Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
March 23, 2015 01:33PM
Unfortunately, a misspelled name, wrong address and/or wrong ID number in and of themselves do not render your texting ticket fatally defective. Of course, these are arguments that you should raise at your hearing (there may very well may be other good arguments to raise too) but they do not guarantee a dismissal.

Matthew Weiss

Hello
I received a texting ticket for using my phone as my radio. The officer said it would be 5 points. He misspelled my name, my address and wrote in my ID number incorrectly. Is this grounds for dismissal? Thank you.


askanewyorker Wrote:
-------------------------------------------------------
> Hello
> I received a texting ticket for using my phone as
> my radio. The officer said it would be 5 points.
> He misspelled my name, my address and wrote in my
> ID number incorrectly. Is this grounds for
> dismissal? Thank you.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
March 23, 2015 01:35PM
You do have to answer this Florida ticket. If you do not, your privilege to drive in Florida will be suspended and NY will honor that suspension. This ticket will NOT transfer as points onto your NY license, however. Florida will give you points down there, however. The best way to fight this it to retain a Florida traffic lawyer (like Ticket Clinic). Down there, they only charge around $79 and usually get good results. Good luck!

Matthew Weiss

askanewyorker Wrote:
-------------------------------------------------------
> hello i received a improper turn ticket in florida
> i live in new york, do i have to answer this and
> is there a way to fight it through the mail and
> how many points is it if i just pay the fine
Re: Ask a New York Traffic Lawyer
March 26, 2015 12:37PM
Hello. I received a ticket in 2012 for Unlicensed GT 60 days in Brooklyn. I was given a court date but was unable to appear because I was incarcerated on a separate charge. The fines for that ticket total $520. Initially I was going to argue that I was not driving unlicensed. However, after a recent visit to the DMV, I learned that my license had been suspended since 2004. I was not aware of this at the time of the ticket. My questions are: is it worth reopening? Is not knowing my license was suspended a valid defense? Would that at least reduce the fines? What's my best possible outcome? Should I look into a lawyer?

Thanks In Advance,
Hugh
Re: Ask a New York Traffic Lawyer
March 27, 2015 08:23AM
I received a ticket for making a turn in Manhattan. The violation is 1163a and the officer said the points wouldn't go onto my NJ license and all I have to do is pay the $138. Is this true? I might consider just paying $138 if it won't show up on my NJ record but if it does I'll need to fight it because I used my turn signal when I made the turn on a green light.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
March 27, 2015 09:12PM
Hugh,

You must pay this ticket. You will NOT be able to re-open the default conviction in my opinion and, even if you do, you will not be able to win given that you did not have a license on that date (and there is no requirement that you know this information for a violation of VTL 509).

Matthew Weiss

Hugh Wrote:
-------------------------------------------------------
> Hello. I received a ticket in 2012 for Unlicensed
> GT 60 days in Brooklyn. I was given a court date
> but was unable to appear because I was
> incarcerated on a separate charge. The fines for
> that ticket total $520. Initially I was going to
> argue that I was not driving unlicensed. However,
> after a recent visit to the DMV, I learned that my
> license had been suspended since 2004. I was not
> aware of this at the time of the ticket. My
> questions are: is it worth reopening? Is not
> knowing my license was suspended a valid defense?
> Would that at least reduce the fines? What's my
> best possible outcome? Should I look into a
> lawyer?
>
> Thanks In Advance,
> Hugh
Matthew Weiss
Re: Ask a New York Traffic Lawyer
March 27, 2015 09:13PM
Ryan,

This NY traffic ticket carries 2 points in NY and WILL transfer as 2 points onto your NJ license. The police officer was mistaken.

Matthew Weiss

Ryan Wrote:
-------------------------------------------------------
> I received a ticket for making a turn in
> Manhattan. The violation is 1163a and the officer
> said the points wouldn't go onto my NJ license and
> all I have to do is pay the $138. Is this true? I
> might consider just paying $138 if it won't show
> up on my NJ record but if it does I'll need to
> fight it because I used my turn signal when I made
> the turn on a green light.
Hello,

I received a 6001a ticket today, leaving the scene of a property damage accident. The ticket shows that it is only a traffic infraction. I am going to plead not guilty, I am wondering will/can I lose my license for this? Can they suspended my license for this offense? I have no prior convictions or tickets for this offense. What can I expect? Please help!!
Matthew Weiss
Re: Ask a New York Traffic Lawyer
April 02, 2015 09:48PM
Alyssa,

You likely will not lose your license for this one offense (although it is possible). With that said, it is a serious charge and, outside of the Traffic Violations Bureau, could lead to up to 15 days in jail. We, therefore, recommend that you retain an experienced NY traffic ticket lawyer.

