Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
November 27, 2012 04:12AM
Sondra S,

Yes, because your brother did not have a valid license on the date in question, obtaining a NY license after-the-fact will not help to beat this traffic ticket.

Matthew Weiss



Sondra S Wrote:
-------------------------------------------------------
> Hi Matt, my brother received a ticket that says
> Unlicensed GT 60Days. He didn't have his license
> on him when he was pulled over at a check point,
> and it was an out of state expired license anyway.
> He was given advice to plead not guilty and get
> his NY license before the hearing date, which he
> did. However since he didn't have a valid license
> at the time of the ticket, won't he just be found
> guilty and then not only responsible for the fines
> but also court costs?
>
> Wondering what you would recommend, and also if
> you can ballpark what the fines and penalties
> would be if he just plead guilty?
>
> Thanks.
Re: Ask a New York Traffic Lawyer
November 28, 2012 01:09PM
Hi,

I just recently received a ticket for driving over the double yellow solid line, in violation of 1110-A. This happened as a car was turning into a side street and I swerved slightly to the left. The police officer (in an unmark car) must have been sitting in the street that the car turned into, and came back to pull me over. This happened in Richmond County in Staten Island. I am from PA and still have PA plates and all. Any advice as to whether I should plead not-guilty or contact a lawyer to help me.

Thanks!
Gina,

Because points from a NY conviction will NOT transfer onto your PA license and because this is a minor ticket and because Staten Island is almost impossible to win, you should just plead guilty and pay this ticket.

Matthew Weiss



Options: Reply•Quote
Re: Ask a New York Traffic Lawyer
Posted by: Gina (---.dyn.optonline.net)
Date: November 28, 2012 11:09AM

Hi,

I just recently received a ticket for driving over the double yellow solid line, in violation of 1110-A. This happened as a car was turning into a side street and I swerved slightly to the left. The police officer (in an unmark car) must have been sitting in the street that the car turned into, and came back to pull me over. This happened in Richmond County in Staten Island. I am from PA and still have PA plates and all. Any advice as to whether I should plead not-guilty or contact a lawyer to help me.

Thanks!
Re: Ask a New York Traffic Lawyer
November 28, 2012 09:50PM
Matt,
I appreciate your time. I recently received a ticket for an illegal U turn in Nassau County (1160E). I informed the officer that my dog was sick, which she was and in the back seat. When he gave me the ticket he said to speak to the court and they may work with me if I have a clean driving record. I have not received any speeding/U turn tickets in the past. Is it worth it to go to court and explain why I made the U turn? If so, in my explanation am I not admitting my guilt? Or, should I just pay the ticket and plead guilty?

I look forward to your response.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
November 29, 2012 06:48AM
John,

You should plead guilty. In the Nassau County traffic court, you likely will be offered a plea bargain to a parking ticket. This carries no points and will not affect your insurance. Take this deal rather than arguing at trial on "my dog was sick" defense.

Matthew Weiss


John Wrote:
-------------------------------------------------------
> Matt,
> I appreciate your time. I recently received a
> ticket for an illegal U turn in Nassau County
> (1160E). I informed the officer that my dog was
> sick, which she was and in the back seat. When he
> gave me the ticket he said to speak to the court
> and they may work with me if I have a clean
> driving record. I have not received any
> speeding/U turn tickets in the past. Is it worth
> it to go to court and explain why I made the U
> turn? If so, in my explanation am I not admitting
> my guilt? Or, should I just pay the ticket and
> plead guilty?
>
> I look forward to your response.
Mike
Re: Ask a New York Traffic Lawyer
November 29, 2012 10:48AM
If you are stopped for talking on a cell phone, what address should appear on the ticket? In other words if you were at 14th street when talking on the phone, and heard the siren at 15th st and finally were pulled over at 16th st can any of those streets appear on the ticket and and be considered valid? My ticket has an address about three blocks prior to where i was actually given the ticket...
Matthew Weiss
Re: Ask a New York Traffic Lawyer
November 29, 2012 07:29PM
Mike,

The location on the ticket should be where the offense was observed. Here, it sounds like the officer pulled you over a few blocks away but wrote you put based on where he saw you using the cell phone.

Matthew Weiss



Mike Wrote:
-------------------------------------------------------
> If you are stopped for talking on a cell phone,
> what address should appear on the ticket? In
> other words if you were at 14th street when
> talking on the phone, and heard the siren at 15th
> st and finally were pulled over at 16th st can any
> of those streets appear on the ticket and and be
> considered valid? My ticket has an address about
> three blocks prior to where i was actually given
> the ticket...
Re: Ask a New York Traffic Lawyer
December 01, 2012 01:26PM
Hi, I know someone who recievced a cell phone violation in Brooklyn,new York they have to go to court, they have a massachusetts drivers lisence. Can he just say he didn't realize the new York law of cell phones? He sent a check to pay it however he got a letter that he has to appear. It states Albany new York violations. Does that mean he has to go to Albany new York court?? Thats so far and because he sent payment could he still plead not guilty?? Thanks
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 01, 2012 05:06PM
Joanne,

He can still plead not guilty but claiming ignorance of the law is not an excuse.

Despite the letter from Albany, the case will be heard in Brooklyn. Finally, because a "personal appearance" is required, I highly recommend that he consult with (if not hire) a NY traffic ticket lawyer. A personal appearance means that he can be suspended or revoked if he is found guilty so there must be something else about the state of his driving privileges that makes this ticket a personal appearance one.

Matthew Weiss



Joanne Wrote:
-------------------------------------------------------
> Hi, I know someone who recievced a cell phone
> violation in Brooklyn,new York they have to go to
> court, they have a massachusetts drivers lisence.
> Can he just say he didn't realize the new York law
> of cell phones? He sent a check to pay it however
> he got a letter that he has to appear. It states
> Albany new York violations. Does that mean he has
> to go to Albany new York court?? Thats so far and
> because he sent payment could he still plead not
> guilty?? Thanks
Re: Ask a New York Traffic Lawyer
December 01, 2012 05:44PM
Hi, thank you can you inform me how much a traffic lawyer go for? Also who to contact in new York. Also u stated there could be revoking of lisence is that in new York only , could that be caused by ez pass or parking tickets that are unpaid ??? Thanks again
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 01, 2012 09:46PM
Joanne,

A NY traffic lawyer will charge between $400 and $600. You can contact me at 212-683-7373 as we can handle any traffic matter issued in New York State.


If New York suspends or revoke you, then other states will honor that action. The personal appearance is not likely due to an EZ pass or parking violation. We'll figure it out if you want us to help.

Matthew Weiss

Joanne Wrote:
-------------------------------------------------------
> Hi, thank you can you inform me how much a traffic
> lawyer go for? Also who to contact in new York.
> Also u stated there could be revoking of lisence
> is that in new York only , could that be caused by
> ez pass or parking tickets that are unpaid ???
> Thanks again
Jamie
Re: Ask a New York Traffic Lawyer
December 03, 2012 12:16PM
Mr. Weiss,

Today I was issued a speeding ticket in upstate NY for going 79 in a 55. I was not sure how to handle the situation, so when the officer asked me if I knew why I had been pulled over, I answered "Yes" and when he asked what I saw, I hadn't been watching the speedometer so I said "75?", which is the way he wrote it on the report. I have never had any tickets before, and I am an NJ resident. Should I consider pleading not guilty, or should I just plead guilty and pay the fine?

Thank you!
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