Ask a New York Traffic Lawyer

Posted by askanewyorker 
Mr. Weiss, thanks for your quick reply. Sorry, but i don't quite understand. If i just paid for my other tickets, does that mean i don't have any moving violations? And, with this particular ticket, what do they expect from the driver, i have to show up someplace? Because it does not say anything regarding payment etc... it doesn't even say if i have to show up someplace, it's so weird... thanks for helping.
Our business and CDL driver is in Michigan. Our driver was going through NY. We had a company set up our HUT (Highway Use Taxes) permits and I thought we had a certificate similar to IFTA that covered all the trucks in your fleet and general decals ordered. I realize now that each truck has to be specifically identified and permitted accordingly. Of course he was ticketed for not having a NY HUT permit on the truck. I feel bad that this went against our driver when it was our misunderstanding of the law. I would assume we would plead guilty as I cannot prove we had the truck properly permitted. Do you know what that will do to our driver's record? It is a first time offense. Do you know the fines associated with this.

Thank you,
Denise
Hey, it is my first Traffic Violation ticket, and I got an 1111 D1 on West Bound Empire Blvd. The offices was respectful, I was as well. It was a rental truck I drove for my company. The brakes on this truck aren't great, they're better than the last one we borrowed, but they are still bad.
My story goes:
I was driving down empire, and drove into the intersection on the last second of yellow because this vehicle takes too much distance to brake. I explained this to the offices he told me that I was outside of the crosswalk at the time that the light had turned to steady red.
Do my vehicle’s bad brakes help me at all? Should I fight this ticket on my own? Is there any additional information I should get to help my case?
Matthew Weiss
Re: Ask a New York Traffic Lawyer Got a vtl 1172A
May 16, 2015 05:53PM
Mims,

If you pay your traffic tickets that is essentially pleading guilty. Therefore, you will get the points associated with those tickets and be subject to possibly other penalties.

In regard to the fine amount, if and when you are found guilty (or enter a guilty plea), the court that is listed on the ticket will assess the fine amount.

Matthew Weiss


Mims Wrote:
-------------------------------------------------------
> Mr. Weiss, thanks for your quick reply. Sorry, but
> i don't quite understand. If i just paid for my
> other tickets, does that mean i don't have any
> moving violations? And, with this particular
> ticket, what do they expect from the driver, i
> have to show up someplace? Because it does not say
> anything regarding payment etc... it doesn't even
> say if i have to show up someplace, it's so
> weird... thanks for helping.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
May 16, 2015 05:55PM
Denise,

My advice is for your driver to plead NOT GUILTY. You/we could likely get the corporation substituted for him as defendant. Further, there is still a good chance for a more favorable outcome through a plea bargain.

Feel free to call us if you have any other questions.

Matthew Weiss
212-683-7373


Denise Wrote:
-------------------------------------------------------
> Our business and CDL driver is in Michigan. Our
> driver was going through NY. We had a company set
> up our HUT (Highway Use Taxes) permits and I
> thought we had a certificate similar to IFTA that
> covered all the trucks in your fleet and general
> decals ordered. I realize now that each truck has
> to be specifically identified and permitted
> accordingly. Of course he was ticketed for not
> having a NY HUT permit on the truck. I feel bad
> that this went against our driver when it was our
> misunderstanding of the law. I would assume we
> would plead guilty as I cannot prove we had the
> truck properly permitted. Do you know what that
> will do to our driver's record? It is a first
> time offense. Do you know the fines associated
> with this.
>
> Thank you,
> Denise
Eugene,

If you feel comfortably presenting your defense and cross examining the officer, then feel free to represent yourself. It is hard to win in the NYC traffic courts because there is no plea bargaining. With that said, you have nothing to lose by fighting it yourself. In regard to other things you can do to prepare, I recommend visiting at the court before your court date to listen to other hearings and see how they are conducted.

Good luck!

