I received a ticket for a red light violation, caught by a video surveillance on Northern Boulevard. I was driving my spouse's car, in whose name the car is registered. Does my violation affect her driving record or make her somehow culpable? I am paying the fine, but she's concerned about her record.

I was making a left turn from Broadway. I completed the turn without stopping at the median that divides Broadway. I was then pulled over and given a ticket for disobeying a red light. I have three related questions:

1. Is it actually illegal to make a left from Broadway without waiting for the light at the median to change? I know that there are signs on Park Avenue telling you to stop at the median, but I don't think there are any at this intersection of Broadway, and I couldn't find a clear answer anywhere.

2. I found a case, People v. Bates, 209 N.Y.S.2d 229 (1960), which holds that a police officer needs to directly observe the red light in order to sustain a conviction. Am I correct in thinking that the ALJ is unlikely to find this line of argument persuasive?

3. If the answers are both yes, is it worth hiring an attorney? I'd be willing to pay somewhat more than the fine to avoid points, but I don't want to bother if there's not a reasonable chance of winning.

In Central New York, in the village of Hamilton, I drove in the 35mph, about 20mph, but looked at the construction to my right, meanwhile the car in front of me stopped suddenly at a crosswalk, (it was the first day the college students were back in the village) and by the time I hit my breaks, I had already rear-ended him. He called the police, who gave me a ticket for "following too closely." I have a clean record and the police officer said, off the record, that the judge might reduce my moving violation to a parking violation if I plead not-guilty.

What should I do next? Call the court to see if I can enroll in a driver's safety course before my court date, just pay the ticket, or plead not-guilty. Either way I want to fix my truck so I'll contact my insurance, and the other guy will probably contact his insurance too. Should I wait to contact the insurance company till after the court date? do the points on my ticket matter to the insurance company, or will they hike up my rates based on the accident anyway.

Thanks for your advice.

Rob,

This ticket carries 2 points and roughly a $180 fine. I would fight it as there is a great chance in Nassau County to get this reduced to a 0-point, non-moving violation.

If you don't have the time, we are happy to handle it for you.

Feel free to call us for a free consultation.

Matthew Weiss, Esq.
212-683-7373

Re: Ask a New York Traffic Lawyer
Posted by: Rob (---.dyn.optonline.net)
Date: August 19, 2010 07:05AM

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.

Lyle Wrote:
-------------------------------------------------------
> I received a ticket for a red light violation,
> caught by a video surveillance on Northern
> Boulevard. I was driving my spouse's car, in
> whose name the car is registered. Does my
> violation affect her driving record or make her
> somehow culpable? I am paying the fine, but she's
> concerned about her record.


Lyle, this ticket carries 0 points and only a $50 fine. It will NOT affect your spouses insurance or driving record.

By the way, here's a list of New York City red light cameras and of Nassau County red light cameras.

AK Wrote:
-------------------------------------------------------
> I was making a left turn from Broadway. I
> completed the turn without stopping at the median
> that divides Broadway. I was then pulled over and
> given a ticket for disobeying a red light. I have
> three related questions:
>
> 1. Is it actually illegal to make a left from
> Broadway without waiting for the light at the
> median to change? I know that there are signs on
> Park Avenue telling you to stop at the median, but
> I don't think there are any at this intersection
> of Broadway, and I couldn't find a clear answer
> anywhere.
>

AK,

It is not illegal to make that turn if the light facing you is green as you enter the intersection. The cross street light does not apply to you unless the median is 30 feet (or wider) or unless a sign prohibits such a turn. I hope this helps.

Of course, getting this case in front of the right judge is critical. With any New York City traffic ticket case, there are no deals and many rules which make it is easier for the police officer. Here is a link to an article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau".


> 2. I found a case, People v. Bates, 209 N.Y.S.2d
> 229 (1960), which holds that a police officer
> needs to directly observe the red light in order
> to sustain a conviction. Am I correct in thinking
> that the ALJ is unlikely to find this line of
> argument persuasive?

This is a good argument if you can prove it. The police officer generally must see the same side of the light as the motorist to confirm its color when he or she approaches and enters the cross walk and intersection.
>
> 3. If the answers are both yes, is it worth hiring
> an attorney? I'd be willing to pay somewhat more
> than the fine to avoid points, but I don't want to
> bother if there's not a reasonable chance of
> winning.

It is worth hiring an experienced New York traffic lawyer to maximize your chance of winning.

Feel free to call us for a free consultation.

