Hi, received a ticket today on 87 in the town of Greenburgh in Westchester County for crossing the line merging into traffic. It is 1128D Tr Inf. Was trying to merge on but traffic wouldn't let me in and finally when I get onto the highway, I get pulled over by state trooper who says I was on the white lines. Have never gotten a ticket before in my life. Wanted to know if I should plea guilty or not guilty - can this be done over mail or do I have to show up in court (there is a date and time indicated on the ticket)? If I do this over mail with a guilty or not guilty plea - will I incur points on my license? That is what I am trying to avoid. Or is it better to go to court and try to get a plea deal? Thanks so much.

I was pulled over by an officer for not wearing a seat belt which I was, just not over my shoulder as I had a shoulder injury and he ended up giving me a ticket for disobeying a stop sign instead which I didn't notice until I got a letter to appear in court

ANJ,

You should plea not guilty by mail. You will receive back a court notice date where you or your New York traffic lawyer will need to appear. At that time, this case can likely be reduced to a less serious (even 0-point) charge.

Good luck!

Matthew Weiss



anj Wrote:
-------------------------------------------------------
> Hi, received a ticket today on 87 in the town of
> Greenburgh in Westchester County for crossing the
> line merging into traffic. It is 1128D Tr Inf.
> Was trying to merge on but traffic wouldn't let me
> in and finally when I get onto the highway, I get
> pulled over by state trooper who says I was on the
> white lines. Have never gotten a ticket before
> in my life. Wanted to know if I should plea
> guilty or not guilty - can this be done over mail
> or do I have to show up in court (there is a date
> and time indicated on the ticket)? If I do this
> over mail with a guilty or not guilty plea - will
> I incur points on my license? That is what I am
> trying to avoid. Or is it better to go to court
> and try to get a plea deal? Thanks so much.

Evan,

Weird. A stop sign ticket carries 3 points (an adult seat belt has 0 points). Therefore, I recommend that you plead not guilty. If you do and this NY traffic ticket was issued outside of New York City and Rochester, then you likely can negotiate this down to a less serious charge. Good luck.

Matthew Weiss


Evan Wrote:
-------------------------------------------------------
> I was pulled over by an officer for not wearing a
> seat belt which I was, just not over my shoulder
> as I had a shoulder injury and he ended up giving
> me a ticket for disobeying a stop sign instead
> which I didn't notice until I got a letter to
> appear in court

Hi. This evening driving home, I remembered I was driving my son's car a little too late and got stuck in the EZ Pass lane without our EZ Pass. It was too late for me to move over due to traffic, and I certainly wasn't going to back up. Unfortunately it was at the Verrazano Bridge and because of the gate that comes down I was stopped (in NJ people can drive through and pay the toll later on line if something goes wrong and they are EZ Pass holders) and given a summons for "disobeying sign" that carries a hefty fee and points. This wasn't done on purpose, I'm not a toll evader, and would've been happy to pay the toll, I even had my cash ready. I just got stuck in the wrong lane with too much traffic.

I don't want to plead guilty for something that was an honest mistake that couldn't be avoided without creating a traffic hazard. Odd to me that in NJ this is fixable on line but here I'm receiving points on my otherwise perfect license. What do to? Thank you for the advice. I'm really upset over this.

AndyB,

There is not inert requirement for this violation. Therefore, despite it being an honest mistake, this is not a defense to this ticket. Plus, the Staten Island Traffic Violations Bureau is the most difficult court in New York State in which to beat a ticket so I doubt that you will win if you fight it.

The fine for a first offense are roughly $200.

Matthew Weiss

Hello,

I recently received a wrong way in a one way (1127a) on a T intersection of a parking lot exit and a street. There is a one-way sign on the far left at the T making the left turn one way, but that is the only one way sign (there is a "left turn only" sign on the stop sign, but I believe that is irrelevant to a 1127a charge). I turned right and they are trying to say that part is one way also. This happened on a college campus, but it is a public road. They are still obligated to follow all of the regulations in the MUTCD correct? 2B-40 states that a T intersection needs a one way sign on both the left side and right side if the entire street is one way. It seems like the "designated and signposted" part of 1127a is not being met in this case.

The ADA said that in no situation do they drop charges regardless of evidence (he wouldn't even look at the pictures I had) and I'd have to go to trail, so I took him up on that offer. Can I simply show the Judge the pictures with the lack of a second one way sign on the right and point to the MUTCD regulations to show that the road is not "designated and signposted" as a one way? This section of road was altered from it's old pattern a few years ago and the only reason I was on it was from them unexpectedly closing another road on campus. A significant number of people assumed the exact same thing I did and the University Police hammered people all week with 1127a tickets. It's not crazy for me to be fighting this is it? Thanks in advance.

Yes, you can simply show the Judge the pictures with the lack of a second one way sign on the right and point to the MUTCD regulations to show that the road is not "designated and signposted" as a one way. You should also get the police officer's notes and compare them to his testimony and the information in the ticket. Look for inconsistencies. Finally, it is not crazy to fight this ticket as the prosecutor gave you no offer.

Matthew J. Weiss
Weiss & Associates, PC
440 Park Avenue South
Third Floor
New York, N.Y. 10016
212-683-7373
212-726-0135 fax

Hi,

I was biking down 2nd ave in Manhattan and allegedly gone through a red light in an intersection that was around a hospital so there wasn't any traffic coming in any direction, it was just for pedestrians to cross.

The cop, was sitting on the other side of this light and ticketed me immediately: NYC BIKE/SKATE RDLGT.

I have a recording of her telling me that she did not actually see the red light, but actually only saw the do not walk sign change to a walk sign.

1) what is the best way to present this evidence? I decided to record this as I was in the right in a previous case, but the officer lied during the hearing.
2) Is this enough evidence to get the case dismissed?
3) What other evidence could be presented to negate this ticket?

Thank you!

Hi

I was in rural upstate New York , it was 10pm with no traffic. I was stopped waiting for a red light. There was a gas station in a bit of distance i tried to make out the price for. When the light turned green, as i released the brake pedal I realized I needed to turn right. So I turned right. while cranking the steering wheel, I attempted to activate the turn signal. the signal lit up once but the stalk didn't click in place and releases. I was pulled over from behind. The officer asks if there was a reason I didn't signal my turn. i hadnt realize i didnt I said I was looking at the gas station. in retrospect, I realize my turn signal didn't click. he did not ask me to check my signals. He gave me a ticket for disobeying traffic control device, saying it is a lesser charge with no points, told me to mail it in to find out what the fine is.

my question is, is this a legitimate citation for failing to signal? which "traffic device" did I disobey? i was making a right turn at a green light with no traffic from any direction, while the officer was from the direction such that he would not be able to see any signals on the right side of my vehicle momentarily as i was making the turn. what kind of defence for this would hold up in court?

thank you very much
D

violation
August 15, 2016 12:59AM
Hello I was driving a rental car and I thought it had an ez pass device and when I arrived at the ez pass it did not work. An officer came by and asked if I had cash and I didnt have it. He proceeded to tell me that I would receive a $130 summons and I he needed my license and registration. I could not fined the registration in the car so then he told me I would get 2 pts off my license is this accurate.

It sounds like you received a 2-point ticket for disobeying the EZ-Pass Only sign. The registration ticket carries 0-points but can adversely affect your insurance. You should, therefore, plead not guilty to both. If you produce your proof of registration, then this ticket will be dismissed.