Ask a New York Traffic Lawyer

Posted by askanewyorker 
HI, I just got a traffic violation for "holding my GPS' device. I told the officer that the cradle for it broke and I had it placed in the ashtray but then it started to fall so I went to stop it and lifted it up and then noticed it was tangled so I just lifted and straight up and went to put it back in the tray when i got pulled over. I don't live here but do visit often and it seems to me that every time I visit lately I get a ticket either by mail or like today. I wasn't on the device and it was not distracting me from driving. I fixed it before I got on the highway. Should I fight this. The officer was rude and told me that I looked like I could afford it so why was I complaining. This is not the law in MA where I live. The offense happened in Riverdale (Bronx)
carlo Wrote:
-------------------------------------------------------
> 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

Carlo, the chances for 0 points and just a fine in New York City are impossible. In New York City, traffic tickets are resolved at the Traffic Violations Bureau ("TVB"), an arm of the Department of Motor Vehicles. At the TVB, there is no plea bargain. It is "all or nothing". That is, either you get points and a fine, or no points and no fine.

I wrote a helpful article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau". You should definitely read if you are planning on fighting it yourself.

On the other hand, feel free to call us for a free consultation. We're always happy to provide further information.

Best,

Matthew Weiss, Esq.
212-683-7373
Chloe Wrote:
-------------------------------------------------------
> HI, I just got a traffic violation for "holding my
> GPS' device. I told the officer that the cradle
> for it broke and I had it placed in the ashtray
> but then it started to fall so I went to stop it
> and lifted it up and then noticed it was tangled
> so I just lifted and straight up and went to put
> it back in the tray when i got pulled over. I
> don't live here but do visit often and it seems to
> me that every time I visit lately I get a ticket
> either by mail or like today. I wasn't on the
> device and it was not distracting me from driving.
> I fixed it before I got on the highway. Should I
> fight this. The officer was rude and told me that
> I looked like I could afford it so why was I
> complaining. This is not the law in MA where I
> live. The offense happened in Riverdale (Bronx)

Chloe, this is odd. It is generally not illegal to hold a GPS device in New York. A law was recently passed to prevent texting and driving which may cover your situation but even that law would not be enforceable against you unless you were also committing a second, different traffic offense (this is a loophole in the new law which I have written about in my blog). I don't think this ticket carries point (not sure because I'm puzzled as to what section of law you would have been charged). If it says VTL 1225, then it is indeed 0 points. Therefore, I don't think you want to hire a New York traffic lawyer for this case but feel free to call us for free advice.

Matthew Weiss, Esq.
212-683-7373
Re: Ask a New York Traffic Lawyer
July 03, 2010 02:04PM
I was pulled over for speeding in the Southampton Town Court jurisdiction in Long Island and charged with going 85 on a 55 mph zone. On the ticket it states that I said I thought he pulled me over for speeding and that I thought I was doing 65. How badly does this comment hurt my case? Also is there a chance for plea bargaining in this jurisdiction. Should I plead not guilty even though the ticket states that I made the statement about speeding? Does the fact that this is my first speeding ticket improve my chances of getting it reduced to a 0 point violation?.



Edited 1 time(s). Last edit at 07/03/2010 02:08PM by (n/a).
Re: Ask a New York Traffic Lawyer
July 03, 2010 02:12PM
I also want to know how much does the fact that he indicated that he detected my speed with radar hurt my case.
LUMA Wrote:
-------------------------------------------------------
> I was pulled over for speeding in the Southampton
> Town Court jurisdiction in Long Island and charged
> with going 85 on a 55 mph zone. On the ticket it
> states that I said I thought he pulled me over for
> speeding and that I thought I was doing 65. How
> badly does this comment hurt my case? Also is
> there a chance for plea bargaining in this
> jurisdiction. Should I plead not guilty even
> though the ticket states that I made the statement
> about speeding? Does the fact that this is my
> first speeding ticket improve my chances of
> getting it reduced to a 0 point violation?.


Dear LUMA,

You definitely should fight the speeding ticket. The admissions and use of radar do not prevent you from getting a plea bargain and the Southampton traffic court is usually a very good court to get a good result. Your clean record will help get your a good deal.

You are charged with a 6-point speeding ticket. It carries about a $200 fine and surcharge and 6 points. Plus it subjects you to the $300 Driver Responsibility Assessment Fee. Any plea bargain which you get will save you this $300.

