Ask a New York Traffic Lawyer

Posted by askanewyorker 
Michael Wrote:
-------------------------------------------------------
> 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.


Hi Michael,

Ouch! I hope the Bills, at least, won the game!

Anyway, definitely plead not guilty. On your court date ask for a conference. This charge is a bad one because of the points, negative insurance consequences and the nature of the charge.

I do recommend that you retain a New York traffic lawyer because you have a very good defense. While the police have belatedly charged you with leaving the scene, he or she did not see you commit the offense. It is going to it hard for them to prove that you were the operator of the vehicle. Unlike a parking ticket, an leaving the scene offense is a moving violation and, therefore, follows the driver (not the car's owner). Unless the individual whose car was hit comes into court and can positive ID you, then it is a serious weakness in their case.

Of course, I don't know what you told the police officer. Any incriminating statements which you made will be used against you. On the other hand, I assume when you use the word "apparently", that you may not have hit anyone and possibly may not even have been the driver. We can discuss this if you want a consultation but do NOT answer these questions online.

Either way, you want to plead not guilty and negotiate it to a lesser charge. I just feel it would be better for you to have a "buffer" in this case in the form of a New York traffic lawyer.

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

Matthew Weiss
212-683-7373
Re: Ask a New York Traffic Lawyer
September 15, 2010 08:22AM
Hi,
I got a ticket for not following a left lane only pavement marking because I did not see it on the pavement it was 6:35 am. No physical signs are posted anywhere indicating left only in two lane road. I was behind 4 cars waiting in traffic so the pavement marking was not visible. I heard it was rule to use pavement markings only as a supplement. I have not received any points or tickets for the last 10 years so how would I proceed? Thank you for your help.
I recieved a "no-seat" belt ticket in NYC - tried to pay it online and says ticket is not in the system. I noticed the officer wrote in my DOB wrong do I still have to pay it. I've tried several times online to pay it and it tells me I will be notified when the ticket is in the system
JoAnne,

You may have gotten lucky. If you ticket never hits the system, it is as good as a dismissal. With our clients, we check the ticket for, at least, 6 months before "retiring" it.

One word of advice, Make sure that your current mailing address is the same as that on your license to make sure you receive any DMV notices about this case.

Matthew Weiss

JoAnne DeLucca Wrote:
-------------------------------------------------------
> I received a "no-seat" belt ticket in NYC - tried
> to pay it online and says ticket is not in the
> system. I noticed the officer wrote in my DOB
> wrong do I still have to pay it. I've tried
> several times online to pay it and it tells me I
> will be notified when the ticket is in the system
Zach,

Disobeying a traffic control device is a 2-point ticket but won't hurt your auto insurance rates or license (unless you get another ticket or get into an accident within the next 36 months).

I would still fight it so you can try and keep your license clean. Here's an article to help you fight it yourself. It is focused on speeding tickets but should still be helpful.

[www.nytrafficticket.com]

Good luck,

Matthew Weiss


zach letas Wrote:
-------------------------------------------------------
> Hi,
> I got a ticket for not following a left lane only
> pavement marking because I did not see it on the
> pavement it was 6:35 am. No physical signs are
> posted anywhere indicating left only in two lane
> road. I was behind 4 cars waiting in traffic so
> the pavement marking was not visible. I heard it
> was rule to use pavement markings only as a
> supplement. I have not received any points or
> tickets for the last 10 years so how would I
> proceed? Thank you for your help.
Re: Ask a New York Traffic Lawyer
September 30, 2010 03:27PM
Hello Matthew,
a few days ago I was caught speeding in Jefferson County NY, 20 miles above the limit. I have felt dreadful these past few days and am at a loss as to what to do. One part of me wants to pay whatever fine, the other part wants to lessen the charge but not look ignorant in front of the Judge. The Court is 5 hours away but I'm willing to travel in an attempt (if possible) to have the punishment relented. My record is spotless,so I'd like to think that it's possible. If I plead NOT Guilty, what happens? Is it an automatic court date? Is it guarunteed that I'll speak to a DA? What happens if I don't speak to the DA and the Judge still finds me guilty (as I don't have a real argument against going my regrettable speed)
James
Re: Ask a New York Traffic Lawyer
September 30, 2010 10:30PM
I'd like to also add, that the 48 hours not guilty plea for mailing has passed. Is this a problem or can I mail it in tomorrow?

