Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
November 10, 2010 06:11PM
Today I was pulled over for going 77 in a 55, and also given a ticket for wearing headphones while driving (I'm in college and I was listening to a presentation I was driving to, but I had it on really low so I could hear the road). The only other violation on my record was from 20 months ago where I ran a red light, but got it reduced to a 2 point moving violation). I understand that the speeding ticket is 6 points, but how many points and what type of fee does the headphone ticket involve? I didn't realize it was illegal in NY state. This happened in Saratoga County.



Edited 1 time(s). Last edit at 11/10/2010 06:12PM by (n/a).
James,

The insurance ticket will be dismissed upon production of proof of coverage. There is a $15 fee in Nassau County for getting dismissal.

Drivers are placed on probation for the first six months that someone is issued a license. You may not get 1 big ticket or 2 small tickets while on probation. The good news is that a stop sign ticket is a small ticket. If you do not get any other tickets within the 6-month probation, you will not lose your license. We still recommend fighting this ticket, however. You likely can get it reduced to a 0-point ticket.

Feel free to call me if you have any further questions. We're happy to help.

Matthew Weiss
212-683-7373

james Wrote:
-------------------------------------------------------
> hello, my name is james i have been losing sleep
> over something that took place two days ago. i was
> pulled over in Farmingdale, NY for failure to
> stop at a stop sign once pulled over i was so
> nervous i handed the cop my temp insurance card.
> the idiot i am i had the real one right in my
> lexus manual. what do i do about getting that
> waved? now in nys i believe you are on probation
> for 6 months any moving violations suspends your
> license for 60 days is this true? if so how do i
> not get it suspended? go to court and plea not
> guilty? but in nassau county do i have to meet
> with the cop?pr justt a meeting with the da. also
> i got this new form of a ticket a computer print
> out. its so confusing. if he originally gave me a
> break on something else but put it under addit
> info that does not mean im getting charged of it
> does it? i have so many questions! mainly what do
> i do to not get my license suspended. if i plea
> not guilty can they knock it down to a parking so
> when it gets sent to dmv i wont get the
> suspension? please if you could reply i need help
> asap!
Natalie,

A cell phone ticket carries 0 points but can hurt your insurance rates. In Queens, there are no deals or plea bargaining. Therefore, if you want to fight it, then you'll have to appear for a hearing and present your defense.

We can help. Feel free to call us for a free consultation.

Matthew Weiss
212-683-7373

Natalie Wrote:
-------------------------------------------------------
> Hello,
> My name is Natalie, today I was pulled over by a
> unmarked NYS cop for talking on the phone, the
> ticket is $180, I am a 4th year college student,
> Criminal Justice major, My license is clean and
> would like to keep it that way. I was on my way to
> a class trip to the Queens Supreme Court and
> needed directions there and I had just picked the
> phone up. I'm wondering what would happen if I try
> to plea bargain? i know my friend told me he got
> the same ticket in New Jersey and he plead
> innocent and was told all he had to do was buy a
> blue tooth and show up to court is that true in
> New York as well?
Jenny35,

The first is a 6-point speeding ticket while the other one carries 0 points.

I recommend fighting both of these tickets. If you get 6 points on your license, you have to pay an extra fee called the driver assessment responsibility fee and, in your case, it would be an extra $300. You can save this money and points but fighting it.

Feel free to all us for a free consultation.

Matthew Weiss
212-683-7373

Jenny35 Wrote:
-------------------------------------------------------
> Today I was pulled over for going 77 in a 55, and
> also given a ticket for wearing headphones while
> driving (I'm in college and I was listening to a
> presentation I was driving to, but I had it on
> really low so I could hear the road). The only
> other violation on my record was from 20 months
> ago where I ran a red light, but got it reduced to
> a 2 point moving violation). I understand that the
> speeding ticket is 6 points, but how many points
> and what type of fee does the headphone ticket
> involve? I didn't realize it was illegal in NY
> state. This happened in Saratoga County.
Re: Ask a New York Traffic Lawyer
November 13, 2010 07:43PM
Thanks so much for answering all of these questions. Someone said to me over the weekend that if you receive a ticket, but the police officer never submits it, that it doesn't make sense to pay it if you plan on pleading guilty. Is there a website to check on this, the ticket says to pay in 15 days but I hear 30 days is the real limit. Can you provide your thoughts on this please?

Thanks,

Jayce
Jayce,

Thanks for acknowledging me. It enjoy educating others and am therefore glad that this page has been so successful.

In regard to your issue, you have gotten very good advice. If the ticket never enters the Traffic Violations Bureau (TVcool smiley system, then you should not pay it (or even answer it). As part of the service for our clients, we keep checking the TVB website to see if their tickets get entered. If not, we "retire" them after 6 months (or so). Of course, you must be diligent about checking on your case to avoid a possible suspension.

The second item of information is also right. A NYC ticket states that you only have 15 days but currently you actually have, at least, 30 days to enter your plea.

