Ask a New York Traffic Lawyer

Posted by askanewyorker 
Drew,

An article which I wrote entitled "How To Fight A Traffic Ticket At The Traffic Violations Bureau" should help answer your questions. But feel free to call o or email me if you have any further ones.

Best,

Matt

Drew Torres Wrote:
-------------------------------------------------------
> 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.
Re: Ask a New York Traffic Lawyer
December 02, 2010 09:21AM
Is it illegal for a state trooper to "fix" speeding violations and or summons more than several times for one family as favors?

Thanks
Sal
Re: Ask a New York Traffic Lawyer
December 02, 2010 10:39AM
I got a ticket for an improper turn from a middle lane. My thinking was that there was a legal turn there. anyway the cop wrote the "date of offense" wrong on the ticket. so how should I handle this now?

thanks
Sal
Re: Ask a New York Traffic Lawyer
December 02, 2010 11:41AM
also the ticket still hasn't shown up on the dmv eplead. so did they forgot to add it to the database?

thank you
Mattyt,

You should definitely plead not guilty to this speeding ticket. This is a 6-point ticket which carries a $200 fine and a $300 driver assessment fee. It can also hurt your auto insurance rates.

You will be offered the opportunity to conference the case where you likely will be offered a plea bargain. If you are nervous or don't want to go, we can fight it for you instead.

Feel free to call me with any further questions. We're happy to offer free advice on any New York traffic ticket matter.

Matthew Weiss
212-683-7373

mattyt Wrote:
-------------------------------------------------------
> I received a ticket on interstate 81 in New York
> driving 86 in a 65. A NY State Trooper pulled me
> over but before i even passed him he was already
> pulling out to stop me. I have never gotten a
> ticket before, no points on my license. The
> ticket does not state how much this will cost. I
> was also wondering would it be likely that I can
> get a plea bargain. I do not know whether to plead
> guilty or not guilty as this is my first ticket. I
> do not know what i should say to the judge or how
> going to court even works. I'm nervous and do not
> know what to do. Please help me.. Thank you
Sal
Re: Ask a New York Traffic Lawyer
December 04, 2010 02:51PM
Mr, Matthew, when you get a chance, can you please answer my question...

I got a ticket for an improper turn from a middle lane. My thinking was that there was a legal turn there. anyway the cop wrote the "date of offense" wrong on the ticket. so how should I handle this now?

thanks
Sal,

Plead not guilty. The wrong date of offense is a critical mistake. You may win on this if the officer confirms the mistake or if you can prove it. There may be other ways to strengthen you case so feel free to call us for a free consultation.

Matthew Weiss
212-683-7373



Sal Wrote:
-------------------------------------------------------
> Mr, Matthew, when you get a chance, can you please
> answer my question...
>
> I got a ticket for an improper turn from a middle
> lane. My thinking was that there was a legal turn
> there. anyway the cop wrote the "date of offense"
> wrong on the ticket. so how should I handle this
> now?
>
> thanks
Michael,

Interesting question. State Troopers are not allowed to "fix" any NY traffic ticket. They are supposed to treat all motorists equally and refrain from using their position to obtain an advantage for family or friends. While I'm sure it happens from time-to-time, it is not a practice which is officially endorsed.

Matthew Weiss

Michael Wrote:
-------------------------------------------------------
> Is it illegal for a state trooper to "fix"
> speeding violations and or summons more than
> several times for one family as favors?
>
> Thanks
Re: Ask a New York Traffic Lawyer
December 06, 2010 06:51AM
Matthew

Well, then this guy not only broke the rules he has done it quite a few times almost back to back for my wife's children and some of her family members such as her father without discussing it with me or no concern for my thoughts on the matters. These were speeding violations that the perpetrators never answered and received summons to appear in court. He some how fixed them either to reduce to a parking violation or non existent at all. However, I was not asked to go to court with him and my wife (who are suspected of other matters adding to the break up of my marriage). (I may add, these are not my biological children, they are hers).
Naturally, there will be nothing I or anyone else can do to reprimand this type of unethical behavior especially him getting involved with a married couples home life and responsibilities. I had ask him once to stop fixing their problems because all he is doing is teaching them they can do what ever in violation of the law and he will fix it for them.
I had total respect for this state trooper but now find myself sickened by his actions and blatant irresponsible behavior and concerning himself with my family problems as if HE needed to make decisions with my wife pertaining to the welfare of my family.
Needless to say, he lives across the street, I had to leave my home under duress, and she still has everything plus him. What legally can be done if anything?

Thank you
Michael
Re: Ask a New York Traffic Lawyer
December 06, 2010 07:18AM
One more question Mr.Weiss,

Where do I find and read (if any) the laws or rules pertaining to "State Troopers are not allowed to "fix" any NY traffic ticket". I have searched the internet with no results.

Sincerely
Michael
Michael,

As far as I know, there are no explicit laws against "fixing" tickets but there are general ethical and conflict of interest regulations which govern such behavior. There are state regulations which govern troopers check the New York Code of Rule & Regulations.

Good luck with this.

Matthew Weiss

Michael Wrote:
-------------------------------------------------------
> One more question Mr.Weiss,
>
> Where do I find and read (if any) the laws or
> rules pertaining to "State Troopers are not
> allowed to "fix" any NY traffic ticket". I have
> searched the internet with no results.
>
> Sincerely
> Michael
Re: Ask a New York Traffic Lawyer
December 07, 2010 07:54AM
Thank you Mr. Weiss. He knows what he did and so he can live with it. He may be above the law now but he'll need to answer for his actions later. There's no need to pursue this further and continue to waste my energy.

Thanks for all your advice and help. Take care and have a nice safe holiday season!

Sincerely
Michael
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