Jack,

You cannot avoid the surcharge unless you somehow beat the ticket or got it reduced to a parking ticket (or similar minor charge). Surcharges on a New York traffic ticket surcharge started when Mario Cuomo was Governor and started out at $5. Through the years the amount of the surcharged has swelled to $85.

You are write when you describe the surcharge as a tax. That is exactly what it is despite the fact that the politicians decided to call it something else to avoid being charged with creating or raising taxes.

In any event, you could not likely have saved the surcharge anyway. BTW, you have 6 or more points as a result of this conviction, you are in for another surprise ... the driver responsibility assessment fee. This fee must be paid by any motorist who accumulates 6 or more points within 18 months and starts at a whopping $300. Hopefully, you are not in this category.

Finally, you should know that you can try and vacate your guilty plea and get the case back on the not guilty calendar. Call me if you'd like to discuss this process.

Best,

Matthew Weiss, Esq.
212-683-7373

Jack Wrote:
-------------------------------------------------------
> 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.

Hello Mr. Weiss,

First, thank you for answering all these questions. What I have read so far has been of great help.

Earlier this afternoon I was pulled over for going 80 in a 65 in Chautauqua on I90 East. I was attempting to pass traffic in the right lane to get ahead of two minivans that kept speeding up and slowing down infront of and behind me. At one point I tried to slow down and let them go ahead but they slowed with me. When I sped up it was in hope they'd be stuck behind the traffic in the right lane (the left was clear). But just as I sped up there was a state trooper.

I'm from Rhode Island and was heading home from visiting my aunt (10 hour trip). All this talk of points is foriegn to me, as Rhode Island does not operate on a points system. If I were home I would use the Good Driver Law to have this dismissed, as my driving record is clean.

I'm not sure if I would be subjected to some of these fees that have been mentioned. My biggist concern is reducing the overall cost.

I did admit guilt to speeding, I had intended to explain the reason to the officer but he was quick and abrupt.

(Accidently hit post)

I know its irrelevant but on the ticket he wrote my car was grey but my registration clearly says silver. He also has my name slightly wrong, on the ticket he ommitted my middle initial and suffix of Jr which is actually my fathers name.

I plan to check online that the ticket is submitted and waiting till then to mail a response. Do they time it from when its entered or when its written? The 30 days that is.

What do you suggest I do? Any advice would be greatly appreciated.
-Rich

I sent in a guilty plea by mail for a speeding ticket and have not received and information on it. its been about 3/4 weeks now. What can I do to find information on it?

Edwin,

If it is a Traffic Violations Bureau ticket, then you can check online. Otherwise, you need to call the court to check on it.

I hope this helps but feel free to call me if you have any further questions.

Matthew Weiss, Esq.
212-683-7373


Edwin Garcia Wrote:
-------------------------------------------------------
> I sent in a guilty plea by mail for a speeding
> ticket and have not received and information on
> it. its been about 3/4 weeks now. What can I do to
> find information on it?

I was pulled over on the Thruway back in September in Corfu, just outside of Buffalo for going 81 in a 65mph zone. I sent in a not guilty plea. In the meantime, everything I read online indicated that it wouldn't show up on my Massachusetts record where I am licensed. With that being said, I was offered a plea bargain of Disobeying a traffic device(1110a) citation(2pts) which I plead guilty too, thinking I wouldn't get point in Mass. Two weeks ago, I learned that it did show up on my Mass record. I have an otherwise clean record and was earning a good driver discount of $135/year which I now lost for 6 years.

What would my chances be if I filed a coram nobis, vacating the plea and then seeking out a Parking on pavement(or other non-moving violation)?

Rex,

Unfortunately, my New York traffic lawyer advice is not bother with a motion to vacate your guilty plea (aka motion coram nobis) because you were offered a plea bargain and accepted it. My advice my be different if you had simply pled guilty to the original charge.

With that said, you can try but I don't think it is will be productive. First, you need to show that your original guilty plea to the disobey traffic control device (VTL 1110a) was involuntary or otherwise unfair. Then, if granted, you'll have to convince the Corfu traffic court to give you an even better deal than normally given at this court (and better than what you originally agreed to).

I am sorry to be the bearer of bad news but figured you want a honest opinion rather than a sugar-coated one.

Good luck.

Matthew Weiss

rex01 Wrote:
-------------------------------------------------------
> I was pulled over on the Thruway back in September
> in Corfu, just outside of Buffalo for going 81 in
> a 65mph zone. I sent in a not guilty plea. In the
> meantime, everything I read online indicated that
> it wouldn't show up on my Massachusetts record
> where I am licensed. With that being said, I was
> offered a plea bargain of Disobeying a traffic
> device(1110a) citation(2pts) which I plead guilty
> too, thinking I wouldn't get point in Mass. Two
> weeks ago, I learned that it did show up on my
> Mass record. I have an otherwise clean record and
> was earning a good driver discount of $135/year
> which I now lost for 6 years.
>
> What would my chances be if I filed a coram nobis,
> vacating the plea and then seeking out a Parking
> on pavement(or other non-moving violation)?

Rex,

Unfortunately, my New York traffic lawyer advice is not bother with a motion to vacate your guilty plea (aka motion coram nobis) because you were offered a plea bargain and accepted it. My advice my be different if you had simply pled guilty to the original charge.

