Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 12, 2012 10:11PM
Michael D Lewis,

I'm so sorry to hear about your issue. Call me and I'll try and help you.

Matthew Weiss
212-683-7373


michael d lewis Wrote:
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> 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.
Re: Ask a New York Traffic Lawyer
December 13, 2012 02:17AM
I have three points on my license for not stopping completely before taking a right on red. Today i got another ticket for rolling through a stop sign. I dont mind paying the fine but I want to reduce the number of points if possible. How should i go about doing this and do I need to hire a lawyer for it?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 13, 2012 11:37PM
Amit,

You should consult with a NY traffic lawyer (if not hire one) given your point issue. These two tickets carry 3 points each and at 11 points you can be suspended.

Even if you handle these yourself, you should plead not guilty and fight them.

Matthew Weiss



amit Wrote:
-------------------------------------------------------
> I have three points on my license for not stopping
> completely before taking a right on red. Today i
> got another ticket for rolling through a stop
> sign. I dont mind paying the fine but I want to
> reduce the number of points if possible. How
> should i go about doing this and do I need to hire
> a lawyer for it?
I was pulled over Wednesday morning at 12:35am. I was pulled over near BAM in Brooklyn for a tail light being out that I wasn't aware of but ended up with 3 tickets.

1. Tail light (bulb is out)
2. Failure to notify the DMV of an address change within 10 days
3. Child under 16 not properly secured in the car.

Are any of these tickets fightable or could be dismissed? I'm replacing the bulb in my tail light today, I've already updated my address with the DMV and the child in my car was secured in a car seat but the car seat wasn't installed correctly in the car as the car seat was in an adult's lap. The tickets are still not showing up online so I'm not aware of the fine and points that I now have on my license. Any advice would be helpful. Thanks.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 15, 2012 09:30PM
Heather Smith,

The only one of your traffic tickets that carry points is the child seat belt ticket (3 points). The equipment ticket should be dismissed based on your repair. The other two cannot be dismissed based on a remedy. You can still plead not guilty and try and beat them. You have nothing to lose.

In regard to the delay, it usually takes around 30 days before your traffic ticket
"hits" the DMV online system.

Matthew Weiss



Heather Smith Wrote:
-------------------------------------------------------
> I was pulled over Wednesday morning at 12:35am. I
> was pulled over near BAM in Brooklyn for a tail
> light being out that I wasn't aware of but ended
> up with 3 tickets.
>
> 1. Tail light (bulb is out)
> 2. Failure to notify the DMV of an address change
> within 10 days
> 3. Child under 16 not properly secured in the
> car.
>
> Are any of these tickets fightable or could be
> dismissed? I'm replacing the bulb in my tail light
> today, I've already updated my address with the
> DMV and the child in my car was secured in a car
> seat but the car seat wasn't installed correctly
> in the car as the car seat was in an adult's lap.
> The tickets are still not showing up online so I'm
> not aware of the fine and points that I now have
> on my license. Any advice would be helpful.
> Thanks.
Re: Ask a New York Traffic Lawyer
December 20, 2012 06:23PM
Hi i ran a stop sign with my ny state drivers license. If i switch my lisence for ontario one will my points be transfered. And to note i can switch it with in 2 months of receiving the ticket......so maybe by ths time i switch they wont even have processed my points?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
December 21, 2012 07:11AM
Chaim,

Switching to an Ontario license will not help as NY convictions transfer onto Ontario Province licenses. Further, unless you truly establish residency in another state or province, such a maneuver is illegal.

Matthew Weiss

chaim Wrote:
-------------------------------------------------------
> Hi i ran a stop sign with my ny state drivers
> license. If i switch my lisence for ontario one
> will my points be transfered. And to note i can
> switch it with in 2 months of receiving the
> ticket......so maybe by ths time i switch they
> wont even have processed my points?
Can you provide a link that clearly explains this point system? I'm a bit confused about how it works.

Thank you,
-J
Re: Ask a New York Traffic Lawyer
February 12, 2013 12:44PM
Kevin:

I received a violation of VTL 1128a in Brooklyn. I was on a busy two way commercial street traveling slowly and wanted to beat the light. Each direction has only one lane for traffic so to beat the light I pulled to the right where cars are normally parked. The car to my left let me in back into the lane. A cop pulled me over for failing to stay within marked lanes and was pretty upset with me. I don't think that I did anything particularly dangerous and was surprised I got pulled over. In reviewing the statute, it appears that the statute only applies if I veered out of a clearly marked lane, which wasn't the case in my situation. There are no lines separating the normal travel lane and the lane reserved for parking so I'm hoping I can beat this, if for nothing else, on a technicality. Do you think I win? Any other arguments I can make? Thanks for your time. Excellent website, very informative.
Hi,

I got pull over for fail to signal when I make a right turn on local street. There are no cars before or after me, so I slide over from middle lane to right lane and get ready for the right turn. Then police comes from a hidden corner pull me over. And give me a ticket for $130. Do you think is it good chance to fight it off?

Thank you

Kenny
Hi,

I got pull over for fail to signal when I make a right turn on local street. There are no cars before or after me, so I slide over from middle lane to right lane and get ready for the right turn. Then police comes from a hidden corner pull me over. And give me a ticket for $130. And further more, there are two policemen. One was super rude, and yelling at me and the other police like "shut him up, shut him up, shut him up" while I was talking to other police. Do you think is it good chance to fight it off?

Thank you

Kenny
my massachusetts license was revoked in ny due to a ticket (that i do not recall receiving) for driving in NY without insurance in august. i never received any communication regarding this matter except for a letter stating that my license would be revoked in ny in Feb because I was charged with operating with no insurance with a default conviction. I paid $350 to the NY DMN to lift the suspension and I followed the steps to re-open a default case and provided an original letter from my insurance stating that I was insured on the date in question with no lapses along with a copy of my registration that was valid at the time. After I sent this in, I realized that the letter from the insurance company was signed by a customer service rep and the application specifically stated that it must be signed by an under writer. I had the insurance resend it signed by the underwriter and sent in the application with the letter along with a copy of my registration. Today I received a letter from Mass stating that my license would be revoked in Mass in late March unless this is taken care of. I called the today and they mentioned that they received both applications and are down for the judges review. If the first letter is reviewed first and they deny me because the original letter from my insurance , what happens to the correct application? Should I hire a lawyer to sort this out, or should I just wait until ny clears it up? How much will this cost for a lawyer to handle? Is there a chance that NY will deny my application, even though I was insured on that date? This is so confusing and time consuming. Any advice would be greatly appreciated. Thanks
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