Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
January 09, 2011 09:07PM
I was pulled over in Manhattan immediately after turning left at a traffic light. The officer told me that there was no left turn allowed and gave me a ticket for $130. I had not noticed that a left turn was not allowed so after the officer had given me the ticket, I parked and walked over to the intersection to investigate. I then did see what I perceived to be a smaller than usual No Left Turn sign. When I later examined the ticket I noticed that the violation written was 1111A2D "Disobey Green Straight Arrow". There was no green straight arrow just a green lit circle.
Two questions:
1) Given the fact that there is no green straight arrow, I did not commit the stated offense and so should I plead Not Guilty or will the error in the ticketing be overwritten by the true offense?
2) Is there any regulation regarding size of traffic signs and could I contest the ticket based on the smallness of the sign? Thanks in advance.
TRF
Re: Ask a New York Traffic Lawyer
January 09, 2011 09:34PM
I received a summons for going through an EZ Pass lane when I didn't have my EZ pass with me. I paid the toll fee to the police officer but he still gave me a ticket for not obeying a sign. I understand I shouldn't have been in that lane but I had every intention of using my EZ pass. Unfortunately I forgot it at home.

In any case I have a court appearance on Tuesday and I was wondering is there any way to fight this citation.
Malcolm,

Since you were not issued a ticket for disobeying a traffic control device, the size of the sign is not very helpful. BTW, if the sign was 2 feet x 3 feet (or bigger) than it was properly sized.

Your other defense to the disobey light ticket is much better. Take photos of the intersection from various angles and distances making sure to get the street signs in some of the photos as well as the subject light(s) in all three phrases (red, yellow and green).

Here is an article which may help entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau".

Of course, if you cannot make court or want a professional to handle this matter, feel free to call us for a consultation.

Matthew Weiss, Esq.
212-683-7373


Malcolm Wrote:
-------------------------------------------------------
> I was pulled over in Manhattan immediately after
> turning left at a traffic light. The officer told
> me that there was no left turn allowed and gave me
> a ticket for $130. I had not noticed that a left
> turn was not allowed so after the officer had
> given me the ticket, I parked and walked over to
> the intersection to investigate. I then did see
> what I perceived to be a smaller than usual No
> Left Turn sign. When I later examined the ticket I
> noticed that the violation written was 1111A2D
> "Disobey Green Straight Arrow". There was no
> green straight arrow just a green lit circle.
> Two questions:
> 1) Given the fact that there is no green straight
> arrow, I did not commit the stated offense and so
> should I plead Not Guilty or will the error in the
> ticketing be overwritten by the true offense?
> 2) Is there any regulation regarding size of
> traffic signs and could I contest the ticket based
> on the smallness of the sign? Thanks in advance.
TRF

You were issued a 2-point ticket for disobeying a traffic control device. You should fight this ticket because it is the same number of points and roughly the same fine amount whether you plead guilty or not guilty.

Here is an article which may help entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau".

Of course, if you cannot make court or want a professional to handle this matter, feel free to call us for a consultation.

Matthew Weiss
212-683-7373


TRF Wrote:
-------------------------------------------------------
> I received a summons for going through an EZ Pass
> lane when I didn't have my EZ pass with me. I paid
> the toll fee to the police officer but he still
> gave me a ticket for not obeying a sign. I
> understand I shouldn't have been in that lane but
> I had every intention of using my EZ pass.
> Unfortunately I forgot it at home.
>
> In any case I have a court appearance on Tuesday
> and I was wondering is there any way to fight this
> citation.
Re: Ask a New York Traffic Lawyer
January 10, 2011 03:30PM
I received a ticket in Warren County NY for "Move Over Law". I am a NJ resident. What am I looking at for violating this law? Should I pea guilty or not guilty? The drive to the courthouse is 5 hours from my house!!
Denise,

This is moving violation in New York and, if you are convicted, will result in 2 points being added to your New Jersey license. We recommend fighting it and can do so without you needing to be there.

Here's some more information about the New York move over law.

Feel free to call us to discuss.

