Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
August 19, 2016 11:03AM
Hi John,

1) what is the best way to present this evidence?
You should be able to play it for the judge and also hand in a copy (perhaps on a flash drive).
2) Is this enough evidence to get the case dismissed?
I cannot possibly answer this question.
3) What other evidence could be presented to negate this ticket?
Photos and your testimony are other things that you can present.

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



Edited 1 time(s). Last edit at 10/09/2016 06:20PM by askanewyorker.
Re: Ask a New York Traffic Lawyer
August 19, 2016 11:48AM
Drifter,

Answers in bold below:

Is this a legitimate citation for failing to signal? Sounds like it should have been issued for disobeying a traffic control device. However, both violations carry 2 points and roughly the same points.

Which "traffic device" did I disobey? No idea. A traffic control device is usually a sign or pavement marking.

What kind of defense for this would hold up in court? This is too board a question to answer. With that said, you should plead not guilty and try to negotiate a plea bargain to a less serious charge.



Matthew J. Weiss
Weiss & Associates, PC
440 Park Avenue South
Third Floor
New York, N.Y. 10016
212-683-7373
212-726-0135 fax
Red Light Traffic Violation
September 13, 2016 12:10PM
Hi,
I received my first Red Light Camera violation yesterday in Rochester. I was charged with 1111(d)1, Failure to stop at a red light. I have reviewed the video footage, and I can say that I 100%, without a doubt, did stop. I even waited for cross traffic. However, I did enter the crosswalk. Does that still constitute "Failure to stop", or is this challengable?

Thanks!
(Awesome service you provide here.., BTW)
Re: Ask a New York Traffic Lawyer
September 14, 2016 10:40AM
If you came to a complete stop, then you have a chance to beat this red light camera ticket. Plead not guilty and let us know what happens. 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
Hi Matt,

This situation may have already been covered in the thread, but I just moved to NYC from Florida and got a ticket for making a right turn on red. I had no idea this was a traffic violation in NYC. It's legal in Florida. The ticket was issued on my Florida license - I'm still within my 30 days - but I was planning on exchanging it for my NY license this week. So I've got a few questions:

- The officer told me I could plead "not guilty" and try and beat the ticket based on my out-of-state origins. What do you think? Have I got a chance? I want to fight it because the ticket is so hefty, but am I looking at a higher fine if I'm found guilty?

- Also, I've got to exchange my Florida license for an NY license by next week, likely long before I'm assigned a court date. If I have my NY license by the time my court date rolls around and the judge finds me guilty, will points be added to my NY license?

- Anything else I should know or think about?

Thanks for your time!
dl
Re: Ask a New York Traffic Lawyer
September 28, 2016 11:56PM
We were driving our commercial pick up truck and trailer on the LIE in Nassau County in bumper to bumper traffic on a holiday weekend. we merged into the left lane(not HOV). There was a tractor trailer in front of us and behind us. We were in the lane less than a minute when my husband saw a police officer point to the driver of tractor trailer to tell him to get out of lane then he pointed at us to pull over and he flashed his lights and sounded siren. He told us that no commercial vehicles or trailers are not allowed in left 2 lanes as per sign. my husband said I didn't know about the sign and we thought it was ok since we were in back of a tractor trailer. the cop got loud with us and told us well "monkey see monkey do now you get 2". when he came back my husband apologized and said I meant no disrespect but I didn't know. the cop then gave us 2 tickets with this code 1110A. He then said we could go to north hills night court and plead the ticket down. I can't believe how mean he was. This is the first ticket either of us has ever gotten we both have clean licenses. We rarely drive with a trailer and truthfully we both never noticed the sign. My husband was going to get back into the middle lane but we were pulled over so quick. I have no idea what I should do? Do I just be honest with the judge and tell him what I told you? Do these tickets usually get pleaded down? should I get a lawyer? the tickets are $243 each and I have no idea how many points. thanks for your help
Re: Ask a New York Traffic Lawyer
October 08, 2016 03:07AM
Hi,

I got a TVB ticket in Queens, NY on 9/28/16 for violating 4-04(b)(3). Two other cars were jammed at a busy crosswalk and there were no pedestrians so I sneaked over those and an officer was watching it. I think it was a trap because I saw some other cars getting a ticket ahead of me sad smiley
1. Is it going to be worth to fight this ticket over? I've never had any tickets in 10 years of driving and just worried about those points and insurance hike.
2. Also, the ticket is not hitting the DMV website yet so I cannot plea it online. Can the DMV email notification be a proper proof that I tried to take action for the ticket?

Thanks,
John
Re: Ask a New York Traffic Lawyer
October 09, 2016 05:26PM
John,

Reply in bold below:

1. Is it going to be worth to fight this ticket over?
Yes, as you have nothing to lose by plead not guilty (and of course you have a chance to win).

2. Also, the ticket is not hitting the DMV website yet so I cannot plea it online. Can the DMV email notification be a proper proof that I tried to take action for the ticket?
Keep checking. It can take up to 30 days for your ticket to "hit" the TVB system. If it never hits, you win!

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



Please visit our web site at www.nytrafficticket.com and blog www.nytrafficticket.com/blog for valuable vehicle and traffic law information.



Edited 1 time(s). Last edit at 10/09/2016 06:21PM by askanewyorker.
Re: Ask a New York Traffic Lawyer
November 06, 2016 08:39PM
Hi matt I recieved a speeding ticket in staten island for doing 45 in a 35 thia is my 1st ticket no other violations on my record should I try and fight or just pay the ticket thank you
Re: Ask a New York Traffic Lawyer
November 10, 2016 11:24AM
It is very hard to win ANY ticket in Staten Island (especially speeding tickets). If you have an otherwise clean driving record, then you could just pay this one. It only carries 3 points and, alone, will not affect your insurance rates.
Re: Ask a New York Traffic Lawyer
November 17, 2016 04:58PM
Hello Matt,
I received a ticket about 2 months ago for using my phone while driving(I was literally just looking at the Waze map, but apparently that is irrelevant). I was checking online to try to answer the ticket but my ticket was not appearing. Unfortunately, I misplaced the ticket and couldn't seem to locate it online. After a thorough cleaning, I have again located it and upon checking online, I can no longer plead not guilty. I do not mind paying the fine, but am definitely not happy regarding the 5 points(though currently my point total is 0).
Do I have any options?
Thanks greatly,
benjamin
Re: Ask a New York Traffic Lawyer
November 19, 2016 12:09AM
After a certain amount of time, a NYC traffic ticket will go into default judgment status meaning that the DMV found you guilty without your participation. The only option at this point is to submit an application to vacate the default. You'll need to set forth a reasonable excuse for your delay as well as a meritorious defense. 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



Please visit our web site at www.nytrafficticket.com and blog www.nytrafficticket.com/blog for valuable vehicle and traffic law information.
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