New York City OATH Attorney
Put 30+ Years of Legal Experience on Your Side
The Office of Administration Trials and Hearings (OATH) is New York City’s independent administrative law court that is separate from the state court system. It is responsible for holding hearings on summonses issued by various city agencies including but not limited to:
- New York Police Department (NYPD)
- NYC Fire Department
- NYC Department of Environmental Protection
- NYC Department of Transportation
- NYC Department of Parks and Recreation
- NYC Department of Consumer Affairs
- NYC Department of Finance
- Mayor’s Office of Special Enforcement
- Taxi and Limousine Commission
The most commonly issued violation is the OATH Notice of Violation, categorized as follows:
- Class 1 (Imminently hazardous, most serious)
- Class 2 (Major hazard present, serious)
- Class 3 (Least serious)
For instance, you may get ticketed for hitting a pedestrian with your car and it may be categorized as a Class 1 violation as a result. Whatever violation you are ticketed for, you can find peace of mind in knowing that our New York City OATH attorney will invest the time, efforts, and resources needed to help you move forward with your life. We understand that getting an OATH summons can be inconvenient, costly, and frightening, therefore we aim to ease the burdens of your situation by doing the “heavy lifting” for you. This includes gathering evidence and witnesses, formulating a powerful defense after evaluating the details of your matter, appearing at your hearing on your behalf, and more.
Facing a NYC OATH violation? Contact us at (877) 803-2603 to speak with our lawyer today!
OATH Cases We Handle in NYC
As mentioned above, numerous enforcement agencies are eligible to issue OATH tickets, therefore our New York City OATH lawyer is equipped to advocate for clients facing a variety of violations, especially matters involving the failure to yield to a pedestrian. We can defend NYC OATH violations including, but not limited to:
- Traffic accidents involving pedestrians: If you get into an accident involving a pedestrian, you won’t get points added to your driving record but instead, your insurance premiums may increase and you may get sued by the pedestrian for causing the accident.
- Health code violations: Violations involving food, drugs, cosmetics, animals, diseases, sewage disposable, abortions, and more can constitute a violation and thus result in getting an OATH ticket. For instance, restaurants and food carts in NYC may get ticketed for things such as mislabeling ingredients, having an expired permit, and mishandling food preparation equipment.
- Environmental protection violations: Noise, water, and air issues such as construction noise, discolored water, smog, idling vehicles, running hydrants, and clogged catch basins are subject to an OATH summons.
- Sanitation violations: Littering, improper garbage disposal, poor maintenance of trash cans, and similar violations often don’t go unnoticed in NYC, therefore you could easily get an OATH summons for allowing debris to build up in front of your house, for instance.
How OATH Proceedings Work
Each of the five boroughs in NYC has an OATH court. You (the respondent) and your counsel (your attorneys) will appear at the OATH court that was stated on your summons, where a Hearing Officer will hear your case. You will then check-in at the reception area and be asked to sign in or fill out a Notice of Appearance form.
The hearing begins with you and your counsel sitting at a table across from a Hearing Officer, exemplifying how informal the process can be. During the hearing, your counsel will present everything you need to prove your case, including witnesses, records, photographs, or other documents. If the officer who issued the summons appears at the hearing, they will be called in to testify. After hearing both sides of the case, the Hearing Officer may issue a decision either on the same day or by mail on a later date. Typically, both sides receive the decision within 30 days of the hearing.
Once you receive your decision, you must comply with the directions on the order, if any. There are several types of hearing outcomes you may receive, including:
- Dismissal (no penalty imposed): If you win your case, you will not owe any penalties and your NYC OATH violation will be dismissed.
- In Violation (standard penalty imposed): If you are found in violation, you will be subject to a penalty. However, you have the right to appeal your decision.
- Mitigation (reduced penalty imposed): You may get a reduced penalty for certain violations if you attend your OATH hearing, admit guilt, and show that you corrected the condition of concern.
- Stipulation at Hearing (standard penalty imposed): By entering a stipulation, you admit guilt and agree to correct the violation within 75 days. This option is only available for certain violations.
- Default (five times the standard penalty imposed): If you don’t attend your OATH hearing, you will be found in violation and be subject to a penalty five times higher than the standard amount imposed.
Ready to Fight Your OATH Ticket?
You must retain a knowledgeable attorney who is deeply familiar with OATH hearings and proceedings. As such, you can count on our OATH lawyer in New York City to handle your case and guide you every step of the way. Should you hire us, we will begin by reviewing your case, explaining your legal options, and informing you of your rights before formulating a powerful defense strategy on your behalf. Our mission is to get your NYC OATH violation penalties reduced or dropped completely.
If you are facing charges for an OATH violation in NYC, please contact Gannes & Musico, LLP at (877) 803-2603 to start discussing your options today!
