Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
March 24, 2010 10:43AM
U- Turn Ticket
Posted by: Raimundo (ool-18b92014.dyn.optonline.net)
Date: March 24, 2010 07:03AM

I went to work to the Bronx,and at the time I get there was 6:00AM, I was looking for parking at 3RD Ave, but when I found the parking I need to make a U- Turn but
unfortunately there was a police officer like two blocks away, he gave me a ticket for $130.00, and I do not know how many points I have in my license. He told me that he would give me a Disobeyed Traffic Control Device, and that he felt sorry for that, the only thing is that your Driver License is clean. Do I need to hire a lawyer to fight for this ticket and remove the points in my license.
Raimundo,

We can help. You will not even have to go to court. This ticket carries 2 points and will be at the Traffic Violations Bureau on Fordham Road.

U-turns are not always prohibited. They are only illegal if done within a business district, from the wrong lane or when a sign is posted prohibiting it.

Call us discuss so can we discuss whether you really need a traffic lawyer for this case.

Best,

Matthew Weiss
212-68-7373
Re: Ask a New York Traffic Lawyer
April 22, 2010 05:59PM
Hi
I received a ticket for disobeying a stop sign in Manhattan, but the violation
code was written 1127A. In NYC that is going the wrong way in a one way street.
Since the ticket was hand written by the officer as " disobeying stop sign"
and the violation code was written wrong can I beat it on that technicality?
Please advise
Thank you....
Definitely, plead not guilty. You can plea bargain in this court and get yourself a more favorable result. An 86/65, is a 6-point ticket and carries a roughly a $200 fine. A 6-point conviction would also subject you to an additional $300 fee called the Driver Responsibility Assessment Fee (DRAP). If you fight it and get any reduction in points, you will save the DRAP so it is economical to fight.

We can help you fight it and you wouldn't have to go to court. Feel free to call me for a free consultation.

Matthew Weiss
212-683-7373
Hi,

I just received a ticket for using a cell phone in Mill Basin Brooklyn when the cop car came out of a gas station and was facing my car and noticed the cell phone use. The cop said no points but I'm worried about my insurance rates going up. Can I plea bargain to reduce the charge to something which will not appear on my driving record at Brooklyn DMV if I plead not guilty? Is there any way to beat this or have a reduction to a non-moving offense which would not impact my insurance?

Thanks.
Dana
Re: Ask a New York Traffic Lawyer
May 24, 2010 09:18PM
Hello,

This afternoon I was pulled over in Brooklyn and given tickets for the following:

-failure to produce insurance
-defective brake lights
-operating vehicle while using a cell phone

For the insurance, I've heard that failure to produce is different from not having it and presenting proof of coverage will NOT assure dismissal. Is this true?

As for the brake lights, I'm assuming fixing it within twenty-four hours is enough.

And the cell phone... does the reduction to a non-moving ever happen to Brooklyn or is that a privilege of Nassau County?

Thanks!
Dana
Hi Matthew,

I got a "disobey traffic device" ticket in Rockland, NY in the middle of last month.
The fact is that I was on a highway and suddenly the highway passes through a town and the speed limit is 35. It was the first time I went there. I didn't notice the speed limit sign and didn't decelerate . A cop was right behind me and I got pulled over.
The cop said I was speeding. But instead of a speeding ticket, he gave me a "disobey traffic device" ticket without the amount of fine on it and ask me to mail it back and find out how much would it be.
I don't know I should plead guilty and pay the fine or plead not guilty. It's my first moving ticket and I wonder if I can lower the fine and avoid the 2 points deduction.
Thank you very much!
Hi Matthew,