I hope these answers give you some helpful info to fight your case and provide a link to an article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau" which also may help.

Best,

Matthew Weiss

Jayce Wrote:
-------------------------------------------------------
> Thanks so much for answering all of these
> questions. Someone said to me over the weekend
> that if you receive a ticket, but the police
> officer never submits it, that it doesn't make
> sense to pay it if you plan on pleading guilty.
> Is there a website to check on this, the ticket
> says to pay in 15 days but I hear 30 days is the
> real limit. Can you provide your thoughts on this
> please?
>
> Thanks,
>
> Jayce
Marie
Re: Ask a New York Traffic Lawyer
November 16, 2010 08:13PM
Hi. I received a ticket in NYC the beginning of the month. I have read that if the ticket does not show up on the website, it means the ticket has not been processed...basically, if the ticket does not go onto the site, I do not have to pay and it does not affect my record. I checked the website and my ticket is not up there. I could assume the ticket has not been processed, but I am worried that it might be processed under a misspelled name (the officers handwriting on the ticket was not clear). If it's under a misspelled name, but I can't find it, do I run the risk of a suspension?
Marie,

You do run a risk of suspension. You should appear in person and see if the ticket number has been entered. This way you won't be dependent upon the spelling on your name (which officer's do get wrong sometimes).

Feel free to call us if you need any help.

Best,

Matthew Weiss

Marie Wrote:
-------------------------------------------------------
> Hi. I received a ticket in NYC the beginning of
> the month. I have read that if the ticket does not
> show up on the website, it means the ticket has
> not been processed...basically, if the ticket does
> not go onto the site, I do not have to pay and it
> does not affect my record. I checked the website
> and my ticket is not up there. I could assume the
> ticket has not been processed, but I am worried
> that it might be processed under a misspelled name
> (the officers handwriting on the ticket was not
> clear). If it's under a misspelled name, but I
> can't find it, do I run the risk of a suspension?
Marie
Re: Ask a New York Traffic Lawyer
November 17, 2010 08:57PM
Hi Matthew. When you say appear in person, does that mean I just go down to one of the traffic violations bureaus and ask if they have a ticket for me or do you mean court? There are several listed traffic violations bureaus on the ticket, but they didn't fill in that circle on the ticket. Not sure if that means anything?

Thanks so much!
Marie

Matthew Weiss Wrote:
-------------------------------------------------------
> Marie,
>
> You do run a risk of suspension. You should
> appear in person and see if the ticket number has
> been entered. This way you won't be dependent
> upon the spelling on your name (which officer's do
> get wrong sometimes).
>
> Feel free to call us if you need any help.
>
> Best,
>
> Matthew Weiss
>
> Marie Wrote:
> --------------------------------------------------
> -----
> > Hi. I received a ticket in NYC the beginning of
> > the month. I have read that if the ticket does
> not
> > show up on the website, it means the ticket has
> > not been processed...basically, if the ticket
> does
> > not go onto the site, I do not have to pay and
> it
> > does not affect my record. I checked the
> website
> > and my ticket is not up there. I could assume
> the
> > ticket has not been processed, but I am worried
> > that it might be processed under a misspelled
> name
> > (the officers handwriting on the ticket was not
> > clear). If it's under a misspelled name, but I
> > can't find it, do I run the risk of a
> suspension?
Re: Ask a New York Traffic Lawyer
November 30, 2010 05:04PM
Hi Matt:

I have a NY state license and received a speeding ticket in Virginia, 85 in a 70. When I called to find out how much the ticket was I was told that if i plead guilty, anything 85mph and over would mean a 30 day suspension. Does this mean suspension of driving rights in VA only or NY also?

Thanks,
John
Hi Matthew,

I seek your legal advice on a speeding ticket I got in Rochester NY
(73 on a 55 along I390) around 8:45pm.
Rochester is under the jurisdiction of the TVB and my violation carries 4 points.
This is my first moving violation ticket.

Questions:

1. How should plead?
2. If I am found guilty, how much should I expect to pay?
3. Will this affect my insurance?
4. If I go to trial, is it relevant to ask the Trooper how many passengers were in the car? It is my hope to show that the trooper may have wrongly identified me as the errant motorist.
5. Would the court reduce my fine when they see that I have a clean driving record (no priors)?

Thank you for your help and I commend you for the public service you provide.
John,

A suspension from Virgina (or from any other state) will transfer to New York and be honored in New York.

Therefore, I recommend that you get a Virgina traffic lawyer. I recommend Bob Battle, Esq. bob@bobbattlelaw.com, He very knowledgeable and experienced. Feel free to use my name.

Matt




john Wrote:
-------------------------------------------------------
> Hi Matt:
>
> I have a NY state license and received a speeding
> ticket in Virginia, 85 in a 70. When I called to
> find out how much the ticket was I was told that
> if i plead guilty, anything 85mph and over would
> mean a 30 day suspension. Does this mean
> suspension of driving rights in VA only or NY
> also?
>
> Thanks,
> John
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