J. McBurgress,

I wrote an article called "A Guide To Calculating DMV Points" which will likely answer any question that you have about this topic.

Matthew Weiss



Edited 1 time(s). Last edit at 03/10/2013 05:50PM by mjweiss.

Harvey,

This ticket carries 3 points and roughly a $150 fine. Your defense is interesting in that apparently there were no true lanes. How can you make an unsafe lane change when lanes are not de-marked? With that said, the Traffic Violations Bureau is a very tough place in which to fight a traffic ticket (especially when you've engaged in what ostensibly was an unsafe maneuver) so I don't like your chances for success.

You have nothing to lose, however, as the fine and points are the same whether you plead guilty or are found gulity after a hearing.

Good luck.

Matthew Weiss


Harvey Wrote:
-------------------------------------------------------
> Kevin [Should Be Matthew]:
>
> 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.

Kenny,

Nothing you have written excuses your failure to signal. The law requires motorist to signal any lane change or turn even when there are no other motorists in the area.

Matthew Weiss


kenny Wrote:
-------------------------------------------------------
> 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

Joe Doe,

The DMV likely will have both of your letters in the file so it should consider the second letter in making its decision. It is kind of late for a NY traffic lawyer to make a difference but, given the seriousness of the charge, you should, at least, consult with one. The fee should be roughly between $500 and $750.

Matthew Weiss



Joe Doe Wrote:
-------------------------------------------------------
> 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

hi i got a non truck route ticket the other day in new york right off college point in queens...its 2 points and 250 fine...is there any way to beat this? i know your allowed to go 2 blocks for a pick up or delivery but can you go two blocks to get to a highway? besides that route i would have to go over a mile in either direction on college point to reach a highway...

fastworkingmat,

This type of traffic ticket is tough to be beat in NYC but, if you have a bill of lading or other prove that shows that you were coming from your pick-up/drop-off location to the highway, then you may have a shot.

Feel free to call us with any further questions.

Matthew Weiss
212-683-7373

fastworkingmat Wrote:
-------------------------------------------------------
> hi i got a non truck route ticket the other day in
> new york right off college point in queens...its 2
> points and 250 fine...is there any way to beat
> this? i know your allowed to go 2 blocks for a
> pick up or delivery but can you go two blocks to
> get to a highway? besides that route i would have
> to go over a mile in either direction on college
> point to reach a highway...

I received a ticket for violation of 1225, \'avoid traffic control device via parking lot \".

I was on my motorcycle when it started to downpour and I turned out of the roadway into a large parking lot of a bank with a big overhang at the drive thru. My initial thought was to shelter under the overhang, hoping the shower would pass shortly.
But then I had second thoughts that it would be raining for a while and I decided to continue home which was not far. I pulled out of the parking lot in direction I needed to proceed not the direction from which I came.
The officer was in the lot at the time, and I had seen him. It didn\'t really faze me as my actions were safe and lawful.
However, when I pulled out of the lot he followed me and then proceeded to give me the ticket. Then he asked me why I did what I did , I stated that it was raining and I thought I\'d take shelter but then decided it might be better just to continue home.
It wasn\'t until I got home and read the ticket that I even knew what he had ticketed me for. I had never heard of this violation before, I didn\'t avoid a light and I wasn\'t trying to.

Tom,

An avoiding an intersection charge carries 2 points and roughly a $150 fine. Below is the full text of this law. You write that you didn\'t avoid a light. However, this law is violated if you avoid an intersection or traffic control device (not just a light). If you paused at the parking lot for any measurable time, then you might be able to argue that you did not violate this law.

§ 1225. Avoiding intersection or traffic-control device. No person
shall drive across or upon a sidewalk, driveway, parking lot or private
property, or otherwise drive off a roadway, in order to avoid an
intersection or traffic-control device.

Good luck.

Matthew Weiss

Tom Wrote:
-------------------------------------------------------
> I received a ticket for violation of 1225, \\\'avoid
> traffic control device via parking lot \\\".
>
> I was on my motorcycle when it started to downpour
> and I turned out of the roadway into a large
> parking lot of a bank with a big overhang at the
> drive thru. My initial thought was to shelter
> under the overhang, hoping the shower would pass
> shortly.
> But then I had second thoughts that it would be
> raining for a while and I decided to continue home
> which was not far. I pulled out of the parking
> lot in direction I needed to proceed not the
> direction from which I came.
> The officer was in the lot at the time, and I had
> seen him. It didn\\\'t really faze me as my actions
> were safe and lawful.
> However, when I pulled out of the lot he followed
> me and then proceeded to give me the ticket. Then
> he asked me why I did what I did , I stated that
> it was raining and I thought I\\\'d take shelter but
> then decided it might be better just to continue
> home.
> It wasn\\\'t until I got home and read the ticket
> that I even knew what he had ticketed me for. I
> had never heard of this violation before, I
> didn\\\'t avoid a light and I wasn\\\'t trying to.