With that said, you can try but I don't think it is will be productive. First, you need to show that your original guilty plea to the disobey traffic control device (VTL 1110a) was involuntary or otherwise unfair. Then, if granted, you'll have to convince the Corfu traffic court to give you an even better deal than normally given at this court (and better than what you originally agreed to).

I am sorry to be the bearer of bad news but figured you want a honest opinion rather than a sugar-coated one.

Good luck.

Matthew Weiss

rex01 Wrote:
-------------------------------------------------------
> I was pulled over on the Thruway back in September
> in Corfu, just outside of Buffalo for going 81 in
> a 65mph zone. I sent in a not guilty plea. In the
> meantime, everything I read online indicated that
> it wouldn't show up on my Massachusetts record
> where I am licensed. With that being said, I was
> offered a plea bargain of Disobeying a traffic
> device(1110a) citation(2pts) which I plead guilty
> too, thinking I wouldn't get point in Mass. Two
> weeks ago, I learned that it did show up on my
> Mass record. I have an otherwise clean record and
> was earning a good driver discount of $135/year
> which I now lost for 6 years.
>
> What would my chances be if I filed a coram nobis,
> vacating the plea and then seeking out a Parking
> on pavement(or other non-moving violation)?

I am from MA. We went to visit my family in Ontario after the Christmas break and were coming back on the 90 two days ago when I got pulled over. It was just east of Syracuse. I am not sure what to do? There is no price on the ticket. The ticket is for going 80 in a 65. I haven't received a speeding ticket in 7 years since I was young. My daughter was crying in the car and I was just concentrating on making it to the next service station which by the time I got pulled over was only 2 miles away. We were driving for 5 hours and had another 5 hours still to go. Anyways the cop said I could do a trial by mail. Is that allowed in ny? There is no way I can travel 10 hours again to fight this and I am not paying a lawyer $500 to only get it reduced. If I plead guilty how much would it be and would it affect my MA insurance? Also I believe I was unfairly targeted with being out of state and for this reason I would hate to just plead guilty and pay the ticket. I was following the car in front of me for miles and the officer said that the car in front of me was going 72 and I was going 80 repeatly. This is in possible. If that was true I would have hit the guy or at least had been tailgating him - neither of which were true. I don't know if that could be used as a defense, but it does show that at least one of our speeds the officer claimed we were going is not true since it defies the law of physics.

seatbelt ticket
Posted by: jim... (24-105-203-201.cm.mhcable.com)
Date: January 06, 2011 01:45PM


I was pulled over by a ny state trooper at night for doing 85 in a 65 mph. Instead of a speeding ticket he wrote me up for a seatbelt ticket, which is much better; The only problem is that I had changed moved recently and affixed the proper DMV sticker with the current address on the back, he however wrote the old adress listed on the front. Is this mistake a valid defense for dismissal?

CP,


Points from NY transfer to MA so I would fight this speeding ticket. You must appear in person or fight it yourself. I understand that you do not like these options but that's how it works in New York.

If you plead guilty, the fine is about $200. You should call your insurance company to find out what, if any, consequences there would be from such a conviction.

The defense you offer is not likely to prevail. When it is your word against a police officer's, a traffic judge will believe the officer almost every time. I would try and negotiate a plea bargain.

Good luck.

Matthew Weiss


cp Wrote:
-------------------------------------------------------
> I am from MA. We went to visit my family in
> Ontario after the Christmas break and were coming
> back on the 90 two days ago when I got pulled
> over. It was just east of Syracuse. I am not
> sure what to do? There is no price on the ticket.
> The ticket is for going 80 in a 65. I haven't
> received a speeding ticket in 7 years since I was
> young. My daughter was crying in the car and I
> was just concentrating on making it to the next
> service station which by the time I got pulled
> over was only 2 miles away. We were driving for 5
> hours and had another 5 hours still to go.
> Anyways the cop said I could do a trial by mail.
> Is that allowed in ny? There is no way I can
> travel 10 hours again to fight this and I am not
> paying a lawyer $500 to only get it reduced. If I
> plead guilty how much would it be and would it
> affect my MA insurance? Also I believe I was
> unfairly targeted with being out of state and for
> this reason I would hate to just plead guilty and
> pay the ticket. I was following the car in front
> of me for miles and the officer said that the car
> in front of me was going 72 and I was going 80
> repeatly. This is in possible. If that was true
> I would have hit the guy or at least had been
> tailgating him - neither of which were true. I
> don't know if that could be used as a defense, but
> it does show that at least one of our speeds the
> officer claimed we were going is not true since it
> defies the law of physics.

Dear Askanewyorker:

The wrong address is not a valid defense. DON"T GET GREEDY. He gave you a great deal and you should take it and run.

Best of luck.

Matthew Weiss


askanewyorker Wrote:
-------------------------------------------------------
> seatbelt ticket
> Posted by: jim... (24-105-203-201.cm.mhcable.com)
> Date: January 06, 2011 01:45PM
>
>
> I was pulled over by a ny state trooper at night
> for doing 85 in a 65 mph. Instead of a speeding
> ticket he wrote me up for a seatbelt ticket, which
> is much better; The only problem is that I had
> changed moved recently and affixed the proper DMV
> sticker with the current address on the back, he
> however wrote the old adress listed on the front.
> Is this mistake a valid defense for dismissal?