Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
November 19, 2015 04:53PM
I got a deferred toll payment ticket for going through the queens midtown tunnel and i didn't have any cash on me. I tried to pay online but the barcode receipt states that it was not found. Tried typing in my plate number which was also "not found." Called the number 4x that was listed on the website and left 2 messages. Nobody has called me back. Tried emailing them and no one has emailed me back either. What do I do? I don't want this to be sent to collections.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
November 23, 2015 12:17AM
Edith,

Honestly, not sure. How do you know that you got a deferred toll ticket? If you received paperwork, then it should contain instructions on how to pay the ticket.

Matthew Weiss

Edith Wrote:
-------------------------------------------------------
> I got a deferred toll payment ticket for going
> through the queens midtown tunnel and i didn't
> have any cash on me. I tried to pay online but
> the barcode receipt states that it was not found.
> Tried typing in my plate number which was also
> "not found." Called the number 4x that was listed
> on the website and left 2 messages. Nobody has
> called me back. Tried emailing them and no one
> has emailed me back either. What do I do? I
> don't want this to be sent to collections.
Re: Ask a New York Traffic Lawyer
December 04, 2015 06:14PM
What does "unlicensed GT (60 days)" mean on a ticket?
Reply Quote
Re: Ask a New York Traffic Lawyer
January 21, 2016 08:41PM
Regardless of if I am guilty or innocent, I would like to mention in the beginning, that I am a LEO working for Federal Government, and during my traffic stop I didn’t want identify myself as one, for a few reasons. My agency doesn't want us to do that since it “undermine our image”. If it wouldn’t work and PO was a total ahole I could get in trouble. Finally my personal principles. I believe that as a ELO we should be held to a higher standard.

I am personally disgusted with all the traffic violations I see everyday going and coming back from work that I far more serious then mine but “where’s police when you need them”, right?
I am even more upset with NYPD ticket quota system. No denial, we all know it is true. Even from my professional experience, citations and penalties are sometimes unjust since we “prey” on week, defenseless and uneducated. That is why I refuse personally to participate in such practices.

What’s funny (or rather tragic) I was stopped almost precisely 7 years ago for failure to stop at the stop sign in almost identical circumstances. I did a rolling stop with no cars around in sight. End of the month, not even 300 ft. from a precinct, at 1:29AM coming back from work. Again, principles. I plead guilty and paid the ticket.

Anyway today (01/21), I was pulled over in Queens, NY, about 300 ft. from a precinct, at 1:15AM coming back home after I finished my shift for a 1163A “failed to signal” (left turn).

After I pulled over, first I was surprised, then stunned to find out why. Before I tried to sweet talk myself out of this, it was over.

I honestly don’t remember wether I did or didn’t signal the turn and even going back to my dash cam DVR’s recordings at home didn’t help me much.
Front camera didn’t record any flicker sounds as I was listening to the music and rear DVR, to my astonishment hasn’t been recording for months. Just my luck (or lack of).

I was trying to come up with some defense approaches, but I don’t know if they’ll fly in court.
Simplifying, intersection was a “T” shaped, with me approaching from the stomp side and turning left into one way street. Now that I think of it what’s the point of signaling if there’s nowhere else to go but left? It’s like entering an elevator on a ground floor and asking “going up or down”? I this valid ground for dismissal. Mind you, there are no other cars around!!! to endanger anybody for failing to signal.
I was definitely in no violation with 1160. If anything I was in violation of 1163B, not A.

BTW, what happened to “innocent until proven guilty”? Would a cop have his dash cam video to prove I was in fault? How long do they keep it?
How is the “cat and mouse” game to appear in court work? How do I reschedule my hearing? Is there any way to find out if cop is going to appear, and then show up or not?
Any advice with grounds for dismissal would be greatly appreciated.
Re: Ask a New York Traffic Lawyer
January 22, 2016 01:49AM
Admin,

A traffic ticket for "unlicensed GT (60 days)" means that your license was expired for greater than 60 days and you got caught driving with it.

Matthew Weiss

askanewyorker Wrote:
-------------------------------------------------------
> What does "unlicensed GT (60 days)" mean on a
> ticket?
> Reply Quote
Re: Ask a New York Traffic Lawyer
January 22, 2016 01:52AM
Admin,

Nothing that you've written in your lengthy post seems helpful to me.

Further, your statement that you "honestly don’t remember whether I did or didn’t signal the turn" is damaging and supports a conviction.

In terms of creative defenses, your best bet is if the officer does not show or testifies erroneously at your hearing.

Good luck.