Matthew Weiss

eugene Wrote:
-------------------------------------------------------
> Hey, it is my first Traffic Violation ticket, and
> I got an 1111 D1 on West Bound Empire Blvd. The
> offices was respectful, I was as well. It was a
> rental truck I drove for my company. The brakes on
> this truck aren't great, they're better than the
> last one we borrowed, but they are still bad.
> My story goes:
> I was driving down empire, and drove into the
> intersection on the last second of yellow because
> this vehicle takes too much distance to brake. I
> explained this to the offices he told me that I
> was outside of the crosswalk at the time that the
> light had turned to steady red.
> Do my vehicle’s bad brakes help me at all?
> Should I fight this ticket on my own? Is there any
> additional information I should get to help my
> case?
I was given a ticket for "ignoring" a right turn only lane marking on Richmond Ave. and Signs Rd. I explained to the officer that I had been trying to merge into the adjacent lane for the previous 1/4 mile
but had been unable to. I also asked him why he pulled me over and not the driver immediately in front of me who also disregarded the marking. He explained that the driver in front of me slowed briefly before merging while I sped up which I did to reach the same break in the traffic. My question is I'm disputing the ticket based on selective enforcement, do I have a case?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
May 27, 2015 11:50AM
lkevint,

No, "selective enforcement" is not a valid defense. Most traffic judges will reason that officers cannot stop everyone and will afford them discretion to stop whom they see fit.

By the way, a disobey traffic control device ticket only carries 2 points and roughly a $150 fine, so it could be worse. Good luck!

Matthew Weiss

lkevint Wrote:
-------------------------------------------------------
> I was given a ticket for "ignoring" a right turn
> only lane marking on Richmond Ave. and Signs Rd. I
> explained to the officer that I had been trying to
> merge into the adjacent lane for the previous 1/4
> mile
> but had been unable to. I also asked him why he
> pulled me over and not the driver immediately in
> front of me who also disregarded the marking. He
> explained that the driver in front of me slowed
> briefly before merging while I sped up which I did
> to reach the same break in the traffic. My
> question is I'm disputing the ticket based on
> selective enforcement, do I have a case?
Hi
Re: Ask a New York Traffic Lawyer
June 09, 2015 04:02AM
Hi,I received ticket for improper left turn in the Bronx ny at e 138 at ,I was on the Deegan expy and exited for e 138 st ,came to a
Light ,light changed to make a
Left turn onto an intersection to head to Madison bridge ,I was in the right lane along with everyone else we all made a left turn
Matthew Weiss
Re: Ask a New York Traffic Lawyer
June 10, 2015 02:14AM
HI,

I don't see a question within your post but will respond that this ticket carries 2 points and roughly a $150 fine. Further, because you made a left turn from the right lane, it sounds like you committed the subject offense. With that said you can still fight this case. There is nothing to lose in this court as the fine and points remain the same if you pay it, or fight it.

Matthew Weiss


Hi Wrote:
-------------------------------------------------------
> Hi,I received ticket for improper left turn in the
> Bronx ny at e 138 at ,I was on the Deegan expy
> and exited for e 138 st ,came to a
> Light ,light changed to make a
> Left turn onto an intersection to head to Madison
> bridge ,I was in the right lane along with
> everyone else we all made a left turn
Re: Ask a New York Traffic Lawyer
July 12, 2015 08:03PM
I was given 3 tickets in Brooklyn for traffic court, retained a lawyer who had me sign a document stating that they would appear in court on my behalf and I should not go.

The lawyer decided a strategy of delay was best, and rather than request a trial change, she did not go to court on the trial day without getting my consent. I just received a failure to appear/suspension notice - will they grant the lawyer another appearance date? I'm nervous about all of this, and am not sure if I should continue on with this attorney. I want to contact the court directly and just take the lumps, but I'm not sure if circumventing the lawyer is the right thing to do either. Thanks in advance for any advice.
Reply Quote
Matthew Weiss
Re: Ask a New York Traffic Lawyer
July 12, 2015 10:47PM
Admin,

Do NOT circumvent your lawyer! That makes no sense. Missing a court date is a pretty regular practice for experienced NYC traffic lawyers in order to get a new date after-the-hearing date.

Matthew Weiss


askanewyorker Wrote:
-------------------------------------------------------
> I was given 3 tickets in Brooklyn for traffic
> court, retained a lawyer who had me sign a
> document stating that they would appear in court
> on my behalf and I should not go.
>
> The lawyer decided a strategy of delay was best,
> and rather than request a trial change, she did
> not go to court on the trial day without getting
> my consent. I just received a failure to
> appear/suspension notice - will they grant the
> lawyer another appearance date? I'm nervous about
> all of this, and am not sure if I should continue
> on with this attorney. I want to contact the court
> directly and just take the lumps, but I'm not sure
> if circumventing the lawyer is the right thing to
> do either. Thanks in advance for any advice.
> Reply Quote
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 25 plus 9?
Message:

Online Users

Guests: 7