Hi,

I live in Massachusetts, and I have a MA driving license. I was driving around 11 pm on I90 Westbound right over the MA/NY border (after MassPike toll, before Canaan tolls), and I was coming down a hill, passing a big-rig truck, and a cop came from the other side (eastbound), turned around, and immediately pulled me over for speeding .. The officer said that I was going 83 in a 65 zone, but the ticket only cites me for going 80 (he claimed he was \\\"cutting me a break\\\"...). He was very unclear about the ticket - the top of the form says \\\"Uniform Traffic Ticket\\\", and apparently I\\\'m supposed to mail the form back in to Canaan Town Court with Guilty or Not Guilty plea. The ticket gives no amount to pay. Additionally, I was pulled over by a state trooper, but then I\\\'m supposed to report to a town court.

After reading a bunch of stuff online, I\\\'m definitely going to plea Not Guilty in order to try, keep my license clean, and (maybe) get it dismissed. But I really don\\\'t understand a few things.

1) How much (on average) would a ticket like that be?
2) Should I mail this ticket back in with the plea, or just bring it to my court date? I don\\\'t want my license to be suspended or anything (I will be back in NY before my court date).
3) If I\\\'m found guilty, will this affect my insurance rates in MA? I was unclear about laws on that.. apparently NY tickets don\\\'t count in other states unless it borders NY (which MA does).
4) Is the Reinstatement fee ($300) that I have seen mentioned a few times ONLY for NY drivers, or would I be expected to pay this as well if I am found guilty?
5) Would it be the state cop that is expected to show up at the hearing?
6) I\\\'m pleading Not Guilty so this may not apply to me, but just out of curiosity, if I plead Guilty, would I still have to appear at the court date?

Any and all information would be greatly appreciated! Thank you!
Reply Quote

Answers follow each question below.

1) How much (on average) would a ticket like that be? Roughly $200.
2) Should I mail this ticket back in with the plea, or just bring it to my court date? I don\'t want my license to be suspended or anything (I will be back in NY before my court date). You should mail in your not guilty plea via certified mail, rrr, as soon as possible.
3) If I\'m found guilty, will this affect my insurance rates in MA? I was unclear about laws on that.. apparently NY tickets don\'t count in other states unless it borders NY (which MA does). A NY conviction will transfer to MA. BTW, the rule about reciprocity you wrote above is wrong.
4) Is the Reinstatement fee ($300) that I have seen mentioned a few times ONLY for NY drivers, or would I be expected to pay this as well if I am found guilty? It applies to out-of-state drivers.
5) Would it be the state cop that is expected to show up at the hearing? No, he\'ll only show up at the trial (if there is one).
6) I\'m pleading Not Guilty so this may not apply to me, but just out of curiosity, if I plead Guilty, would I still have to appear at the court date? No.

Matthew Weiss

Dead Mr. Weiss:

Hey there, my coworker showed me your website since you had helped him gratefully. I figured I might as well ask since I\\\'m extremely nervous about my recent ticket. I was speeding as I was on my way to the Outer bridge (was leaving Staten island going into jersey) and I was on the single lane road about 10 feet away from the bridge and I got pulled over for doing a 67 in a 45 (...ouch). I live in NJ (so a NJ license) but work in S.I. The \\\"15\\\" day limit is this Thursday, however, I\\\'ve been online everyday and I cannot find the ticket! Any suggestions? I\\\'m not trying to fight it at all since I\\\'m 100% wrong. I just want to pay this heavy amounted ticket and go about my ways. If you have the time to help me I\\\'d greatly appreciate it. Thank you!!

Dear Mr. Weiss:

Hey there, my coworker showed me your website since you had helped him gratefully. I figured I might as well ask since I\\\\\\\'m extremely nervous about my recent ticket. I was speeding as I was on my way to the Outer bridge (was leaving Staten island going into jersey) and I was on the single lane road about 10 feet away from the bridge and I got pulled over for doing a 67 in a 45 (...ouch). I live in NJ (so a NJ license) but work in S.I. The \\\\\\\"15\\\\\\\" day limit is this Thursday, however, I\\\\\\\'ve been online everyday and I cannot find the ticket! Any suggestions? I\\\\\\\'m not trying to fight it at all since I\\\\\\\'m 100% wrong. I just want to pay this heavy amounted ticket and go about my ways. If you have the time to help me I\\\\\\\'d greatly appreciate it. Thank you!!