Ideally, you want a plea which is less than 15 mph over the limit (or a non-speed). Insurance companies can rates your auto rates for one speeding ticket 16+ above the limit.

Feel free to call or email me for further information or advice.

Best,

Matthew Weiss
212-683-7373
My son is an OTR truck driver received a truck route violations
ticket near 58th and Grand in Queens..was making a local delivery, had
received directions to warehouse from another local warehouse, no
signs posted that was not a truck route and the NYC DOT map legend
shows that this was a local truck route..He pled not guilty online,
hearing is scheduled for 8/9/2010 He lives in MI would prefer not to
have to make the trip to court.What type of fee would he pay for
lawyer representation on a case like this? My email is
skivivski@gmail.com
Vivian,

This is a 2-point ticket in New York.

The Michigan Secretary of State (SOS) site notes that out of state offenses are likely to eventually appear on a Michigan driving record.

I can't comment on other attorneys fees but I can tell you that, unlike other lawyers, we charge one flat fee to fight any traffic ticket in New York. Our fee in this Court would be $350. This covers everything necessary to handle your son's ticket (except the fine).

Feel free to call us for a free consultation. Feel free to ask for a free YC truck route map as well.

Matthew Weiss, Esq.
212-683-7373

Vivian Sosnowski Wrote:
-------------------------------------------------------
> My son is an OTR truck driver received a truck
> route violations
> ticket near 58th and Grand in Queens..was making a
> local delivery, had
> received directions to warehouse from another
> local warehouse, no
> signs posted that was not a truck route and the
> NYC DOT map legend
> shows that this was a local truck route..He pled
> not guilty online,
> hearing is scheduled for 8/9/2010 He lives in MI
> would prefer not to
> have to make the trip to court.What type of fee
> would he pay for
> lawyer representation on a case like this? My
> email is
> skivivski@gmail.com
How can he even be found guilty if every bit of info available shows that he was legally driving his truck on the right route..he did turn at closest intersection to the warehouse which is what the map legend also shows.
joe
Re: Ask a New York Traffic Lawyer
July 18, 2010 10:50AM
Hi Matthew,

About 10 days ago I was pulled over for making an illegal left turn between the hours of 10am-6pm in Midtown, Mahattan on a "Thru" Street (1110A). I usually dont drive in the city during the weekday afternoon so I was unfamiliar with the regulation and I was on a busy street with trucks blocking the signs that gave notice. Any chance its worth fighting?

Also, do you know if this this a 2 pt violation that will cause my insurance to go up? I have an otherwise clean moving violation record.

Thanks for your help in advance.

Joe
joe Wrote:
-------------------------------------------------------
> Hi Matthew,
>
> About 10 days ago I was pulled over for making an
> illegal left turn between the hours of 10am-6pm in
> Midtown, Mahattan on a "Thru" Street (1110A). I
> usually dont drive in the city during the weekday
> afternoon so I was unfamiliar with the regulation
> and I was on a busy street with trucks blocking
> the signs that gave notice. Any chance its worth
> fighting?
>
> Also, do you know if this this a 2 pt violation
> that will cause my insurance to go up? I have an
> otherwise clean moving violation record.
>
> Thanks for your help in advance.
>
> Joe


Joe,

Thanks for submitting your questions. A disobey traffic control device ticket under Vehicle And Traffic Law Section 1110a is indeed a 2-pt violation but will not impact your auto insurance because you have an otherwise clean driving record. If you get a second moving violation within 36 moths of this one, then your insurance could then go up. If you want to learn more about this topic, read "How Traffic Tickets Affect Auto Insurance Rates".

In your circumstances, it is not worth hiring a traffic lawyer and probably not even worth fighting it. It seems that you are a safe driver who does not get many tickets. As discussed above, this ticket therefore will not hurt you and the prospects of you getting a second one are low.

Further, at the Traffic Violations Bureau in Manhattan, there is no plea bargaining or deal making. It is "all or nothing" and there are many rules which assist the officer to "prove" his case against you. With no guarantees for success or ability to make a deal, I think you should simply just pay this ticket.

By the way, your un-familiarity with NYC is not a valid defense.

Feel free to call us if you want to discuss further,

Best,

Matthew Weiss, Esq.
212-683-7373
Joe
Re: Ask a New York Traffic Lawyer
July 19, 2010 11:13PM
Thanks, Matt.

One other question: My ticket has yet to appear on the DMV Eplead website. Its getting close to the deadline to respond (Im on day 13 right now). Should I go ahead in mailing it or do you think it will eventually appear?
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