Ask a New York Traffic Lawyer

Posted by askanewyorker 
Ask a New York Traffic Lawyer
April 07, 2009 05:22PM
New York Traffic Lawyer

New York Traffic Ticket Lawyer - Weiss & Associates, PC
Getting a New York speeding ticket or traffic ticket is never fun, but fighting it does not have to be complicated. In fact, it can be no big deal.

Reduce the hassle and stress associated with fighting a New York traffic ticket. Our staff will explain in plain English the process and will be honest about your prospects. Eliminate the need to wait on a DMV line or waste time in traffic court ... hire us instead. At the end of the day, you'll see it's no big deal!

Uberchic Hilary Topper introduced me to Mathew Weiss. []

Edited 6 time(s). Last edit at 04/12/2010 06:00AM by askanewyorker.
Hi. Feel free to submit any type of vehicle and traffic law questions and I will be glad to answer. Should I fight a particular traffic ticket? How do I figure out how many points are on my license? Do I need a traffic lawyer? I am here to help.

Matthew Weiss
Re: Ask a New York Traffic Lawyer
April 14, 2009 08:49AM
Thanks Matt

[] thumbs up
Re: Ask a New York Traffic Lawyer
April 20, 2009 06:26AM
Traffic Tips To Avoid NY Speeding Tickets And Other Moving Violations
Below is a complete list of our traffic tips. These tips involve avoiding tickets, what to do if you are caught speeding or committing some other type of moving violation, preparing for your traffic ticket trial, and how to handle yourself when fighting your traffic ticket. Feel free to email us your traffic tip. If we like it, we will include in this site.
1 - Avoiding Tickets: Maintain a reasonable distance behind another vehicle. Let another driver "clear" the way.

2 - Avoiding Tickets: Drive in a pack (i.e., with car in front of you and behind you).

3 - Avoiding Tickets: Keep your car well maintained. Broken head lights, dangling mufflers, etc., will encourage police officers to stop you and write you up.

4 - Avoiding Tickets: Be vigilant. If you don't have a clear view, then be extra careful.

5 - Avoiding Tickets: Do not pass a police officer. Seems obvious but ...

6 - Avoiding Tickets: Don't drive cars which attract attention (ex. high performance, bright red, etc).

7 - At Conference or Trial: "My speedometer was broken" is not an accepted defense.

8 - At Conference or Trial: "I was going with the flow of traffic" defense never works.

9 - At Conference or Trial: The fact that you were the only one pulled over is irrelevant regardless of the number of other speeding cars around you.

10 - At Conference or Trial: "The officer was rude" defense does not help defeat a traffic ticket.

11 - At Trial: Be prepared, succincnt and relevant. Judges do not appreciate rambling or redundant presentations.

12 - At Conference or Trial: It does not matter if the officer gives you mis-information, like "this ticket carries no points".

13 - At Trial: Only ask the officer questions. Do not make statements addressed to him or her.

14 - At Trial: Look for and highlight any inconsistencies in the officer's testimony. Compare his testimony to the ticket, his notes, the supporting deposition or any other evidence.

15 - At Trial: Look for omissions. Did the officer clearly and completley explain who, when, where, etc.?

16 - During the Car Stop: Be polite and responsive.

17 - During the Car Stop: Don't argue with the officer.

18 - During the Car Stop: Pull over as quickly as possible and in a safe manner.

19 - During the Car Stop: Do not admit to committing a traffic violation when answering the question "Do you know why I pulled you over?"

20 - At Trial: Do not challenge an officer's integrity. Say something like he or she must have a less than clear recollection.

21 - During the Car Stop: Roll down your window and keep your hands on the wheel as the officer approaches.

23 - Avoiding Tickets: Don't forget about the "known" speed traps.

25 - Preparing For Trial: Take many photos of the scene of the offense or other relevant items. Take them as soon as possible following the receiving the ticket.

26 - During The Car Stop: While the officer is writing, you should be writing too. Record as many details as you can as it can help at trial

24 - 24: Preparing For Trial: Always make a copy of the front of your ticket. Many courts (including the TVcool smiley will not return the original ticket if you send it to them.