Matthew Weiss
212-63-7373


Denise Wrote:
-------------------------------------------------------
> I received a ticket in Warren County NY for "Move
> Over Law". I am a NJ resident. What am I looking
> at for violating this law? Should I pea guilty or
> not guilty? The drive to the courthouse is 5 hours
> from my house!!
Re: Ask a New York Traffic Lawyer
January 20, 2011 08:34AM
Dear Matthew Weiss: I was in NYC on 1/11 going to a job site between 2nd and 3rd in E Harlem and by mistake I was on Harlem River Drive and was issued a NYS Traffic Violation Bureau Yellow ticket for violation 4-14A2 Commercial vehicle on Harlem River Drive. I haven't been to this area before and must have missed the sign and I did look as I know there are no truck routes but I also had to get to the job site to load the environmental dirt. Is this a 2 point ticket?, can or should I plead not guilty and can I get a reduction to non moving violation if this is a moving violation? Also what would be the cost to represent me and how much is the ticket cost including surcharge. Many thanks for your continued advise. Jason
RM
Re: Ask a New York Traffic Lawyer
January 21, 2011 02:26PM
Hello, recently got a Uniform Traffic Ticket 18231C "Unauthorized Use Restricted Veh on PRKWY-Comm Veh" in Bedford,NY. I was traveling in a 16 foot Ryder rental truck (~ 11'8") clearance from Connecticut toward Bedford, NY on I684 West bound and my GPS said "continue onto Saw Mill Parkway." Well that distracted me from seeing the sign that must have said "Passenger Vehicles Only" on it. I was, however, in middle lane when I saw another sign that had a small truck that looked like mine - circled with a line through it. As I was trying to pull over to get off of the very beginning of the SMP, I saw a white NY patrol car perpendicular to the highway on the right. I was already in the right lane when I saw the police car following us (no lights on yet). I was not speeding and made absolutely no fast moves to get over into right lane. I put on my turn signal to get off the 1st exit of the Saw Mill Parkway, then the police car lights started to flash. The officer said that most GPS's have a Commercial feature and to stay on certain roads and Commercial Trucks were not allowed on NY Parkways due to low bridges & safety reasons and to avoid the highways - before giving me a ticket. I told the officer that I was trying to correct the situation, and got of of the first exit. (Also, afterward, I thought about how I have never done this before,nor will probably need to again,and I thought how Ryder allows 'regular' car licenses to drive these "trucks" and said nothing about avoiding parkways in NY, which in PA is apparently Ok to do, with much larger trucks even. How much are these kind of tickets? Can I fight this and win? Please advise. Thanks In Advance.
Jason, there is no plea bargaining in New York City. It is "all or nothing" meaning you either win or lose. We recommend fighting it to keep your license as clean as possible. We do not recommend hiring an attorney because I am pretty sure that this ticket does not carry any points.

I hope this info helps.

Matthew Weiss


Jason Wrote:
-------------------------------------------------------
> Dear Matthew Weiss: I was in NYC on 1/11 going to
> a job site between 2nd and 3rd in E Harlem and by
> mistake I was on Harlem River Drive and was issued
> a NYS Traffic Violation Bureau Yellow ticket for
> violation 4-14A2 Commercial vehicle on Harlem
> River Drive. I haven't been to this area before
> and must have missed the sign and I did look as I
> know there are no truck routes but I also had to
> get to the job site to load the environmental
> dirt. Is this a 2 point ticket?, can or should I
> plead not guilty and can I get a reduction to non
> moving violation if this is a moving violation?
> Also what would be the cost to represent me and
> how much is the ticket cost including surcharge.
> Many thanks for your continued advise. Jason
Rob,

You should fight this ticket but do not take it to trial. Plead not guilty and this court will schedule you for a conference. At the conference, they will very likely offer you a deal reducing the charge to a 0-point ticket.

Good luck.

Matt

Rob Wrote:
-------------------------------------------------------
> Hello, recently got a Uniform Traffic Ticket
> 18231C "Unauthorized Use Restricted Veh on
> PRKWY-Comm Veh" in Bedford,NY. I was traveling in
> a 16 foot Ryder rental truck (~ 11'8") clearance
> from Connecticut toward Bedford, NY on I684 West
> bound and my GPS said "continue onto Saw Mill
> Parkway." Well that distracted me from seeing the
> sign that must have said "Passenger Vehicles Only"
> on it. I was, however, in middle lane when I saw
> another sign that had a small truck that looked
> like mine - circled with a line through it. As I
> was trying to pull over to get off of the very
> beginning of the SMP, I saw a white NY patrol car
> perpendicular to the highway on the right. I was
> already in the right lane when I saw the police
> car following us (no lights on yet). I was not
> speeding and made absolutely no fast moves to get
> over into right lane. I put on my turn signal to
> get off the 1st exit of the Saw Mill Parkway, then
> the police car lights started to flash. The
> officer said that most GPS's have a Commercial
> feature and to stay on certain roads and
> Commercial Trucks were not allowed on NY Parkways
> due to low bridges & safety reasons and to avoid
> the highways - before giving me a ticket. I told
> the officer that I was trying to correct the
> situation, and got of of the first exit. (Also,
> afterward, I thought about how I have never done
> this before,nor will probably need to again,and I
> thought how Ryder allows 'regular' car licenses to
> drive these "trucks" and said nothing about
> avoiding parkways in NY, which in PA is apparently
> Ok to do, with much larger trucks even. How much
> are these kind of tickets? Can I fight this and
> win? Please advise. Thanks In Advance.
speeding ticket nyc
January 23, 2011 08:46AM
Speeding ticket in Brooklyn, Prospect Expy @ Albemarle Rd, going 51 in 30 mph zone. Your advice? Thanks in advance.
Re: speeding ticket nyc
January 24, 2011 07:22AM
Oleg,

You should fight this ticket because it carries 6 points, a fine and surcharge PLUS a $300 driver assessment fee. I have written a helpful article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau" which may help you with your efforts.

Feel free to contact me if you have any further questions or if you would like to discuss retaining our services.

Matthew Weiss, Esq.
212-683-7373



Oleg Wrote:
-------------------------------------------------------
> Speeding ticket in Brooklyn, Prospect Expy @
> Albemarle Rd, going 51 in 30 mph zone. Your
> advice? Thanks in advance.
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