care agent before a medical crisis occurs.

Recently, Living Wills have moved away from focusing on specific treatments and medical procedures to focus on patient values, personal goals, and health outcome states. For example, a Living Will might: designate an agent to make care decisions; dictate what kind of life support treatment that patient does or does not want; discuss pain management, personal grooming and bathing instructions; address how the patient wants to be treated, including religious, spiritual, and emotional support; and detail funeral or memorial plans.

Advantages of Incorporating

Before forming a corporation, a business owner or prospective business owner should become familiar with the advantages and disadvantages of incorporating.

Advantages of Incorporating

The following are some of the advantages that a corporation has over other forms of businesses, such as sole proprietorships and partnerships.

Limited Liability

The main reason for forming a corporation is to limit the liability of the owners. In a sole proprietorship or partnership, the owners are personally liable for the debts and liabilities of the business, and in many instances, creditors can go after their personal assets to collect business debts. If a corporation is formed and operated properly, the owners can be protected from all such liability.

Example: If several people are in partnership and one of them makes many extravagant purchases in the name of the partnership, the other partners may be held liable for the full amount of all such purchases. The creditors may be able to take the bank accounts, cars, real estate, and other property of any partner to pay the debts of the partnership. If only one partner has money, he or she may have to pay all of the debts run up by all the other partners.

When doing business as a corporation, the corporation may go bankrupt and the shareholders may lose their initial investment, but the creditors cannot touch the personal assets of the owners.

Example: If a person owns a taxi business as a sole proprietor and one of the drivers cause a terrible accident, the owner can be held liable for the full amount of the damages. If the taxi driver was on drugs and killed several people, and the damages amount to millions of dollars more than the insurance cover­ age, the owner may lose everything he or she owns. On the other hand, if the business is formed as a corporation, only the corporation would be liable, and if there was not enough money, the stockholders still could not be touched personally.

An example that carried this to the extreme follows.

Example: There was once a business owner who had hundreds of taxis. He put one or two in each of hundreds of different corpora­tions that he owned. Each corporation only had minimal insurance and when one taxi was involved in an accident, the owner only lost the assets of that corporation.

NOTE: If a corporate officer or shareholder personally does something negli­gent, signs a debt personally, or guarantees a corporate debt, then the corporation will not protect him or her from the consequences of his or her own act or from the debt.

Also, if a corporation does not follow the proper corporate formalities, it may be ignored by a court and the owner may be held personally liable. The formalities include having separate bank accounts, holding meetings, and keeping minutes. When a court ignores a corporate structure and holds the owners liable, it is called piercing the corporate veil.

Perpetual Existence

A corporation may have a perpetual existence. When a sole proprietor or partner dies, the assets may go to the heirs, but the business no longer exists. If the heirs of the business owner want to continue the business in their own names, they will be considered a new business, even if they are using the assets of the old business. With a partnership, the death of one partner may result in dissolution of the business.

Example 1: If a person dies owning a sole proprietorship, his or her spouse may want to continue the business. That person may inherit all of the assets, but will have to start a new business. This means getting new licenses and tax numbers, re-registering the name, and establishing credit from scratch. With a corporation, the business continues with all of the same licenses, bank accounts, etc.

Example 2: If one partner dies, a partnership may be forced out of business. The surviving heirs can force the sale of their share of the assets of the partnership, even if the remaining partner needs them to continue the business. If the other partners do not have the money to buy out the heirs, the business may have to be dissolved. With a corporation, the heirs would only inherit stock. With properly drawn documents, the business could continue.

Stock

Stock is the ownership interest in the corporation. The corporation issues shares of its stock to the people or entities who will own the corporation. A corporation can have very few shares of stock or millions of shares. The shares can all represent the same rights in the corporation or there can be different classes of shares with different rights, such as common stock or preferred stock. Stock can be designated with or without par value, which is usually the minimum amount paid for stock.

