Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 08, 2015 08:11PM
DW Bauer,

I do not think showing your EZ pass will help. You were required to possess and use it on the date of the offense. Since you did not have it, I don't think this will help you successfully defend this case.

Matthew Weiss

d.w. bauer Wrote:
-------------------------------------------------------
> Mr. Weiss-
>
> I unfortunately entered an EZPASS lane on
> the RFK bridge without my NJ EZPASS tag. I was
> issued a traffic violation 10208 and an envelope
> for a deferred toll payment request.
>
> NYDMV informed me this was a $130 fine and
> 2-points. I am a NJ EZPASS holder in good
> standing. If I plead not-guilty and show my
> EZPASS record, will the points be dismissed and
> can I use my EZPASS to pay the RFK toll? Thanks
> for your services.
Re: Ask a New York Traffic Lawyer
February 09, 2015 11:30AM
I received a moving violation in NYC for changing lanes on a two lane city street without making a proper turn signal. My turn signal indicator was out and I have a bill from a car repair shop showing that they fixed it. What as it the likelihood that I will beat the ticket? Are there any guidelines as to what the bill must show?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 09, 2015 05:11PM
Harvey,

I cannot provide odds for success. I can say that a broken signal is a valid defense to this ticket. Your receipt should show where and when you fixed it, and should include the cost with appropriate sales tax. Despite your paperwork, you still may lose as the NYC traffic courts are tough places in which to convince a judge.

Good luck.

Matthew Weiss

Harvey Wrote:
-------------------------------------------------------
> I received a moving violation in NYC for changing
> lanes on a two lane city street without making a
> proper turn signal. My turn signal indicator was
> out and I have a bill from a car repair shop
> showing that they fixed it. What as it the
> likelihood that I will beat the ticket? Are there
> any guidelines as to what the bill must show?
Re: Ask a New York Traffic Lawyer
February 10, 2015 07:05AM
I received a ticket in December 2014 in Buffalo for failure to come to a complete stop at a stop sign. I went on the TVB website within 15 days and filled out form asking to be notified when the ticket is filed in the system since it had not been filed. I received an email at the end of January saying the ticket still has not been entered and I am responsible for entering a plea to the TVB.

I was wondering should I refill out the form to be notified online, should I mail in a not guilty plea along with a copy of the email saying that I tried to plea online, or is there something else that I should do?

If I refill out the form, does that protect me from a future conviction that I did not answer my ticket? Also, is there a "statute of limitations" or something on tickets like these if the ticket never gets filed or is not within a certain timeframe?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 10, 2015 08:32PM
James,

You should re-check the TVB system to see if your ticket has "hit" the system. Keep checking every 2 days (or so). If it doesn't hit after one year, then I think your safe. Of course, if it hits, then you can enter your plea.

Matthew Weiss

James Wrote:
-------------------------------------------------------
> I received a ticket in December 2014 in Buffalo
> for failure to come to a complete stop at a stop
> sign. I went on the TVB website within 15 days
> and filled out form asking to be notified when the
> ticket is filed in the system since it had not
> been filed. I received an email at the end of
> January saying the ticket still has not been
> entered and I am responsible for entering a plea
> to the TVB.
>
> I was wondering should I refill out the form to be
> notified online, should I mail in a not guilty
> plea along with a copy of the email saying that I
> tried to plea online, or is there something else
> that I should do?
>
> If I refill out the form, does that protect me
> from a future conviction that I did not answer my
> ticket? Also, is there a "statute of limitations"
> or something on tickets like these if the ticket
> never gets filed or is not within a certain
> timeframe?
Re: Ask a New York Traffic Lawyer
February 11, 2015 09:47AM
Hi,

I just got a cell phone ticket in Queens. Do I have any chances at all in getting it off? It was on speaker phone but I was holding it :-(

Thanks!
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 13, 2015 08:01AM
Yitz,

In New York City, it is very hard to beat traffic tickets because they do not engage in plea bargaining. With that said, you have nothing to lose if you plead not guilty and fight it. The points and the approx. fine remain the same.

Matthew Weiss

Yitz Wrote:
-------------------------------------------------------
> Hi,
>
> I just got a cell phone ticket in Queens. Do I
> have any chances at all in getting it off? It was
> on speaker phone but I was holding it :-(
>
> Thanks!
Matthew Weiss
Re: Ask a New York Traffic Lawyer
February 13, 2015 08:03AM
Yitz,

It is hard to beat a traffic ticket in NYC because they do not plea bargain. With that said, you have nothing to lose by fighting this 5-point ticket. The points and approx. fine remain the same.

Matthew Weiss

Yitz Wrote:
-------------------------------------------------------
> Hi,
>
> I just got a cell phone ticket in Queens. Do I
> have any chances at all in getting it off? It was
> on speaker phone but I was holding it :-(
>
> Thanks!
Michelle
Re: Ask a New York Traffic Lawyer
February 28, 2015 11:47AM
I received a ticket for driving without my license on January 16th and this was my first ticket EVER! Since then, I've been trying to find the ticket online but haven't been able to. The last time I checked, I received this message:

"Transaction Error. The following problem(s) occurred with your transaction:
The traffic ticket is a closed ticket. There are also no other open TVB traffic tickets on the client record. There are no TVB traffic tickets for which you can use this transaction."

Does this mean that the ticket has been somehow resolved and I don't have to worry about it??

Thanks,
Michelle T
Re: Ask a New York Traffic Lawyer
March 02, 2015 10:35PM
Michelle,

It sounds like your case was dismissed. If you had a valid license on the date of the offense, then the DMV likely looked that up and dismissed the case on its own. If you were not licensed on that day, then you should keep checking the system as your traffic ticket could "hit" belatedly.

Matthew Weiss

Michelle Wrote:
-------------------------------------------------------
> I received a ticket for driving without my license
> on January 16th and this was my first ticket EVER!
> Since then, I've been trying to find the ticket
> online but haven't been able to. The last time I
> checked, I received this message:
>
> "Transaction Error. The following problem(s)
> occurred with your transaction:
> The traffic ticket is a closed ticket. There are
> also no other open TVB traffic tickets on the
> client record. There are no TVB traffic tickets
> for which you can use this transaction."
>
> Does this mean that the ticket has been somehow
> resolved and I don't have to worry about it??
>
> Thanks,
> Michelle T
Re: Ask a New York Traffic Lawyer
March 22, 2015 07:10AM
Hello
I received a texting ticket for using my phone as my radio. The officer said it would be 5 points. He misspelled my name, my address and wrote in my ID number incorrectly. Is this grounds for dismissal? Thank you.
Re: Ask a New York Traffic Lawyer
March 22, 2015 07:58AM
hello i received a improper turn ticket in florida i live in new york, do i have to answer this and is there a way to fight it through the mail and how many points is it if i just pay the fine
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