I pulled out of a shopping plaza into an intersection and made a right turn. An officer standing at a red light on this intersection made a U turn chased me down and gave me a ticket for going the wrong way violation 1127a . On the intersection of the infraction there are no visible signs in my view saying its a one way street nor is there a sign leaving the plaza saying its a one way. However, there is a sign on the same intersection hidden behind a tree. When I take pictures of the intersection and the way I was traveling you can clearly see that there are no visible signs on the corner. My question is, does the driving wrong way ticket fall under the category of disobeying a traffic sign/device and can I use that in my defense or is it another category altogether.

Violation is in Staten Island, so I'm already expecting a guilty, just trying to find anything I can use to slip the cop up during trial.

Joe Wrote:
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> 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?


You actually have 30 days to answer (even though the ticket states 15). You should keep checking. If it does not appear by the 28th or 29th day, then visit any Traffic Violations Bureau Office and enter a not guilty plea in person.

Max Wrote:
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> I pulled out of a shopping plaza into an
> intersection and made a right turn. An officer
> standing at a red light on this intersection made
> a U turn chased me down and gave me a ticket for
> going the wrong way violation 1127a . On the
> intersection of the infraction there are no
> visible signs in my view saying its a one way
> street nor is there a sign leaving the plaza
> saying its a one way. However, there is a sign on
> the same intersection hidden behind a tree. When I
> take pictures of the intersection and the way I
> was traveling you can clearly see that there are
> no visible signs on the corner. My question is,
> does the driving wrong way ticket fall under the
> category of disobeying a traffic sign/device and
> can I use that in my defense or is it another
> category altogether.
>
> Violation is in Staten Island, so I'm already
> expecting a guilty, just trying to find anything I
> can use to slip the cop up during trial.


Max, taking photographs is a good idea in your case. Take a bunch so you can show a complete view. Traffic court judges are skeptical when they are only given a partial "picture" of the situation. If you did not have to pass this one-way sign in order to get into the parking lot and there truly is not signs or pavement markings as you exit, this sounds like a good defense.

This ticket is not a disobey traffic control device ticket. It is a separate charge which carries 3 points. Read VTL 1127(a) to learn the elements of the law.

Finally, you knowledge about the Staten Island Traffic Violations Bureau is spot on. It is the hardest traffic court to win in New York State.

Best of luck.

Matthew Weiss, Esq.

mattyt Wrote:
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> I received a ticket on interstate 81 in New York
> driving 86 in a 65.. A NY State Trooper pulled me
> over but before i even passed him he was already
> pulling out to stop me. I have never gotten a
> ticket before , no points on my license. The
> ticket does not state how much this will cost. I
> was also wondering would it be likely that I can
> get a plea bargain. I do not know whether to plead
> guilty or not guilty as this is my first ticket. I
> do not know what i should say to the judge or how
> going to court even works. I'm nervous and do not
> know what to do. Please help me.. Thank you

Mattyt,

Your decision is easy. Please "not guilty", no question.

If you plea guilty to this New York speeding ticket, you'll get 6 points on your license, pay roughly a $200 fine and then have to pay a $300 driver responsibility assessment fee. For a 6-point speeding ticket conviction (21 mph over the limit or higher), the New York State Department Of Motor Vehicles imposes this extra fee. Therefore, a conviction to a New York State speeding ticket can get very expensive.

By pleading not guilty, you or your New York traffic ticket lawyer can conference the case and likely get it reduced to a lesser speed or possibly a non-speeding (results depend on a few variable including the court and judge). If you cannot or do not want to spend time traveling and attending court, our firm is happy to help. Indeed, even if you want to handle this matter yourself, feel free to call us for further advice.

Best,

Matthew Weiss
212-683-7373

I was pulled over in Upstate NY by NY state Trooper on June 27 2010. I was speeding. Trooper gave me a break and instead of speeding ticket he was giving me seatbelt violation. He stated that his computer was down and ticket would be mailed to me. I live in state of Ohio and I have not received the ticket yet. How long does it take? this is the second week of August..Reason why he gave me the break it was day after my 50th Bday..I have no Idea how much the seatbelt violation is because I do not know what town I was in and I understand the surcharges are expensive..my other concern is that aprox 21 years ago I had some outstanding tickets in NY State.how long do they stay in the system for?