Ease of Transferability

A corporation and all of its assets and accounts may be transferred by the simple assignment of a stock certificate. With a sole proprietorship or partnership, each of the individual assets must be transferred, and the accounts, licenses, and permits must be individually transferred.

Example: If a sole proprietorship is sold, the new owner will have to get a new license (if one is required), set up his or her own bank account, and apply for a new federal taxpayer identification number and new state tax account numbers. The title to any vehicles and real estate will have to be put in his or her name, and all open accounts will have to be changed to his or her name. He or she will probably have to submit new credit applications. With a corporation, all of these items remain in the same corporate name.

NOTE: In some cases, the new owners of a corporation will have to submit personal applications for things such as credit or liquor licenses.

Control

By distributing stock, the owner of a business can share the profits of a business without giving up control.

Example: If John wants to give his children some of the profits of his busi­ness, he can give them stock and pay dividends to them without giving away any management control. This would not be possible with a partnership or sole proprietorship.

Raising Capital

A corporation may raise capital by selling stock or borrowing money. A corporation does not pay taxes on money it raises by the sale of stock.

Example: If a corporation wants to expand, the owners can sell off 10%, 25%, or 45% of the stock and still remain in control of the business. Many individuals considering investing may be more willing to invest if they know they will have a piece of the action in the form of tock.

NOTE: There are strict rules about the sale of stock, with criminal penalties and triple damages for violators.

Separate Records

A corporation is required to keep its bank accounts and records separate from the accounts of its stockholders. A sole proprietor or partnership may mix business and personal accounts, a practice that often causes confusion in record keeping and is not recommended.

Extra Tax

There are several tax advantages that are available only to corporations, such as:

Medical insurance for families may be fully deductible<
Tax-deferred trust can be set up for a retirement plan
Losses are fully deductible for a corporation, whereas an individual must prove there was a profit motive before deducting losses
Estate Planning

Shares of a company can be distributed more easily with a corpora­tion than with a partnership. Heirs can be given different percentages and control can be limited to the appropriate parties.

Prestige

The name of a corporation often sounds more prestigious than the name of a sole proprietor. John Smith d.b.a. Acme Builders sounds like a lone man. Acme Builders, Incorporated sounds as if it might be a large operation. It has been suggested that an individual who is president of a corporation looks more successful than one doing business in his or her own name. The appearance of a business starts with its name.

Separate Credit Rating

A corporation has its own credit rating that may be better or worse than the shareholder's personal credit rating. A corporate business can go bankrupt and the shareholder's personal credit will remain unharmed. Conversely, one shareholder's credit may be bad, but the corporation will maintain a good rating. For example, if one shareholder gets a judgment against him or her, this would usually not affect the business of the corporation, whereas it could put an end to a business that was a partnership.

When you’re ready to start a corporation, LegalZoom is here to help. Answer a few questions in our online questionnaire, we’ll check your answers for consistency and completeness, and file the required documentation with your state. Once your corporation is formed, we send you a final package with all of your documents. We also can help you get in touch with independent attorneys to answer questions about your business.

5 Reasons You Should Create a Last Will

Although Wills and estate planning laws do vary state to state, one rule holds true: if you don't have a Last Will and Testament, the Government makes one for you. That means your assets and estate are distributed according to the generic laws in your state. Generally, this means the government will split your belonging between your next of kin, spouse, and children. But who gets what? And who has to deal with actually distributing your assets? If you don’t make a Will during your life, the rules in your state make these decisions for you. You can create a Will here at Rocket Lawyer now by clicking the button below, but what follows five great reasons everyone should have a Last Will and Testament.
1- To appoint a guardian for your children

No one knows their children better than a parent and, if you pass away without a Last Will and Testament, the State will decide who should care for them. You can choose a guardian for your children in your Will and make sure they’re looked after by someone you love and trust.

2- To protect your business

Making a Last Will and Testament (and using Living Trusts) is a good way to pass your company to your heirs or the co-owners of your business. A full 70% of family owned businesses do not last past the first generation and the main reason for this is lack of estate planning.

