Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
August 29, 2014 11:06PM
Unfortunately, this is not a case. This ticket DOES carry 2 points and the officer's misinformation does not help your defense. The VTL section of 1163 is valid for an improper turn ticket. With that said, you have nothing to lose by fighting your ticket.

Good luck!

Matthew Weiss

askanewyorker Wrote:
-------------------------------------------------------
> 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?
Steve Clowe
Re: Ask a New York Traffic Lawyer
September 19, 2014 12:14PM
got a ticket for uninspected vehicle. Cop gave me the ticket on Sept. 2 and I had a July sticker on my car (which I assume means it expires at the end of July). My only problem is he gave me a ticket for over 60 days which is $50 more than under 60 days. Whats my next move?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 20, 2014 10:37PM
Steve,

You cannot beat this ticket because you obviously did not have a valid inspection. The court will assess the appropriate fine but, of course, when you enter your plea of guilty, you should go over the fine amount. This ticket carries 0 points by the way.

Matthew Weiss


Steve Clowe Wrote:
-------------------------------------------------------
> got a ticket for uninspected vehicle. Cop gave me
> the ticket on Sept. 2 and I had a July sticker on
> my car (which I assume means it expires at the end
> of July). My only problem is he gave me a ticket
> for over 60 days which is $50 more than under 60
> days. Whats my next move?
Re: Ask a New York Traffic Lawyer
September 21, 2014 11:05AM
On the 17of sept 2014.i got stop by ny police in brooklyn at 66st and ft.harminton prkway N/B.i was driving a commercial vehicle and my cdl license is frm NJ.i got a ticket for OFF TRUCK ROUTE AND ANOTHER FOR COMM.VEHICLE ON PARKWAY.HOW CAN I AVOID POINTS ON MY LICESENCE?CAN JUST PAY THE VIOLATION FOR OFF TRUCK ROUTE AND REQUEST TO DISSMISED THAT TICKET FOR COMM.VEHICLE ON CITY PARKWAY?
Re: Ask a New York Traffic Lawyer
September 21, 2014 09:47PM
Hi,

I'm from MA and today I made the mistake of backing up at the Whitestone Bridge in NYC (I got on the ezpass lane before i even got to paying booth…while backing up a bit I noticed the sign that read along the lines you can't backup or you'll get fined and two points on your license). My question is will i get the ticket on the mail or would I have gotten the ticket on the spot? Or do they use their cameras to send you the ticket over the mail? If i get two points on my license how can I clear it off my record?

Hope you can help me. Thanks!

Matthew Weiss Wrote:
-------------------------------------------------------
> I. Myriam,
>
> Because the officer did not issue you a
> NYC traific
> ticket
on the spot, you most very likely
> will not be ticketed for the illegal backing.
> Once in a blue moon, a motorist is sent a ticket
> in the mail but it is extremely rare occurrence
> (especially for a New York City violations).
>
> Relax, you are most likely in the clear.
>
> Happy Holidays!
>
> Matthew Weiss
>
> I. Myriam Wrote:
> --------------------------------------------------
> -----
> > I was at the Whitestone Bridge earlier today
> and
> > mistakenly found myself in a lane that was
> EZPass
> > only. I backed up well in advance of the toll
> > booth and re-entered another lane that,
> > unfortunately, also happened to be EZPass only.
>
> >
> > This lane even though it was EZPass only
> happened
> > to be manned. I pulled up and offered the
> driver
> > the $10 (two fives) I had in my hand. He told
> me
> > there was no cash facility in that lane. I
> > apologized profusely and he said to me, "I'll
> have
> > to take the 10 bucks to let you go." I happily
> > handed him the cash, he warned me not to make
> this
> > same mistake again, and opened the orange gate
> > thing. I flew off.
> >
> > Now I am wondering if having initially backed
> up
> > in the other lane will cost me the 2 points on
> my
> > license? Is there any way they could have
> possibly
> > gotten my license plate through a camera as I
> was
> > backing up? Or maybe the toll booth person
> himself
> > wrote me a ticket after I handed him the money
> and
> > drove off?
> >
> > It was my understanding that in ordered to be
> > "summoned" for the 2 point violation a police
> > officer would have to actually pull you over
> > and/or somehow demand your license. Points are
> put
> > on your license after all.
> >
> > Please help! I would appreciate any and all
> > comments and suggestions! Thanks!
G
Re: Ask a New York Traffic Lawyer
September 21, 2014 09:53PM
Also, will this increase my insurance rate?
Re: Ask a New York Traffic Lawyer
September 24, 2014 07:23AM
Hello,

I received an "Uniform Traffic Ticket" in NY state (county Livingston)
- Section 1110A - Disobeyed Traffic Control Device
- Time: 3:31 am in the morning

I am a Canadian permanent resident and Ontario resident

The NY trooper said that I was doing 55mph downhill on the 30mph zone.