My question involves a traffic ticket from the state of: New York
I got a ticket for making a left turn from a lane that says buses only and no left turns except buses,,,I got the ticket on aug 4 and the sign was put up on july 19,, I used to use this street before the signs were posted and did not expect them to be there that day it was dark and it was 1:30 in the morning,,,what actually happened was that I was coming out of a side street onto northern blvd but I could only make a left turn because there was no intersection to cross to make a left onto northern blvd,,so I made a left turn onto northern blvd and there was a bus in front of me blocking my view to the sign stating no left turns onto main street,,so I followed the bus,,mind you there was a painted lane that says buses only on the left lane that I was in and didnt see that either,,because it was dark,,,after I followed the buses through the turn I stopped at the light and noticed a NO LEFT TURN SIGN and said to my girlfriend,,wow thats new now I have to go straight when I wanted to go back the other way on northern blvd,,,so the light changed and I went straight, as I passed a police car I noticed him preparing to make a U turn to follow me and said to myself this cops gonna stop me,,I asked him what I got stopped for and he said I was in a bus lane and made a left turn through a sign that said no left turns except buses,,,I told him I didnt see it and pass there all the time and never saw it,,he informed me that it was new and gave me one ticket for no turns except buses and told me I could fight it if I wanted to,,,,,the thing is,,my license had my old address on it , about 4 years ago I moved and made my address change through the DMV and they told me to write my new address on the back of my license,so I did,,,,my license didnt expired untill aug 16 2010 and I just went and got it renewed yesterday,,,,but my insurance card had my new address on it and the new address was on the back of my license and the police officer wrote my old address on the ticket,and my name was spelt wrong on the ticket,is there any way I cant beat this ticket??
I'm telling you,honestly,the bus really blocked my view of all the signs,,,I was coming out of a side street and the bus passed in front of the first sign that I could hardly see in the first place because it was on an angle facing on coming traffic coming from northern blvd and then when I made my turn behind the bus it blocked my view of the sign on the corner to my left and the one in front across the street before I turned,,,,I just went there tonight and theres a BIG automated sign there that says no left turns,,,penalties and points for the traffic on northern blvd 2 blocks before the block I came out of but nothing for my block ..if I don't plead not guilty I'll get 3 points and I already have 6 on there for speeding that I had to pay $500 for the drivers assessment program and I'll have to pay it again now because it hasn't been 18 months since I got that ticket,,,

Mtex7698,

First off, this ticket was likely written as a disobey traffic control device under VTL Section 1110a and is only a 2-point ticket (not 3).

Second, the Driver Responsibility Assessment (DRA) Fee is only $300 for 6 points (not $500). If you are found guilty of this new ticket, you'll have to pay an additional $150 DRA fee in addition to the roughly $150 fine.

There are many ways to possibly win this case but, by all means, your defense of being blocked by a bus is a good won (if you can convince a DMV judge who gets paid by DMV). In your case, I hope you have photographs of the intersection BEFORE and AFTER the installation of the automated sign. The installation of this sign is evidence that the intersection was not sufficiently marked when you got your 1110a traffic ticket. If not, you can make a Freedom of Information Act to the NYC Department of Transportation and request records regarding when the signs were installed.

I hope this helps and wish you luck in fighting this ticket. Of course, if you'd like professional help or if you don't want to waste time in court, feel free to call us.

Matthew Weiss
212-683-7373



Edited 2 time(s). Last edit at 08/09/2010 07:21AM by (n/a).

Today I was stopped with a co-worker in the car because the officer did not see my seat belt. When he came to the window I had asked what I did wrong he said it did not look like I had a seat belt on. When he confirmed I had been wearing my seat belt he stated "it was not positioned on my shoulder correctly" and proceeded to take my license. When he ran it it was discovered I had a suspended license unbeknownst to me. I was alittle in shock. He took me down to the station and proceeded to tell me it was because of a seat violation I received three years prior. I then told him that had to be a mistake because I used a law firm, paid them the fine and signed the avidavit. Thus I was ticketed for an AUO. When I called the town of the previous ticket they informed me that the law firm kept postponing the date and never showed up. I was never informed of any of this. Immediately I went down there paid the fine again, the suspension was lifted and got copies of the law firm's correspondence with the court. I contacted the law firm and they said they would go to the other court on my appearance date and explain to the DA what happened. Do you think this will be dismissed? As far as I knew I thought I did everything I was supposed to do.

Thank you,
Cari

Cari,

I am sorry to hear about this incident. Mistakes do happen but unfortunately you bore the brunt of this one.

The AUO ticket likely will not be dismissed. More likely it will be reduced to a lesser charge, either simple un-licensed or facilitating aggravated un-licensed, both violations.

Feel free to email or call me with any further questions.

Best,

Matthew Weiss
212-683-7373

Hi, I was pulled over for my first moving violation the other night doing 61 in a 30mph zone. Everything on the ticket is accurate except the place of occurence. That intersection doesn't exist. I've tried my best to find that intersection written on the ticket but it just doesn't exist. Can the ticket be dropped? Thank you.



Edited 1 time(s). Last edit at 08/13/2010 04:51PM by (n/a).

Neal D,

Unlike parking tickets, most errors in writing up a ticket are not fatal. However, an incorrect place of occurrence is a good one (that is for you). If the location truly does not exist, you have a GREAT show especially with the right judge.

I would gather my evidence (map, photos, etc) and plead not guilty. Feel free to call us if you need any help or would like to discuss professional representation.

Best,

Matthew Weiss
212-683-7373



neal d Wrote:
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> Hi, I was pulled over for my first moving
> violation the other night doing 61 in a 30mph
> zone. Everything on the ticket is accurate except
> the place of occurence. That intersection doesn't
> exist. I've tried my best to find that
> intersection written on the ticket but it just
> doesn't exist. Can the ticket be dropped? Thank
> you.

Hi - I got a tix on the parkway in Nassau. He put down disobeyed traffic control device. How much is that ticket and how many points is it? I've seen that it's 2 points.

Thank you.