Matthew Weiss, Esq.
212-683-7373

Emily Oren Wrote:
-------------------------------------------------------
> In Central New York, in the village of Hamilton, I
> drove in the 35mph, about 20mph, but looked at the
> construction to my right, meanwhile the car in
> front of me stopped suddenly at a crosswalk, (it
> was the first day the college students were back
> in the village) and by the time I hit my breaks, I
> had already rear-ended him. He called the police,
> who gave me a ticket for "following too closely."
> I have a clean record and the police officer said,
> off the record, that the judge might reduce my
> moving violation to a parking violation if I plead
> not-guilty.
>
> What should I do next? Call the court to see if I
> can enroll in a driver's safety course before my
> court date, just pay the ticket, or plead
> not-guilty. Either way I want to fix my truck so
> I'll contact my insurance, and the other guy will
> probably contact his insurance too. Should I wait
> to contact the insurance company till after the
> court date? do the points on my ticket matter to
> the insurance company, or will they hike up my
> rates based on the accident anyway.
>
> Thanks for your advice.

Emily,

Definitely plead "not guilty". You will be offered a reduction in exchange for your withdrawing your not guilty plea. This is a 4 point ticket so you have a lot of room to improve.

I have to add that you have an excellent defense because the police officer did not observe the offense.

Your auto insurance rates cannot be increased for the one ticket but coupled with the accident they can be raised. This further favors fighting your ticket.

Feel free to call me if you have any further questions.

Best,

Matthew Weiss, Esq.
212-683-7373

I received a speeding ticket on 12/30/08 and plead guilty where I received 6 points on my license, but recently got a ticket for making a left turn when the sign said not to on 02/11/2010. The officer understood my reason for making the turn because I was trying to get to a doctors appointment for my son. He directed me to plead guilty so I could probably get a fine as opposed to points on my license. Is this something that is possible when I go to court and if not is there a chance my license could get suspended? This happened in Yonkers,ny.

Re: Ask a New York Traffic Lawyer
Posted by: Christopher Jackson (---.dyn.optonline.net)
Date: August 26, 2010 05:22PM

I received a speeding ticket on 12/30/08 and plead guilty where I received 6 points on my license, but recently got a ticket for making a left turn when the sign said not to on 02/11/2010. The officer understood my reason for making the turn because I was trying to get to a doctors appointment for my son. He directed me to plead guilty so I could probably get a fine as opposed to points on my license. Is this something that is possible when I go to court and if not is there a chance my license could get suspended? This happened in Yonkers, NY.

Christopher,

Do NOT plead guilty. You want to plead not guilty. This ticket carries only 2 points so with your prior speeding, your worst case is only 8 points. Because you are allowed up to 10 points, a conviction to this new ticket will NOT result in your license being suspended.

With that said, if you fight it, you will very likely be offered a no-point plea bargain. Just ask for a conference and I am sure the prosecutor will reduce it to a 0-point violation. If you cannot attend court, feel free to call us to discuss having us appear for you.

Best,

Matthew Weiss, Esq.
212-683-7373

Mathew,

First and for most, what a great service you are providing.

In Brief, my wife just beat cancer and we took a trip to Niagara to celebrate her last chemo and to take somewhat of a honeymoon as she was just diagnosed a month before we were supposed to wed. I was given a ticket on I 81 south on the way home in chenango going 84 in a 55. I I would like to beat it or at least bring it down to a no point or low point ticket. I really cant afford the 300 surcharge that i read comes with a 6 point ticket. I have a clean record, am 28, and really cant afford any of this.

This court is 3.5 hours away. What are my chances If I go to court myself after pleading not guilty. ( I still have not sent in ticket, but must respond today or tomorrow) DO you think i will be able to bring it down to no points or at least a 2 or 4 pointer to avoid the 300. Just curious about your experience with there court and the flexibility. What would your advice be?

Hi,

I got a call from the Orchard Park Police Sunday morning after the Buffalo Bills game. Apparently I hit another car as I was pulling out and I didn''t realize it. He said that the other car is not filing an accident report or contacting his insurance cmpany because both of our cars have under $1,000 worth of property damage. It''s basically a few scrapes/scratches and paint transfer.

The cop said that a witness saw me hit the car and got ahold of the police and told them my plate number and then the cop mailed me a ticket for Leaving the Scene of an Accident with Property damage. 6001A. What should I do? If I plead guilty, it's 3 points on my license and will hurt my insurance rates, and I'm sure the fine will be expensive. Please let me know if I should plead guilty or plead not guilty and hopefully get it reduced? What kind of fine am I looking at for this ticket? Thank you for your help.

Scott,

I am very glad to hear about your wife's recovery. Indeed, excellent news! I hope your celebration in Niagara was otherwise memorable.

In regard to your ticket, if most courts in the Niagara area, they will plea bargain (i.e., reduce it in exchange for your guilty plea to the lesser charge). The one exception is this area is the City of Buffalo which resolves tickets within the Traffic Violations Bureau (TV system. In any TVB court there is no plea-bargaining.

Assuming you're ticket was issued outside the City of Buffalo, plea not guilty by mail (makes a copy of your paperwork and send via delivery confirmation), and ask for a plea by mail explaining your positive factors (clean record, took the driver safety class, etc). If this court allows pleas by mail, they will send you an offer which will save you points and the $300 driver assessment fee.

Feel free to call me if you have any further questions.

Matthew Weiss
212-683-7373