Matthew Weiss
212-683-7373

Alyssa Harnish Wrote:
-------------------------------------------------------
> Hello,
>
> I received a 6001a ticket today, leaving the scene
> of a property damage accident. The ticket shows
> that it is only a traffic infraction. I am going
> to plead not guilty, I am wondering will/can I
> lose my license for this? Can they suspended my
> license for this offense? I have no prior
> convictions or tickets for this offense. What can
> I expect? Please help!!
Hello,

I was speeding home because my mom was going to the hospital for her liver. It was 11:18 PM and I was doing 82 on the Meadowbrook Higway and the speed limit was 55. I was honestly not looking at my speed and in my mind I was panicking and being a stupid driver. I never speed and had a clean record.

The police officer pulled me over and I explained to him what was going on. He saw I have a clean record and instead of a speeding ticket he gave me a VTL 1110A. I think he gave me a huge break. He did not even list my mph on the ticket.

Should I even try to fight this to get it all reduced to have no points? My only concern is I do not want my insurance rate to get highered. I have no problem with the fine and I do not want to push my luck. The officer was very kind in cutting me a break.

If I should not fight it, will this ticket make my insurance go up and can I do something to get rid of the two points?

Thank you
Matthew Weiss
Re: Ask a New York Traffic Lawyer
April 09, 2015 11:04AM
Christopher,

The officer did give you a nice break. If you have an otherwise clean record, then you may not want to fight this further. A disobey traffic control device ticket s a relatively minor traffic ticket that carries only 2 points.

Matthew Weiss

Christopher Ptak Wrote:
-------------------------------------------------------
> Hello,
>
> I was speeding home because my mom was going to
> the hospital for her liver. It was 11:18 PM and I
> was doing 82 on the Meadowbrook Higway and the
> speed limit was 55. I was honestly not looking at
> my speed and in my mind I was panicking and being
> a stupid driver. I never speed and had a clean
> record.
>
> The police officer pulled me over and I explained
> to him what was going on. He saw I have a clean
> record and instead of a speeding ticket he gave me
> a VTL 1110A. I think he gave me a huge break. He
> did not even list my mph on the ticket.
>
> Should I even try to fight this to get it all
> reduced to have no points? My only concern is I do
> not want my insurance rate to get highered. I have
> no problem with the fine and I do not want to push
> my luck. The officer was very kind in cutting me a
> break.
>
> If I should not fight it, will this ticket make my
> insurance go up and can I do something to get rid
> of the two points?
>
> Thank you
Hi Mr. Weiss, i was reading the other questions, very interesting.
I got a 1172A ticket a few days ago, so officer says i was rolling i was kinda, but i did stop. I t was on Beach Channel Dr.I can't even understand the ticket, how much am i supposed to pay? What if i try to fight it. I don't have points, but somehow after 35 yrs driving, i've been getting ridiculous tickets, Drove thru bus lane, camera got it, i WAS dropping off someone on Lexington Ave in NYC, officers parked their car diagonally front and back, and got a $115.00 dollar ticket, it's truly insane!. Should i fight it,to get it postponed? I am afraid of points. What do you suggest? And where does it say about the points and what amount do I owe?
Thanks,
Mims
Matthew Weiss
Re: Ask a New York Traffic Lawyer Got a vtl 1172A
April 23, 2015 06:12AM
Mims,

This traffic ticket carries 3 NY points and roughly a $160 fine. They are hard to win in NYC because this court does engage in plea-bargaining. If you fight it, however, there is no additional penalty if you lose. Assuming you have no other moving violations on your record, then you may want to just pay this one without fear of suspension or insurance hike (you're call). Of course, if you get another ticket in the next 36 months, then you likely would want to fight that one.

Matthew Weiss

Mims Wrote:
-------------------------------------------------------
> Hi Mr. Weiss, i was reading the other questions,
> very interesting.
> I got a 1172A ticket a few days ago, so officer
> says i was rolling i was kinda, but i did stop. I
> t was on Beach Channel Dr.I can't even understand
> the ticket, how much am i supposed to pay? What if
> i try to fight it. I don't have points, but
> somehow after 35 yrs driving, i've been getting
> ridiculous tickets, Drove thru bus lane, camera
> got it, i WAS dropping off someone on Lexington
> Ave in NYC, officers parked their car diagonally
> front and back, and got a $115.00 dollar ticket,
> it's truly insane!. Should i fight it,to get it
> postponed? I am afraid of points. What do you
> suggest? And where does it say about the points
> and what amount do I owe?
> Thanks,
> Mims
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