Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
December 11, 2016 02:58AM
Hi Matt,

Back on January 25th, I got a speeding ticket for going 52 in a 35 in Cross River (Westchester County) on St Rd 35. Police officer wrote this up as a VTL 110A though, and nicely explained that I should plead not guilty, go to court, and 99% of the time the DA pleads it down to something with no points. I pleaded not guilty back then and my court summons date is finally here (on Dec 13).

Looking at my ticket closer, all it says is 110A violation, Disobeyed Trafic Control Device, with "arrest type" as 2-Radar. The MPH box is blank. The MPH Zone box is blank. There is practically no detail on this ticket to describe my offense. So my question: is this a defective ticket which I can fight? Or will the officer's notes contain these details and he'll present them at court? What if he doesn't show up?

On related note, not sure if this is your expertise, but I was shocked that my new auto insurance company (I had to shop in April when moving) knew of the infraction and charged me higher premiums due to it. This was the first and only time I've ever been pulled over in 15 years of driving. I haven't been convicted yet, seems like that should be illegal!

Thanks for your help!
Kyle
Re: Ask a New York Traffic Lawyer
December 13, 2016 11:22AM
Kyle,

The defect is missing info because the officer gave you a break. If you were to push the issue, in my opinion and experience, the prosecutor will amend the ticket back to the original charge. I wouldn't do it.

In regard to your insurance question, your pending 1110a ticket should NOT have any bearing on your insurance rates. An open ticket cannot be used against you by an insurance company's underwriting department. The only time a traffic ticket can have a negative impact on your rates is if and when you are convicted. Check out my article called "How Traffic Tickets Affect Auto Insurance Rates" for further details on this topic.

Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 27, 2016 08:01PM
Hi.
I was pulled over on Belt parkway for looking at my cell phone , I had used it for GPS since do not have one installed in my car.
I don't want to get points on my licence, so I am going to try to fight the ticket,
Do I have any chances of dismissing the tickets?
Re: Ask a New York Traffic Lawyer
December 28, 2016 05:45PM
You have a chance but not a great one. It is illegal to use an electronic device while driving in New York (this includes GPS use). With that said, you have nothing to lose by trying to fight it.

Good luck!

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



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

On Wed, Dec 28, 2016 at 7:11 AM, Kennedy Moore <gkm211@gmail.com> wrote:
Re: Ask a New York Traffic Lawyer
January 11, 2017 06:48AM
on Aug 6 2015 i was passing the George Washington bridge and got on the wrong lane by mistake the sun was in my eyes and i was sure i was on the cash only lane but after the truck went through i saw i was mistaken i try to get the attention of the attendant, but a traffic officer came out and ask me what did i wanted it, i told him respectfully that i thought i was in the cash lane and made a mistake if i could get a receipt please, he said do you want a summons or a receipt, when i heard that i was shock and ask myself why would i say summons obviously i want a receipt it was an honest mistake the truck behind kept honking and i don't know if he thought i was being disrespectful but i was not i was nervous and keep asking him to please give me a receipt but continue to ask me do you want a summons or a receipt and after i said a receipt please sir, he said OK, you are getting both part on the side of the road and wait for me, he then gave me the summons and the receipt. what do you think about the situation, i am planning to fight it, i don't know if he thought i was being rude but it was an honest mistake and i was nervous, i have never drove to the city by myself and was a little nervous. do you think i can win an argument with my side of the story and if the judge decides that i am guilty could i have to not have the points taken at least and pay the fine?
Re: Ask a New York Traffic Lawyer
January 11, 2017 03:53PM
It sounds like you were issued a 2-point ticket for disobeying a traffic control device under VTL 1110a. If so, the good news is that this is a relatively minor ticket which, alone, will not negatively affect your insurance rates. The bad news is that, in New York City, it is very hard to obtain a favorable result when you plead not guilty to a traffic ticket because there is no plea bargaining. With that said, there is no down side to fighting it (although I doubt that your "sun was in my eyes" defense will be availing).

Matthew J. Weiss
Weiss & Associates, PC
440 Park Avenue South
Third Floor
New York, N.Y. 10016
212-683-7373
212-726-0135 fax
Re: Ask a New York Traffic Lawyer
January 20, 2017 04:18PM
Hi got a ticket exactly the same situation same Verrazzano Bridge on my way home ,i forgot to put my EZ pass on my new car , I paid him the toll he didnt given the balance and he give me a ticket with 2 points, do i need to Plead Guilty and Pay or is it worth fighting could you pleas share your experience, this is first time i got and i am in NJ dont know about NY court appearance process
Re: Ask a New York Traffic Lawyer
January 22, 2017 07:12PM
Forgetting to mount your EZ pass is not a valid defense. Fortunately, a VTL 1110a ticket is a relatively minor offense which only carries 2 points. You can try and fight it but these tickets are hard to beat in New York City.

Matthew J. Weiss
Weiss & Associates, PC
440 Park Avenue South
Third Floor
New York, N.Y. 10016
212-683-7373
212-726-0135 fax
jt
Re: Ask a New York Traffic Lawyer
February 07, 2017 03:49AM
Hi guys I got a bogus disobey traffic device ticketm I submitted a non guilty plea with pictures of the intersection which showed no sign and or paint on the ground showing anything that I could have done illegal. well I got a response with guilty plea and 2 points. whats the appeal process like, how and what should my arguement be?
Re: Ask a New York Traffic Lawyer
February 07, 2017 01:39PM
Assuming this is a NYC ticket, then you have 30 days to appeal. You will need to submit an Appeals Form. Check out the TVB Appeals page on our website for further details.

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.
Hello, I will greatly appreciate any info, I'm less concerned about the fine as I am concerned about potential points.

I am attaching a picture of my ticket so see if you can see any issues with it, I've gone over it and it seems all correct. However, the officer didn't sign the "Radar Officer's Signature" field, it's blank! Does this have any chance of being grounds for voiding the ticket?

Ticket: I-87 north bound, ex. 4, speed limit: 55, gunned at: 80, did it briefly to pass a 18 wheeler, was one of the unluckiest events in my life... I really don't need this right now.

Thanks in advance!

Best regards,
Jason

/Users/jasonwinckler/Downloads/IMG_6559.jpg

file:///Users/jasonwinckler/Downloads/IMG_6559.jpg

Let me know if these links don't work, I don't see an option to attach files..
Re: Ask a New York Traffic Lawyer
February 14, 2017 01:30AM
Jason,

Omitting the "Radar Officer's Signature" does not render your ticket fatally defective. Further, briefly speeding (albeit to pass a truck) is not a viable defense in New York State.

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

Your Email:


Subject:


Spam prevention:
Please, solve the mathematical question and enter the answer in the input field below. This is for blocking bots that try to post this form automatically.
Question: how much is 2 plus 25?
Message:

Online Users

Guests: 10