So here's my question, I was in the toll booth line in NY at the Tappan Zee bridge. I was at a complete stop, I was the passenger in the car not the driver, our car was packed to the gills with stuff. At the toll window, again we were not moving, I took off my seat belt to reach in to my back back to get my wallet, when I turned around a cop came up and tapped on the car telling us to pull over. He asked for my license then gave a ticket with no questions and said nothing at all. He then proceeded to scream at me something about an old lady with dementia passing out behind the wheel last week and almost killing someone in a BMW. I have no clue what that had to do with me...maybe he was shaken up from a bad accident last week...who knows. Anyways if I try to fight this ticket to I have to drive all the way back there? I am from Rochester NY and that is a 6 hour drive for me. Also the ticket said I must respond within 48 hours but it was on a Friday so they were closed for 2 days before I could ask any questions.
Michael, the cop is correct. Cell phone tickets carry no points in New York. You are correct in worrying about how this ticket will impact your auto insurance rates, however. Good news! If you have an otherwise clean record, then a conviction to a cell phone ticket will NOT raise your rates. By law, an insurance company cannot raise your rates for this type of ticket (if it is your only ticket or accident on your recoird).

Your case will be heard at the Brooklyn South Traffic Violations Bureau in Coney Island. They do NOT have plea bargaining in this court. If you elect to fight the ticket, therefore, it will be "all or nothing".

I hope this helps.

Best of luck.

Matt
Hugo, my recommendation is to plead guilty and pay it, not hire a traffic lawyer or fight it yourself. The officer did you a favor by reducing it to a 2-point, non-speed. It is very unlikely you'll get an additional reduction and it is possible that the court could amend the charge back to the original speeding ticket (if you fight it).

Best of luck.

Matthew Weiss

Hugo Huang Wrote:
-------------------------------------------------------
> Hi Matthew,
>
> I got a "disobey traffic device" ticket in
> Rockland, NY in the middle of last month.
> The fact is that I was on a highway and
> suddenly the highway passes through a town and the
> speed limit is 35. It was the first time I went
> there. I didn't notice the speed limit sign and
> didn't decelerate . A cop was right behind me and
> I got pulled over.
> The cop said I was speeding. But instead of a
> speeding ticket, he gave me a "disobey traffic
> device" ticket without the amount of fine on it
> and ask me to mail it back and find out how much
> would it be.
> I don't know I should plead guilty and pay the
> fine or plead not guilty. It's my first moving
> ticket and I wonder if I can lower the fine and
> avoid the 2 points deduction.
> Thank you very much!
Jeremy,

You should answer it as soon as possible. The 48 hour deadline is routinely not strictly enforced.

You (or a traffic attorney on your behalf) would have to answer it down here where the traffic ticket was issued.

However, this is a very minor ticket which carries 0 points and, therefore, I don't recommend hiring a traffic lawyer (or even fighting it yourself). I recommend just paying it.

Jeremy Griffith Wrote:
-------------------------------------------------------
> Hi Matthew,
>
> So here's my question, I was in the toll booth
> line in NY at the Tappan Zee bridge. I was at a
> complete stop, I was the passenger in the car not
> the driver, our car was packed to the gills with
> stuff. At the toll window, again we were not
> moving, I took off my seat belt to reach in to my
> back back to get my wallet, when I turned around a
> cop came up and tapped on the car telling us to
> pull over. He asked for my license then gave a
> ticket with no questions and said nothing at all.
> He then proceeded to scream at me something about
> an old lady with dementia passing out behind the
> wheel last week and almost killing someone in a
> BMW. I have no clue what that had to do with
> me...maybe he was shaken up from a bad accident
> last week...who knows. Anyways if I try to fight
> this ticket to I have to drive all the way back
> there? I am from Rochester NY and that is a 6
> hour drive for me. Also the ticket said I must
> respond within 48 hours but it was on a Friday so
> they were closed for 2 days before I could ask any
> questions.
I just received a speeding ticket going 73 in a 55 mph zone. This is my first speeding ticket in 19 years. I'm pleading not guilty and have a court date this Friday. What are my chances for 0 points and just pay the fine?

Thank you
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