Ask a New York Traffic Lawyer

Posted by askanewyorker 
Disobey traffic control device
December 16, 2010 02:04PM
Just got a ticket in lower Manhattan for making a right turn under the "No Turns" sign (the traffic light was green).

Here is the confusing part: On the ticket, the officer wrote the code "1111D1" and the description "Disobey traffic control device". However, the code "1111D1" should mean something like disobeying traffic control SIGNAL (red light), and the code of "Disobey traffic control DEVICE" should be 1110(A). Is there enough ground appeal? I read in this forum that minor mistakes NOT always result the ticket dismissal.

Some additional questions (hope Mr. Weiss doesn't mind)
1. If I plead guilty, how much should I pay? "Disobey traffic control device" should be $130, but the code "1111D1" (disobeying traffic control signal) is $270!
2. If, in the worst scenario, TVB's violation is recorded as "1111D1", my license will have 3 summon points. What will be the impact on my insurance premium? (I have no moving traffic violation and accident in the last 8 years)
Henry,

This mistake may very well help you win or get the matter reduced to the lesser 2-point disobey traffic control device violation. There very may be other errors or factors which may assist in you fighting this case but, of course, this would require more info.

If you plead guilty, you'll pay the fine which the DMV computer has associated with yours. You can go online and see how DMV has entered your case on the DMV website.

Finally, this ticket will not affect your insurance (even if recorded as a 3-point disobey traffic control signal ticket) because of your otherwise clean record. If you are convicted, another ticket or accident within 36 months could negatively affect your rates.

Matthew Weiss

Henry Wrote:
-------------------------------------------------------
> Just got a ticket in lower Manhattan for making a
> right turn under the "No Turns" sign (the traffic
> light was green).
>
> Here is the confusing part: On the ticket, the
> officer wrote the code "1111D1" and the
> description "Disobey traffic control device".
> However, the code "1111D1" should mean something
> like disobeying traffic control SIGNAL (red
> light), and the code of "Disobey traffic control
> DEVICE" should be 1110(A). Is there enough ground
> appeal? I read in this forum that minor mistakes
> NOT always result the ticket dismissal.
>
> Some additional questions (hope Mr. Weiss doesn't
> mind)
> 1. If I plead guilty, how much should I pay?
> "Disobey traffic control device" should be $130,
> but the code "1111D1" (disobeying traffic control
> signal) is $270!
> 2. If, in the worst scenario, TVB's violation is
> recorded as "1111D1", my license will have 3
> summon points. What will be the impact on my
> insurance premium? (I have no moving traffic
> violation and accident in the last 8 years)
Re: Ask a New York Traffic Lawyer
December 17, 2010 12:42PM
Dear Mr. Weiss,

About 2 weeks ago I got a ticket for being on my cell phone in Manhattan. I wasn't on my cell phone at all though so I'm going to plead not guilty since I have the phone records to prove it. I've been checking online at www.nysdmv.com/pnp.htm constantly and it still isn't available. Could it have something to do with the fact that I have Ohio plates? What should I do in this scenario since the 15 days is almost up and it's still not online? I thought police could now enter tickets directly into the system so I don't understand why it's not up yet.

-Ashley
Arassi86,

Often it takes more than 15 days for a ticket to be entered. Did you register it so you get an email when it "hits" the system? Either way, you need to continue to check it until it appears. After 6 months, you can consider it "lost". However, often it will appear in the system 30 to 45 later.

Good luck.

Matt

arassi86 Wrote:
-------------------------------------------------------
> Dear Mr. Weiss,
>
> About 2 weeks ago I got a ticket for being on my
> cell phone in Manhattan. I wasn't on my cell phone
> at all though so I'm going to plead not guilty
> since I have the phone records to prove it. I've
> been checking online at www.nysdmv.com/pnp.htm
> constantly and it still isn't available. Could it
> have something to do with the fact that I have
> Ohio plates? What should I do in this scenario
> since the 15 days is almost up and it's still not
> online? I thought police could now enter tickets
> directly into the system so I don't understand why
> it's not up yet.
>
> -Ashley
Re: Ask a New York Traffic Lawyer
December 21, 2010 11:33PM
I was at the Whitestone Bridge earlier today and mistakenly found myself in a lane that was EZPass only. I backed up well in advance of the toll booth and re-entered another lane that, unfortunately, also happened to be EZPass only.

This lane even though it was EZPass only happened to be manned. I pulled up and offered the driver the $10 (two fives) I had in my hand. He told me there was no cash facility in that lane. I apologized profusely and he said to me, "I'll have to take the 10 bucks to let you go." I happily handed him the cash, he warned me not to make this same mistake again, and opened the orange gate thing. I flew off.

Now I am wondering if having initially backed up in the other lane will cost me the 2 points on my license? Is there any way they could have possibly gotten my license plate through a camera as I was backing up? Or maybe the toll booth person himself wrote me a ticket after I handed him the money and drove off?

It was my understanding that in ordered to be "summoned" for the 2 point violation a police officer would have to actually pull you over and/or somehow demand your license. Points are put on your license after all.

Please help! I would appreciate any and all comments and suggestions! Thanks!
I. Myriam,

Because the officer did not issue you a NYC traific ticket on the spot, you most very likely will not be ticketed for the illegal backing. Once in a blue moon, a motorist is sent a ticket in the mail but it is extremely rare occurrence (especially for a New York City violations).