Matthew Weiss

askanewyorker Wrote:
-------------------------------------------------------
> Regardless of if I am guilty or innocent, I would
> like to mention in the beginning, that I am a LEO
> working for Federal Government, and during my
> traffic stop I didn’t want identify myself as
> one, for a few reasons. My agency doesn't want us
> to do that since it “undermine our image”. If
> it wouldn’t work and PO was a total ahole I
> could get in trouble. Finally my personal
> principles. I believe that as a ELO we should be
> held to a higher standard.
>
> I am personally disgusted with all the traffic
> violations I see everyday going and coming back
> from work that I far more serious then mine but
> “where’s police when you need them”, right?
>
> I am even more upset with NYPD ticket quota
> system. No denial, we all know it is true. Even
> from my professional experience, citations and
> penalties are sometimes unjust since we “prey”
> on week, defenseless and uneducated. That is why I
> refuse personally to participate in such
> practices.
>
> What’s funny (or rather tragic) I was stopped
> almost precisely 7 years ago for failure to stop
> at the stop sign in almost identical
> circumstances. I did a rolling stop with no cars
> around in sight. End of the month, not even 300
> ft. from a precinct, at 1:29AM coming back from
> work. Again, principles. I plead guilty and paid
> the ticket.
>
> Anyway today (01/21), I was pulled over in Queens,
> NY, about 300 ft. from a precinct, at 1:15AM
> coming back home after I finished my shift for a
> 1163A “failed to signal” (left turn).
>
> After I pulled over, first I was surprised, then
> stunned to find out why. Before I tried to sweet
> talk myself out of this, it was over.
>
> I honestly don’t remember wether I did or
> didn’t signal the turn and even going back to my
> dash cam DVR’s recordings at home didn’t help
> me much.
> Front camera didn’t record any flicker sounds as
> I was listening to the music and rear DVR, to my
> astonishment hasn’t been recording for months.
> Just my luck (or lack of).
>
> I was trying to come up with some defense
> approaches, but I don’t know if they’ll fly in
> court.
> Simplifying, intersection was a “T” shaped,
> with me approaching from the stomp side and
> turning left into one way street. Now that I think
> of it what’s the point of signaling if there’s
> nowhere else to go but left? It’s like entering
> an elevator on a ground floor and asking “going
> up or down”? I this valid ground for dismissal.
> Mind you, there are no other cars around!!! to
> endanger anybody for failing to signal.
> I was definitely in no violation with 1160. If
> anything I was in violation of 1163B, not A.
>
> BTW, what happened to “innocent until proven
> guilty”? Would a cop have his dash cam video to
> prove I was in fault? How long do they keep it?
> How is the “cat and mouse” game to appear in
> court work? How do I reschedule my hearing? Is
> there any way to find out if cop is going to
> appear, and then show up or not?
> Any advice with grounds for dismissal would be
> greatly appreciated.
Re: Ask a New York Traffic Lawyer
February 17, 2016 05:34AM
Hi,
I was driving from the bronx i was using gps trying to avoid the tolls but ended up at the toll i drove in an ez-pass lane and began backing up to go in the cash only lane. I didn't see the sign i was yelled at by the police and was asked for my license and registration then was told to wait by the orange cones i was later given a ticket to either plead guilty or not guilty, there isn't a fee on it what should i do and does it count against my license?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 22, 2016 10:58PM
Andell,

An unsafe backing traffic ticket carries 2 points in NY and roughly a $150 fine. Your options are to plead guilty or fight it (plead not guilty).

Good luck!

Matthew Weiss

Andell Wrote:
-------------------------------------------------------
> Hi,
> I was driving from the bronx i was using gps
> trying to avoid the tolls but ended up at the toll
> i drove in an ez-pass lane and began backing up to
> go in the cash only lane. I didn't see the sign i
> was yelled at by the police and was asked for my
> license and registration then was told to wait by
> the orange cones i was later given a ticket to
> either plead guilty or not guilty, there isn't a
> fee on it what should i do and does it count
> against my license?
Re: Ask a New York Traffic Lawyer
February 23, 2016 02:28AM
HI Folks.

I was given a failed to stop at stop sign ticket near my house in Nassau county. I definitely stopped but a officer pulled me over and gave me this ticket. Should I plead not guilty ? I am going to plead not guilty. As this ticket says it was based on direct observance . Please advise , any help is appreciated. Should I request supporting dep. It says GEN101A provided. Court date is in April.
Reply Quote
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 23, 2016 02:46PM
Yes, you should plead not guilty. At the Nassau County Traffic Violations & Parking Agency, if you have the time to spare, you most likely can negotiate this down to a 0-point ticket and fine. This is a great outcome and often what we're able to do for our clients with similar charges. Of course, past results do not guarantee future success.

Good luck!

Matthew Weiss

askanewyorker Wrote:
-------------------------------------------------------
> HI Folks.
>
> I was given a failed to stop at stop sign ticket
> near my house in Nassau county. I definitely
> stopped but a officer pulled me over and gave me
> this ticket. Should I plead not guilty? I am
> going to plead not guilty. As this ticket says it
> was based on direct observance . Please advise ,
> any help is appreciated. Should I request
> supporting dep. It says GEN101A provided. Court
> date is in April.
> Reply Quote
Hi I was going south on Jerome Ave Bronx and as always for 20 years turned left to get on Cross Bronx Expressway East and a officer pull me over. I ask why
He sited some rules about saying a sign is there no turns, not one did he explain to me what he giving me ticket for. I still don't know why, meanwhile this is only way to get on cross Bronx going east. The only sign there says stop here for light, I had green light so was turning like everyone else. How do I fight this. Oh the hearing is one year away in 2017.. Do o need lawyer Thanks
Re: Ask a New York Traffic Lawyer
May 31, 2016 10:48AM
The officer is not required to explain to you why he or she gave you the ticket (although they normally do).

If there are no signs and you were charged with disobeying a sign, then take a bunch of photos to show the judge.

Finally, given that this is a minor, 2-point ticket, I do not think you need NY traffic lawyer (assuming you have no other convictions on your record).
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