Ask a New York Traffic Lawyer

Posted by askanewyorker 
Brandon,

Radar/laser gun calibration may be an issue but it depends what the police officer states during his presentation.

The wrong vehicle could be a defense but, again, depends on what the police officer testifies about his observations.

Unfamiliarity with rental vehicle will NOT help you. It's not a valid defense to speeding in New York.

There may be other defenses to assert but I wouldn't know without speaking with you.

Matthew Weiss
212-683-7373
Hi,
My friend just got a ticket for driving with both earpieces in while on the phone with me. I see from google that it is illegal in NY to listen to music in both ears, but is there any differentiation if the earphones are used for talking? (As you can still hear all traffic noises around you). Is it worth it for her to fight?
Thank you
Amyearl,

If this case is not pending at a Traffic Violations Bureau court, then she could fight this and try and get it reduced.

Matthew Weiss

Hi,
My friend just got a ticket for driving with both earpieces in while on the phone with me. I see from google that it is illegal in NY to listen to music in both ears, but is there any differentiation if the earphones are used for talking? (As you can still hear all traffic noises around you). Is it worth it for her to fight?
Thank you

Amyearl
Hi Matthew,

First off, let me say, thanks for doing what you do. You provide an invaluable service.

My situation is this. At the end of August in 2013, I received a 1110A. The ticket was issued at the intersection of Astoria Blvd and 31st Street by the BQE. Apparently, no left turns are allowed between 4pm and 7pm. Without looking at the ticket, I believe it was around 645pm or so when the incident occurred.

I was driving a rental car as I don't have a car of my own. I know that is not a valid excuse for not knowing the placement of signs, but my issue is this. The subway is above ground at this intersection in Astoria and even at 645pm in August, it's very dark and shadowy and I honestly did not see the sign that is in fact posted because it was so dark in the area. There is no lighting outside of the traffic lights and so what would be easy to see otherwise wasn't so much here. I also thought there was a vehicle in front of me blocking my view who also made this left turn, but my memory is a little foggy on that at this juncture and I should've taken better notes in hindsight. The sign itself is actually posted at the stoplight, which in a dark and congested area, I find problematic, but I'm sure that isn't relevant.

I did plead not guilty at the time and my court date is a few weeks away now. Do I have any hopes of having my case dismissed in your opinion? Is claiming the area was poorly lit a legitimate defense? I could definitely go take pictures of what it looks like at that hour around the court date for a more accurate depiction.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
June 28, 2014 05:40PM
TheQueens Guy,

If the signs are not clearly marked or illuminated, this is a valid defense. Of course, the police officer will likely testify that the signs were clear and visible. Photographic proof taken close in time to the date of the offense is helpful. With that said, I think you're a long shot to win on this defense.

Good luck!

Matthew Weiss


TheQueensGuy Wrote:
-------------------------------------------------------
> Hi Matthew,
>
> First off, let me say, thanks for doing what you
> do. You provide an invaluable service.
>
> My situation is this. At the end of August in
> 2013, I received a 1110A. The ticket was issued
> at the intersection of Astoria Blvd and 31st
> Street by the BQE. Apparently, no left turns are
> allowed between 4pm and 7pm. Without looking at
> the ticket, I believe it was around 645pm or so
> when the incident occurred.
>
> I was driving a rental car as I don't have a car
> of my own. I know that is not a valid excuse for
> not knowing the placement of signs, but my issue
> is this. The subway is above ground at this
> intersection in Astoria and even at 645pm in
> August, it's very dark and shadowy and I honestly
> did not see the sign that is in fact posted
> because it was so dark in the area. There is no
> lighting outside of the traffic lights and so what
> would be easy to see otherwise wasn't so much
> here. I also thought there was a vehicle in front
> of me blocking my view who also made this left
> turn, but my memory is a little foggy on that at
> this juncture and I should've taken better notes
> in hindsight. The sign itself is actually posted
> at the stoplight, which in a dark and congested
> area, I find problematic, but I'm sure that isn't
> relevant.
>
> I did plead not guilty at the time and my court
> date is a few weeks away now. Do I have any hopes
> of having my case dismissed in your opinion? Is
> claiming the area was poorly lit a legitimate
> defense? I could definitely go take pictures of
> what it looks like at that hour around the court
> date for a more accurate depiction.
Hi Matthew. I was pulled over for a disobey stop sign violation (1172-A) in midtown NYC. I have a clean record over the last 10 years. Is it worth fighting the ticket? Should I just pay the fine and take a defensive driver class in NJ to wipe the 2 pts off my record?
I was speeding 73 in 55, the officer felt sorry for me and just gave me a ticket for obstructed view. My GPS is attached to my windshield just above the dash, in the middle, and he did mention that I could get a bag to sit it on, which I believe would make it stand higher in my line of sight. I do not feel that my sight is affected and I am glad I did not get the speeding ticket, but can I fight the obstructed view? Can I show that I moved the GPS and would that make any difference? Or should I just be thankful and pay the fine? Could I write a letter to the DA asking for a reduction or dismissal if I do move the GPS off the windshield? Please advise. Thank You
Re: Ask a New York Traffic Lawyer
August 19, 2014 01:51PM
Ticket Info: Driver did fail to move over for stopped emergency vehicle with Lights activated on the shoulder of two lane interstate. Left lane was unoccupied when vehicle passed emergency vehicle.
Question: 1. If pley of gulty - how many points and how much i have to pay and what else it will cost me?
2. If I Plea of NOT Guilty, What I have to do since I got this ticket in BROOME, NY and I live in Brooklyn, NY?
Please be advice.
Reply Quote
Matthew Weiss
Re: Ask a New York Traffic Lawyer
August 20, 2014 12:04PM
NJ Guy,

