Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 03, 2012 07:15PM
Jamie,

Plead not guilty. If you do, you or your NY traffic ticket lawyer can likely get you less points and save you the $300 Driver Assessment Fee.

Matthew Weiss



Jamie Wrote:
-------------------------------------------------------
> 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!
Re: Ask a New York Traffic Lawyer
December 04, 2012 08:38PM
I was stopped at a light behind an suv. there was a female police officer about 50 - 60 feet away from me outside her car, i guess a checkpoint. She came over to my car and said she saw me on my cell phone and i supposedly let it go and fall into my lap. Now, i have my blue tooth on at the time and i tell her, "i have my blue tooth on, it doesn't make sense for me to have my cell phone up to my ear." She didn't want to hear it, pulled me over and gave me the ticket anyways. Thoughts? On top of that, my car comes with integrated blue tooth and iv'e never received a ticket at all, i have a clean license.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 05, 2012 08:10AM
EdwardV,

Yeah, I hear about over-zealous tickets being issued all the time. Those "non-existent" police quotas really put pressure on officers to write traffic tickets. This ticket carries 3 points and roughly a $150 fine. If you have an otherwise clean record, then it isn't a big deal unless you get another ticket within the next 18 months for DMV purposes or within the next 36 months for insurance purposes. With that said you have nothing to do by pleading not guilty and fighting this traffic ticket.

Matthew Weiss


EdwardV Wrote:

-------------------------------------------------------
> I was stopped at a light behind an suv. there was
> a female police officer about 50 - 60 feet away
> from me outside her car, i guess a checkpoint. She
> came over to my car and said she saw me on my cell
> phone and i supposedly let it go and fall into my
> lap. Now, i have my blue tooth on at the time and
> i tell her, "i have my blue tooth on, it doesn't
> make sense for me to have my cell phone up to my
> ear." She didn't want to hear it, pulled me over
> and gave me the ticket anyways. Thoughts? On top
> of that, my car comes with integrated blue tooth
> and iv'e never received a ticket at all, i have a
> clean license.
Re: Ask a New York Traffic Lawyer
December 06, 2012 06:07PM
I don't understand the last sentence, i apologize. So should i plead not guilty and try and fight it?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 06, 2012 11:15PM
EdwardV.

I gave you the pros and cons. Ultimately, you have to decide if you want to fight this traffic ticket or not.

Good luck either way.

Matthew Weiss



edward v Wrote:
-------------------------------------------------------
> I don't understand the last sentence, i apologize.
> So should i plead not guilty and try and fight it?
Re: Ask a New York Traffic Lawyer
December 07, 2012 07:47PM
Matthew,

Thank you so much for your service. I drive a commercial van for my company in New York City. I know it's illegal to drive on the Henry Hudson Parkway; but I was late to an appointment and in a rush, so I took the parkway. I was pulled over just North of the 178th street/Cross Bronx exit on the parkway (I was exiting at Dyckman Street).

The cop gave me 2 tickets, which seem redudant to me. The first was for commercial vehicle on a parkway: 414a2. The next was "disobeyed sign passenger cars only": 1110a. I've gotten the 1110a ticket before for an illegal turn; so I know the penalty carries points. I was wondering about the 414a2 ticket, however. Does that carry points, or only a fine? Also, I'm licensed in New Jersey; does that make a difference? Thanks!- Michael
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 09, 2012 06:52PM
Michael,

The 414a2 ticket carries 0 points (just roughly a $150 fine). You should plead not guilty and argue that the two tickets are duplicative. Of course, you want the disobey traffic control device ticket under VTL 1110a ticket dismissed.

A conviction to the 1110a traffic ticket will be 2 points in NY and transfer as 2 points onto your NJ license.