Relax, you are most likely in the clear.

Happy Holidays!

Matthew Weiss

I. Myriam Wrote:
-------------------------------------------------------
> I was at the Whitestone Bridge earlier today and
> mistakenly found myself in a lane that was EZPass
> only. I backed up well in advance of the toll
> booth and re-entered another lane that,
> unfortunately, also happened to be EZPass only.
>
> This lane even though it was EZPass only happened
> to be manned. I pulled up and offered the driver
> the $10 (two fives) I had in my hand. He told me
> there was no cash facility in that lane. I
> apologized profusely and he said to me, "I'll have
> to take the 10 bucks to let you go." I happily
> handed him the cash, he warned me not to make this
> same mistake again, and opened the orange gate
> thing. I flew off.
>
> Now I am wondering if having initially backed up
> in the other lane will cost me the 2 points on my
> license? Is there any way they could have possibly
> gotten my license plate through a camera as I was
> backing up? Or maybe the toll booth person himself
> wrote me a ticket after I handed him the money and
> drove off?
>
> It was my understanding that in ordered to be
> "summoned" for the 2 point violation a police
> officer would have to actually pull you over
> and/or somehow demand your license. Points are put
> on your license after all.
>
> Please help! I would appreciate any and all
> comments and suggestions! Thanks!
Re: Ask a New York Traffic Lawyer
December 22, 2010 08:22AM
Thank you very very much, Mr. Weiss! I really appreciate your prompt response. If for any reason I do get a ticket in the mail, I will be sure to come back and ask for more advice on this forum.

Happy Holidays!
Re: Ask a New York Traffic Lawyer
December 23, 2010 09:46AM
I was recently pulled over on the Meadowbrook Parkway by a State Trooper. He gave me an 1110A violation. Is this something I can bring to the Nassau Court (Hempstead Court listed on ticket) and have the DA plea bargain the ticket down or is this just a waste of my time. This will be the second 1110A that i have received in 3 years other than that my record is clean.
Re: Ask a New York Traffic Lawyer
December 28, 2010 11:55AM
I got caught speeding 45 in a 35 but the supporting deposition that was issued with the ticket has the wrong speed in the additional info part. does this mean anyhting
Re: Ask a New York Traffic Lawyer
December 28, 2010 01:42PM
Hi,

I was issued a ticket "Operating w/o insurance card" while i did have my insurance card with me, it was Memorial Day weekend and cops were pulling everyone over at night. Regardless I need to go to court for this, however I don't have time to spend in court to fight this "ticket", i'll gladly pay the fine and move on as I don't think there are any points, however I am not allowed to do so unless I go to court.

I am unfamiliar with NY Traffic court and was wondering when I get there is there a quicker way to be done with this and not have to appear in front of a judge and so forth? Should i talk to the prosecutor? Or do I have to go through the whole procedure (ugh)?

Also I've looked everywhere, but I can't seem to find what the fine is for "driving w/o insurance card"...my driving record is clean without any major moving violations.

Thanks,
Stan.
Stan,

Do NOT plead guilty. While this ticket carries 0 points, it carries a 1-year mandatory revocation if you plead guilty. A revocation is worse than a suspension of your driver's license. You need to obtain a letter from your insurance company confirming coverage for the date of offense. With this letter, your ticket will be dismissed. If you are unable to attend court, feel free to contact us as we are happy to handle it for you. We're also happy to answer any other questions that you may have.

Best,

Matthew Weiss, Esq.
212-683-7373


Hi,

I was issued a ticket "Operating w/o insurance card" while i did have my insurance card with me, it was Memorial Day weekend and cops were pulling everyone over at night. Regardless I need to go to court for this, however I don't have time to spend in court to fight this "ticket", I'll gladly pay the fine and move on as I don't think there are any points, however I am not allowed to do so unless I go to court.

I am unfamiliar with NY Traffic court and was wondering when I get there is there a quicker way to be done with this and not have to appear in front of a judge and so forth? Should i talk to the prosecutor? Or do I have to go through the whole procedure (ugh)?

Also I've looked everywhere, but I can't seem to find what the fine is for "driving w/o insurance card"...my driving record is clean without any major moving violations.

Thanks,
Stan.
Re: Ask a New York Traffic Lawyer
January 01, 2011 02:16PM
I got a speeding ticket on the Taconic a little more than a month ago. I did not contest that I was speeding and pled guilty by mail. The ruling from the town judge came back that I had to pay a $195.00 fine plus an $85.00 surcharge. My beef is that I was not given sufficient notice that I would have to plead within 48 hours to avoid the surcharge. I was flustered by the stop and while I believe in retrospect the trooper told me about the time limit, when I got home and looked more carefully at the ticket and supporting document there was no information about the surcharge or the time limit or even that I would be subject to a surcharge. Accordingly I waited until 5 days before the hearing before sending the plea in. It seems to me that written notice should be required that one is subject to the additional penalty unless the plea is made within 48 hours and that lack of such notice may be unconstitutional. If the state wants to impose what amounts to a tax on speeding it should just do so and not play games pretending it's not a tax. Maybe the traffic violations bar could do us a favor and test the constitutionality of the statute.
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