Never had any kind of traffic tickets/violations and the officer said that he charge me only with "Disobeyed Traffic Control Device" / sect. 1110A


The form states:
- Return by Mail Before or In Person On: 10/Oct/2014 at 5.00 pm

What I have done:
I filled in the form, plead "Not guilty" and mailed it over; will be reaching by tomorrow morning through FedEx

As a Canadian PR holder often traveling to US - I need to have this problem solved asap.

Your advice would be very much appreciated.

Thanks in advance for your response.



Edited 1 time(s). Last edit at 09/22/2014 07:56PM by kilamans.
Reply Quote
Re: Ask a New York Traffic Lawyer
September 25, 2014 08:11AM
G,

This unsafe backing ticket alone will likely NOT affect your insurance rates. In New York, you may receive one "small" ticket without your rates going up. I assume MA is the same.

Matthew Weiss

G Wrote:
-------------------------------------------------------
> Also, will this increase my insurance rate?
Re: Ask a New York Traffic Lawyer
September 25, 2014 08:15AM
This ticket carries 2 points in NY and will transfer as 2 demerit points in Ontario. On your court date, you may be able to negotiate this down to a 0-point ticket that doesn't transfer to Ontario. However, because the police officer already gave you a "roadside" break, you may not be offer a reduction. Give it a shot, however. Good luck!

Matthew Weiss

PS If you do not want to travel back for your court date, then you can retain a New York traffic lawyer who can appear in your instead.

askanewyorker Wrote:
-------------------------------------------------------
> Hello,
>
> I received an "Uniform Traffic Ticket" in NY state
> (county Livingston)
> - Section 1110A - Disobeyed Traffic Control Device
>
> - Time: 3:31 am in the morning
>
> I am a Canadian permanent resident and Ontario
> resident
>
> The NY trooper said that I was doing 55mph
> downhill on the 30mph zone.
>
> Never had any kind of traffic tickets/violations
> and the officer said that he charge me only with
> "Disobeyed Traffic Control Device" / sect. 1110A
>
>
> The form states:
> - Return by Mail Before or In Person On:
> 10/Oct/2014 at 5.00 pm
>
> What I have done:
> I filled in the form, plead "Not guilty" and
> mailed it over; will be reaching by tomorrow
> morning through FedEx
>
> As a Canadian PR holder often traveling to US - I
> need to have this problem solved asap.
>
> Your advice would be very much appreciated.
>
> Thanks in advance for your response.
>
>
>
> Edited 1 time(s). Last edit at 09/22/2014 07:56PM
> by kilamans.
> Reply Quote
Re: Ask a New York Traffic Lawyer
September 27, 2014 11:50PM
I was driving on liberty ave, and 132 street in Queens, going towards 131 street, when I made a uturn on the corner of 132 street, going back toward 133, (3 short avenue blocks to the Van Wyck Expwy) on 7/25/12. (today is 9/28/14). There are food stores on the side of the street I was driving on and some apartments above them. On the other side of the street, it's more pv houses than business. There are metered parking. The officer was hiding in a bus stop right in front of the turn in an unmarked car. He rushed out and issued a ticket saying that I made an illegal u turn in a business district. There are no signs anywhere at all for at least a mile in either direction I searched prohibiting such or stating it's a business district. What defenses do I have? thanks.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 29, 2014 07:37AM
Joe,

VTL Section 105 defines as "Business District as follows:

"The territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings, which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway."

From your description, it sounds like your U-turn was made illegally (i.e. within a business district). With that said, you can still fight this 2-point ticket. The police have the burden of prove their case against you (not the other way around) so you can hope that they are unable meet this burden. I wrote an article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau" which will help you prepare and defend yourself.

Matthew Weiss

Joe Melnick Wrote:
-------------------------------------------------------
> I was driving on liberty ave, and 132 street in
> Queens, going towards 131 street, when I made a
> uturn on the corner of 132 street, going back
> toward 133, (3 short avenue blocks to the Van
> Wyck Expwy) on 7/25/12. (today is 9/28/14). There
> are food stores on the side of the street I was
> driving on and some apartments above them. On the
> other side of the street, it's more pv houses than
> business. There are metered parking. The officer
> was hiding in a bus stop right in front of the
> turn in an unmarked car. He rushed out and issued
> a ticket saying that I made an illegal u turn in a
> business district. There are no signs anywhere at
> all for at least a mile in either direction I
> searched prohibiting such or stating it's a
> business district. What defenses do I have?
> thanks.
Re: Ask a New York Traffic Lawyer
September 29, 2014 02:00PM
Hi,

I received a speeding ticket in New York State, and the ticket states that I am required to submit my plea by October 15th. I intend to plead not guilty. However, the plea section on my ticket, the part I am supposed to fill out & submit, is not printed properly. Half of the information is missing, so not only can I not fill it out, I cannot read the directions of what I am supposed to do. Does this provide me with any legal recourse in fighting the ticket?

Thanks so much for any help you can provide,

B
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