Matthew Weiss



Michael Wrote:
-------------------------------------------------------
> Matthew,
>
> Thank you so much for your service. I drive a
> commercial van for my company in New York City. I
> know it's illegal to drive on the Henry Hudson
> Parkway; but I was late to an appointment and in a
> rush, so I took the parkway. I was pulled over
> just North of the 178th street/Cross Bronx exit on
> the parkway (I was exiting at Dyckman Street).
>
> The cop gave me 2 tickets, which seem redudant to
> me. The first was for commercial vehicle on a
> parkway: 414a2. The next was "disobeyed sign
> passenger cars only": 1110a. I've gotten the
> 1110a ticket before for an illegal turn; so I know
> the penalty carries points. I was wondering about
> the 414a2 ticket, however. Does that carry
> points, or only a fine? Also, I'm licensed in New
> Jersey; does that make a difference? Thanks!-
> Michael
Re: Ask a New York Traffic Lawyer
December 11, 2012 07:28PM
Michael,

My mom received a ticket for failure to obey red light.Before her court apperance, she had stroke. she's been hospitalized since then. She is disabled and unable to speak. We recieved a letter that her license was suspended.Also, there is hefty fine of $505.r
The real problem is that my mom is the primary issured on the car's insurance and my dad is under her. Since her license is suspended. Insurance company threaten to drop her insurance.

Please guide me which way is to best to handled.

FYI- The ticket is over 2 years old. I appeared in court couple times in behalf of her and they resheduled. Since I moved out... I was never able to retrive her mail until now

John Yi
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 11, 2012 09:36PM
John Y,

I recommend that someone pay the file and suspension termination fee. This way her license will be restored and you avoid insurance problems.

Matthew Weiss



John Y Wrote:
-------------------------------------------------------
> Michael,
>
> My mom received a ticket for failure to obey red
> light.Before her court apperance, she had stroke.
> she's been hospitalized since then. She is
> disabled and unable to speak. We recieved a letter
> that her license was suspended.Also, there is
> hefty fine of $505.r
> The real problem is that my mom is the primary
> issured on the car's insurance and my dad is under
> her. Since her license is suspended. Insurance
> company threaten to drop her insurance.
>
> Please guide me which way is to best to handled.
>
> FYI- The ticket is over 2 years old. I appeared in
> court couple times in behalf of her and they
> resheduled. Since I moved out... I was never able
> to retrive her mail until now
>
> John Yi
Just got a ticket using cell phone and driving . I lost 3 cars in flood and borrowed company car to use. Couldn'y figure out bluetooth and just screwed up
I am in the wrong . Does it pay to fight it or just pay the $130 plus fees and take the points

Rich
recieved a ticket in 2010 for seat belt my company rep.triied to pay it and it was sent back with a must appear in court didn't understand so remailed it and it was sent back again ,so after numerouse calls to albany the finally told methat I recieved 5 violations in 1995 driving a 1983 ford van with no licence,no insurance ,no registration ,no seat belt,over tinted windowes, driver gave address 35 tennis court ln. brookln n.y.. To start with i've never drove a personal vech. in N.Y. im a tractor trailier driver and live i cape may N.J. area all my life but because this person name and birth date is the same as mine there apperently my tickets ,i've triied repetedly to fix this and all i get out of this is one of the other drivers tickets dissmissed ,after two years of triing to fight this the fair way I am looking to sue the city or state I've lost my 70,000 dollar a year job can't get another decent driving job and now ready to lose my house becuse some officer or court didn't do their job proper.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 12, 2012 10:08PM
Richard,

If you have an otherwise clean record, then you can just pay this traffic ticket (i.e., plead guilty) without any action on your license or insurance rates.

Matthew Weiss


Richard Quarto Wrote:
-------------------------------------------------------
> Just got a ticket using cell phone and driving . I
> lost 3 cars in flood and borrowed company car to
> use. Couldn'y figure out bluetooth and just
> screwed up
> I am in the wrong . Does it pay to fight it or
> just pay the $130 plus fees and take the points
>
> Rich
Author:

Your Email:


Subject:


Spam prevention:
Please, solve the mathematical question and enter the answer in the input field below. This is for blocking bots that try to post this form automatically.
Question: how much is 23 plus 14?
Message:

Online Users

Guests: 16