Ask a New York Traffic Lawyer

Posted by askanewyorker 
JOHN HOVING
violation 1110A
February 22, 2017 01:10AM
I received a traffic ticket for taking a left on to madison avenue on 46th street today. I did not have my license and gave the cop my reg and another form of id. The ticket does not have my license # on it no date of birth only motorcycle information. Is there any way to beat this based on the lack of drivers information? thanks
Re: Ask a New York Traffic Lawyer
February 23, 2017 12:27PM
John Hoving,

The omitted license # and date of birth does not render your NYC traffic ticket fatally defective.

Sorry.

Matthew Weiss

Matthew J. Weiss
Weiss & Associates, PC
440 Park Avenue South
Third Floor
New York, N.Y. 10016
212-683-7373
212-726-0135 fax
Outofstate1sttime
Re: Ask a New York Traffic Lawyer
March 12, 2017 08:29PM
Dear Matthew,

I have been reading your advice here on this forum and wondering if you might be able to advise me on my situation. A week ago I was driving in NYC and turned right off of Riverside Dr. southbound (residential street) on to the viaduct going northbound. It's a pretty hard street to turn on to and everyone is driving crazy and fast! I was under the impression that this was a freeway, and there were no posted speed limits for the expanse that I drove (I went back and checked on Google Streetview), which was not a residential street but an overpass (see here: [www.google.com])
^I know none of this is an excuse necessarily, just giving detail.

I was pulled over after maybe 400 yards on the road. An officer told me they caught me on radar further back going 45 and that the speed limit for all of NYC is 25. I provided him my registration. The car is owned by my mother, registered in MD with MD plates, and on her insurance. I have a CA license. The officer began to question me about all these things and I was very scared/flustered. I was not doing anything wrong. I was given a ticket which has a fine of $203.

This is my first ever ticket and I am a very safe driver. I was not driving unsafely. They pulled over three more people even just in the few minutes they were issuing me the ticket.

I live a little more than 3 hours away. I guess I could go back to NYC but I have no idea what I would do to plead guilty. Will this hurt my insurance? Can I fight it?

Thank you so much for your helpful advice.

Best,

R
A 45/25 carries 4-points and roughly a $200 fine. Pleading not guilty is the only way to possibly save points and money. With that said, it is very hard to win at any of the NYC Traffic Violations Bureau courts because they do no plea bargain. Fortunately, a NY conviction does not transfer to a MD license (although it could adversely affect your MD insurance rates). Finally, if you do not want to appear in court, then you can retain a NY traffic ticket lawyer to appear for you.
I've received a similar Failure to Obey Signs-TBTA EZ pass violation in Whitestone bridge. I have an EZ pass account and told so the cop that gave me the fine, but I didn't have with me the EZ pass because I just left my car in an auto body shop for repairs and was driving a rental car replacement (rectified soon after- drove to the shop and retrieved my EZ pass device). I've pleaded not guilty and am scheduled accordingly. What is your advise (I care less about paying the fine, but concerned regarding the 2 points that it carries with it).
Re: Ask a New York Traffic Lawyer
August 04, 2017 04:48PM
A Failure to Obey Sign traffic carries 2 points in New York. Because you didn't have an EZ pass with you, it sounds like you violated the sign when you entered the EZ lane. Further, there is no plea bargaining at the Traffic Violations Bureau so your only outcomes are either guilty or not guilty. I hope this helps. Good luck!!


Matthew J. Weiss
Weiss & Associates, PC
440 Park Avenue South
Third Floor
New York, N.Y. 10016
212-683-7373
212-726-0135 fax
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