21 - Tip #22: During the Car Stop: Don't flaunt your brother's girlfriend's cousin's PBA card. Simply allow the officer to see that you have one as you "look for" your license.

27 - Preparing for Trial: Never wear shorts, muscle shirts, hats or cut offs to court. How you dress can have a direct correlation to the respect that you receive.

28 - During The Car Stop: Always pull your car over as far as you can to the side of the road so the officer will not be as worried about traffic when he approaches your car [thanks to Chris W].

29 - Tip #29: Avoiding Tickets; Do not enter an intersection until there is enough space beyond the far cross walk to accommodate your car
I recently was caught in a check point which I had no problem unknowingly that when the officer came back he put me under arrest for a suspended license first he told me I live in Brooklyn (I live in New Jersey) then he told me I would have to straighten it up w/a judge so I spent 2.5 days in jail for a suspension I had no idea assisted. It turns out someone used my name about 2-3 yrs ago for a ticket (which I still dont know whats for) now the only thing they told me is that the ticket was a couple of yrs old and on the ticket their was an address in which I havent lived in about 14-15 yrs. I tried to explain that their must be a mistake and someone used my name and didnt know my new address. Neitherless when I went to court the public defendant wanted me to plea guilty and pay a heavy fine for something I have no idea what it is. He said the law states that it doesnt matter if it was me or not my name is on the ticket so Im guilty. I tried to explain that the address is an old address but he was def not on my side. Can someone please tell me something on how to fight this ticket?
Lisset, I am sorry for your misfortune. The law in New York states that it is a crime to drive when you know or should know that your license is suspended. If you did not get the ticket and did not receive notice of the suspension, then you have a valid defense to the charge. Of course, you want to weight the principle of being right versus the benefit of going to trial. If you are being offered a minor, non-criminal charge in exchange for a guilty plea, it likely would be best to accept the offer. I would be glad to discuss with you. Feel free to call me on Monday at 212-683-7373.

Thanks Matthew Weiss, Esq.
Re: Ask a New York Traffic Lawyer
June 09, 2009 02:06PM
Good day
I would like to know which would be the best method to address my situation

I received 3 summonses by a NYPD Traffic cop. (not a regular cop)
Travelling SB on van wyck
1. no insurance (I couldnt find it from nerves)
2. cracked windshiled
3. failure to follow with order which carries 2 points

I already plead not guilty. I have a scheduled court date. The experience was not pleasant nor in my opinion was the officer. I was under the impression Traffic cops can not write on expressways.
please help thanks
If you have and produce insurance for the car the uninsured motorist ticket will be dismissed.

The cracked windshield will be dismissed if you repair it within 24 hours and produce proof of repair.

The failure to follow order is a moving violation and, as you note, carries 2 points. It is a relatively easy case for an officer but it may be worth fighting.

Feel free to call me for a free consultation.

Matthew Weiss
Re: Ask a New York Traffic Lawyer
June 22, 2009 03:20PM
How much is the fine for going 44 in a 30 mph zone?
The fine is about $160 and a conviction carries 4 points on your record.
Dear readers:

With New York facing a record budget deficit, politicians are looking to motorists to help make up the difference. The surcharge on a ticket has already increased fro $50 to $60, and now to $80 per traffic ticket.

1 - fine schedule - for guilty pleas by mail or at the counter for New York City traffic tickets written on or after July 6, 2009 - most fines are increasing approximately 25 percent.

2 - surcharges - for tickets written on or after July 6, 2009 - (a) the max amount of surcharges per incident is increasing - cap will be $180 - (b) the additional $20 fee on each ticket continues as before.

3 - (a) stf's - suspension termination fees increasing to $70 (from $35); (b) max amount of stf's paid in a single day is increasing. Cap will be $400

What do you think of using DMV fines and fees as a way of taxing New York residents?
I got a ticket in the Bronx for (no seat belt/ seating next to the driver. Although I was not driving, the officer told me that this ticket would not interfere with my license, The officer did not even talk to the driver. Is that normal?

However, in the appointment for the hearing it says: If you do not pay this fine or if you don't come to the hearing, your license could be suspended.
What my license has to do with it when I was not even driving!

What should I do at the hearing? Is it very difficult to go through this??
This is the first time I had such a fine
Thanks for your help.


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