3- To decide who receives your assets

Whether it’s a family heirloom, a classic Corvette, or your savings, you should decide who receives your belongings after you die, not generic state rules. These rules might not meet your wishes and never include provisions for those not related to you, like close friends or mentors. Make sure your loved ones get the assets you want them to receive.

4- To provide for a favorite charity

Wills don’t have to be just for friends, family, and loved ones. They can also be used for altruism. Including a charity in your Will is a great way to give back and make sure your assets are used for a good cause.

5- To make a difficult time less difficult

Losing someone is incredibly hard, and the last thing any of us want to do is spend those hard times haggling with lawyers and family members. Making a Will keeps your loved ones from having to deal with bureaucracy in a time of sadness.

Pay driver responsibility assessment
What is a driver responsibility assessment?
The driver responsibility assessment is a fee you must pay to DMV over a three year period if you are convicted of certain traffic offenses in New York State or accumulate 6 or more points on your driving record within 18 months. This fee is in addition to any fines, penalties or surcharges that you must pay for a traffic conviction. The purpose of the assessment is to prevent the repeated behavior of problem drivers and to improve traffic safety.

Who must pay?
Effective November 18, 2004, you must pay a driver responsibility assessment if

you were convicted of an alcohol or drugged driving-related traffic offense while driving a motor vehicle, boat, or snowmobile in New York State
you were found to have refused to take a chemical test for blood alcohol content in New York State
you received 6 or more points on your NYS driver record within an 18 month period for convictions of traffic offenses committed in New York, Quebec or Ontario
You must pay the driver responsibility assessment whether you have a driver license issued by New York State, another jurisdiction or if you do not have a driver license.

How much do I have to pay?
The amount depends on the type of violation or the total number of points on your driving record.

If you are convicted of an alcohol or drugged driving-related offense or if you refuse to take a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.
If you receive 6 points on your driver record for violations committed during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300. If you receive more than 6 points on your driver record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point in addition to the original 6 points.
If you must pay a driver responsibility assessment, DMV will send you a statement with the amount you owe. You must pay at least the minimum amount by the payment date or your driver license will be suspended. You can also pay the full assessment. 1

The amount you owe may increase if you are convicted of additional offenses after your statement is issued. 2

Pay online
You can pay online using a credit or debit card. 3 You must pay at least the minimum amount or you can pay the full assessment. Your name and address on DMV records must be correct. 4

You must provide

the last four digits of your Social Security Number
your DMV ID Number (Client ID Number) from your NYS driver license, learner permit or non-driver photo ID card (see where to find information on your driver license), or
your full name, date of birth and gender
If your driver license is suspended because you did not pay an assessment, the suspension will be removed after your payment is processed.

To check if a suspension has been removed or to get information about the status of your driver license, sign up for a MyDMV.

Pay Driver Responsibility Assessment online

By mail
Send the minimum amount on your DRA statement before the payment date to:

DRA Processing Center
State Office Building
P.O. Box 359
Utica, NY 13503

You must enclose a check or money order payable to Commissioner of Motor Vehicles. Starter checks, cash, or credit cards cannot be accepted. Do not include any other DMV fees or fines.

At a DMV office
Bring a check or money order payable to Commissioner of Motor Vehicles for at least the minimum amount on your statement to your local DMV office.



What happens if I do not pay?
If you do not pay the driver responsibility assessment by the payment date on your statement, DMV will suspend your driver license, your learner permit, or your driving privileges.

What do the dates on my statement mean?
violation date - date that the incident occurred (the date you received the ticket)
conviction date - date you were found guilty of the violation at a traffic court or DMV hearing
assessment date - date that DMV enters the violation on your record - DMV uses the date of the original assessment to determine the annual statement dates and to check your driver record for new incidents
annual statement date - date that DMV issued your statement
payment date - final date that you can pay a driver responsibility assessment to avoid a suspension of your driver license, learner permit, or driving privileges