If you have a clean record and are not prone to getting tickets, then you may want to just pay this one. NYC does not plea bargain tickets so it is hard to win at their Traffic Violations Bureau courts.

Matthew Weiss


NJGuy Wrote:
-------------------------------------------------------
> Hi Matthew. I was pulled over for a disobey stop
> sign violation (1172-A) in midtown NYC. I have a
> clean record over the last 10 years. Is it worth
> fighting the ticket? Should I just pay the fine
> and take a defensive driver class in NJ to wipe
> the 2 pts off my record?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
August 20, 2014 12:07PM
Cheryl,

Pay the ticket! Obstructed view tickets carry 0 points and do not affect your insurance rates. You can't do much better than that. If you challenge the ticket, the prosecutor could ask to amend it back to the original, more serious charge.

Matthew Weiss


Cheryl Schuyler Wrote:
-------------------------------------------------------
> I was speeding 73 in 55, the officer felt sorry
> for me and just gave me a ticket for obstructed
> view. My GPS is attached to my windshield just
> above the dash, in the middle, and he did mention
> that I could get a bag to sit it on, which I
> believe would make it stand higher in my line of
> sight. I do not feel that my sight is affected and
> I am glad I did not get the speeding ticket, but
> can I fight the obstructed view? Can I show that I
> moved the GPS and would that make any difference?
> Or should I just be thankful and pay the fine?
> Could I write a letter to the DA asking for a
> reduction or dismissal if I do move the GPS off
> the windshield? Please advise. Thank You
Matthew Weiss
Re: Ask a New York Traffic Lawyer
August 20, 2014 12:12PM
Askanewyorker,

A move over ticket carries 3 points and roughly a $150 fine.

If you plead not guilty, then you can do a plea via mail because Broome County is one of the places in NYS that allows them. Or take the case to trial where you'll have to appear in person.

Matthew Weiss

askanewyorker Wrote:
-------------------------------------------------------
> Ticket Info: Driver did fail to move over for
> stopped emergency vehicle with Lights activated on
> the shoulder of two lane interstate. Left lane was
> unoccupied when vehicle passed emergency vehicle.
>
> Question: 1. If pley of gulty - how many points
> and how much i have to pay and what else it will
> cost me?
> 2. If I Plea of NOT Guilty, What I have to do
> since I got this ticket in BROOME, NY and I live
> in Brooklyn, NY?
> Please be advice.
> Reply Quote
Re: Ask a New York Traffic Lawyer
August 28, 2014 06:27PM
Was traveling west-bound on Canal street (right lane), preparing to make a right-hand turn onto 6th ave (believe this is 4 lanes of traffic). Approach Canal above West Broadway, and two oversize trucks are parked in the right-hand lane, making it impossible to turn right, and completely obscuring visibility. Signal left, go around them, signal right to go in front of them, and realize there are two cars in front of the trucks turning; I keep right-hand signal on and turn onto 6th Ave. I take this route at least 2-3 times a week and people often turn from both right lanes (note: there is no turning lane signage on either the road or roadsigns). Was pulled over for making "improper right hand turn". Office hands me ticket, circles back for $138 fine, and tells me he's giving me a ticket, but no points.
Go to pay ticket today, and see there are 2 points associated in addition to fine. Plead not guilty instead of paying fine, and have a hearing date in the new year. Realize it's my word/hearing against his on the points vs. no points; but I see 1163a is failure to signal - and is often given in conjunction with 1160a (improper right turn). The ticket notes say "Improper right turn w/b canal St I/O NB 6Ave". and the violation is 1163a (no 1160a).
Is this a case?
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