Thanks!
James,

Even though the 48-hour period has run, you will not have a problem as long as you answer the ticket shortly. I definitely recommend fighting it. This speeding ticket carries 6 points, can hurt your auto insurance rates and will subject you to an extra $300 fee.

If you fight it, you can likely avoid an increase and the $300 fee as well as save points. You will be offered some type of reduction if you travel to the court and conference the case (especially given your clean record). Just be polite and respectful. The court will very likely not want to spend 45 minutes or more on doing a trial for your case and that is why some plea offer will be made.

If you are unable to make the trip or concerned about fighting it yourself, feel free to call us for a free consultation. If you hire us, you will not have to appear in court as we handle everything for one flat fee.

Matthew Weiss
212-683-7373

James Wrote:
-------------------------------------------------------
> Hello Matthew,
> a few days ago I was caught speeding in Jefferson
> County NY, 20 miles above the limit. I have felt
> dreadful these past few days and am at a loss as
> to what to do. One part of me wants to pay
> whatever fine, the other part wants to lessen the
> charge but not look ignorant in front of the
> Judge. The Court is 5 hours away but I'm willing
> to travel in an attempt (if possible) to have the
> punishment relented. My record is spotless,so I'd
> like to think that it's possible. If I plead NOT
> Guilty, what happens? Is it an automatic court
> date? Is it guarunteed that I'll speak to a DA?
> What happens if I don't speak to the DA and the
> Judge still finds me guilty (as I don't have a
> real argument against going my regrettable speed)
Re: Ask a New York Traffic Lawyer
October 02, 2010 04:09PM
Matthew:

I am a CDL driver and today I received two tickets. The first one is for Commercial Vehicle on Bronx River Pkwy and the second for Truck/Trailer 33 feet or more off truck route.

I know I'm not supposed to be on parkways, but traffic wouldn't allow me to not get on. I tried to avoid it, but was causing a bigger traffic back up. In trying to avoid driving any further on the parkway I immediately pulled into an area for the Parks Dept that had an exit that would lead me away from the parkway. A Highway One cop came into that area and gave me the two tickets.

Should I plead not guilty and fight them. Aren't these two tickets for the same thing? Also, am I understanding the back of the ticket in that each one is $330. I am on unemployment and work a day here and there and it just so happened that on this day I got tickets. Will there be points for these tickets? It's hard enough trying to find a job, I don't want to have points too.

Thanks for your help. You're providing a great service.
John,

The "no commercial vehicles on parkway" ticket likely carries 2 points. If it is written under VTL 1110a then its carries points. Otherwise, you'll have to let me know what section it is written under. The "off truck route" is a 2-point ticket too.

I would definitely right them. Although they are different offenses, they did arise out of the same, single illegal maneuver. Therefore, you can argue that they are redundant.

I hope this helps but if you need more advice, feel free to call us at 212-683-7373.

Matthew Weiss


john Wrote:
-------------------------------------------------------
> Matthew:
>
> I am a CDL driver and today I received two
> tickets. The first one is for Commercial Vehicle
> on Bronx River Pkwy and the second for
> Truck/Trailer 33 feet or more off truck route.
>
> I know I'm not supposed to be on parkways, but
> traffic wouldn't allow me to not get on. I tried
> to avoid it, but was causing a bigger traffic back
> up. In trying to avoid driving any further on the
> parkway I immediately pulled into an area for the
> Parks Dept that had an exit that would lead me
> away from the parkway. A Highway One cop came
> into that area and gave me the two tickets.
>
> Should I plead not guilty and fight them. Aren't
> these two tickets for the same thing? Also, am I
> understanding the back of the ticket in that each
> one is $330. I am on unemployment and work a day
> here and there and it just so happened that on
> this day I got tickets. Will there be points for
> these tickets? It's hard enough trying to find a
> job, I don't want to have points too.
>
> Thanks for your help. You're providing a great
> service.
Re: Ask a New York Traffic Lawyer
October 04, 2010 03:17PM
Matthew:

Thanks for your response. The tickets have the "traffic rules" section circled, not the VTL.

One ticket is in violation of 4-13 and the other 4-14A2.

John
JL
Re: Ask a New York Traffic Lawyer
October 05, 2010 01:33PM
I made a left turn out of shopping mall parking lot in White Plains NY. Made an
illegal left turn not seeing the no left turn sign. A policewoman was waiting there to give tickets...my yicket says 2-radar. What do I do now?
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