Dear Matthew Weiss: I got this 2 tickets
1 Unauthorized USE RESTRICTED VEH ON PRKWY-COMM veh (PKWAY/TWAY rules and regs)
2 DISOBEYED TRAFFIC CONTROL DEVICE (NYS V AND T LAW)
I'm from out state (WA) I just move to new jersey and got this new job so I was driving the van from mine new job (New Jersey) I was following the gps (I was going to white plains) ,by mistake I got into the parkway I don't now the name of,
Your advice? Thanks in advance.
( police agency was the weschester county police )

Jorge,

I would fight these tickets. They each carry 4 points in New York. You or your traffic lawyer can save you points and possibly fine money if you fight it.

Call us for a free consultation if you do not want to handle yourself.

Best,

Matthew Weiss
212-683-7373

Jorge Becker Wrote:
-------------------------------------------------------
> Dear Matthew Weiss: I got this 2 tickets
> 1 Unauthorized USE RESTRICTED VEH ON PRKWY-COMM
> veh (PKWAY/TWAY rules and regs)
> 2 DISOBEYED TRAFFIC CONTROL DEVICE (NYS V AND T
> LAW)
> I'm from out state (WA) I just move to new jersey
> and got this new job so I was driving the van from
> mine new job (New Jersey) I was following the gps
> (I was going to white plains) ,by mistake I got
> into the parkway I don't now the name of,
> Your advice? Thanks in advance.
> ( police agency was the weschester county police )

Dear Matthew,
Thank you for this great forum! I have read every question and answer and feel so much more informed because of your time. THANK YOU!

I'm a very new NYC resident driving a rental car with my AZ license, pulled over on the Taconic in Dutchess Co, 73 in a 55.

Two questions I have not seen that asked could use a moment of your time.

1. What type of DMV Driving Record, if any, should you bring if your history is free and clear or infractions (Certified or Unofficial)? I've seen some comments stating that a clean driving record could result in a better plea bargain. Is it customary for the defendant to present a Certified Driving Record from his/her licensed state to the prosecutor, or does the prosecutor and/or judge use his/her own source? Or in your experience does this even make an impact?

2. How much change do you often see in plea bargains offered? Example: If someone has a 4-point 1180b infraction, can it be negotiated to a 0-point or non-moving violation? Should the defendant propose a different charge/lower points, or let the prosecutor offer first? What is the most accepted bargain?

Many thanks for your time!
Michael

Michael,

You read every post! Quite impresive.

Answers posted immediately following your questions.

1. What type of DMV Driving Record, if any, should
> you bring if your history is free and clear or
> infractions (Certified or Unofficial)? I've seen
> some comments stating that a clean driving record
> could result in a better plea bargain. Is it
> customary for the defendant to present a Certified
> Driving Record from his/her licensed state to the
> prosecutor, or does the prosecutor and/or judge
> use his/her own source? Or in your experience
> does this even make an impact?

A regular DMV record is sufficient. No need to pay extra for a certified one. In fact, most courts will run your record for you so you don't even have to bring one. BTW, you past driving history is very important in the plea bargaining process.

> 2. How much change do you often see in plea
> bargains offered? Example: If someone has a
> 4-point 1180b infraction, can it be negotiated to
> a 0-point or non-moving violation? Should the
> defendant propose a different charge/lower points,
> or let the prosecutor offer first? What is the
> most accepted bargain?

A 4-point speeding ticket is usually reduced to a 2-point Disobey Traffic Control Device (VTL 1110a) ticket. However, with a clean record, you may be able to get a parking ticket (it depends on the court). Wait for the prosecutor to make the initial offer.

My fingers are crossed for you.

Matthew Weiss

Michael Wrote:
-------------------------------------------------------
> Dear Matthew,
> Thank you for this great forum! I have read every
> question and answer and feel so much more informed
> because of your time. THANK YOU!
>
> I'm a very new NYC resident driving a rental car
> with my AZ license, pulled over on the Taconic in
> Dutchess Co, 73 in a 55.
>
> Two questions I have not seen that asked could use
> a moment of your time.
>
> 1. What type of DMV Driving Record, if any, should
> you bring if your history is free and clear or
> infractions (Certified or Unofficial)? I've seen
> some comments stating that a clean driving record
> could result in a better plea bargain. Is it
> customary for the defendant to present a Certified
> Driving Record from his/her licensed state to the
> prosecutor, or does the prosecutor and/or judge
> use his/her own source? Or in your experience
> does this even make an impact?
>
> 2. How much change do you often see in plea
> bargains offered? Example: If someone has a
> 4-point 1180b infraction, can it be negotiated to
> a 0-point or non-moving violation? Should the
> defendant propose a different charge/lower points,
> or let the prosecutor offer first? What is the
> most accepted bargain?
>
> Many thanks for your time!
> Michael

Hi, I recieved a ticket last week for a "failure to obey traffic device" which was a No Entry sign on the block. But there is a traffic light at the end of that block for vehicles going in that so called wrong way and there is also a sign that says "vehicles yield to pedestrians when turning". Also there is another No Entry sign at the next block after that 1st No Entry sign block. I only went thru bescause i've seen other cars go thru there at times. I asked the police officer what about the light and traffic sign at the end of the block and why cars can't go thru and he said only buses can go thru there and it's a one way street. There are no signs that says only buses. Do you think its worth fighting? I don't mind the fine, it's just the points that's gonna probably increase my insurance that bothers me.
Thank you

Raymond,

I recommend fighting it. A ticket for disobeying a traffic control device under VTL 1110a carries 2 points. You have nothing to lose and often motorists can get a better resulting by taking the time to challenge a New York traffic ticket. Take a bunch of photos from different angles to show the judge the signage, street, etc.

BTW, if you have an otherwise clean record within the last 36 months, this ticket alone will not result in your insurance rates going up.

Matthew Weiss


Raymond R Wrote:
-------------------------------------------------------
> Hi, I received a ticket last week for a "failure
> to obey traffic device" which was a No Entry sign
> on the block. But there is a traffic light at the
> end of that block for vehicles going in that so
> called wrong way and there is also a sign that
> says "vehicles yield to pedestrians when turning".
> Also there is another No Entry sign at the next
> block after that 1st No Entry sign block. I only
> went thru because i've seen other cars go thru
> there at times. I asked the police officer what
> about the light and traffic sign at the end of the
> block and why cars can't go thru and he said only
> buses can go thru there and it's a one way street.
> There are no signs that says only buses. Do you
> think its worth fighting? I don't mind the fine,
> it's just the points that's gonna probably
> increase my insurance that bothers me.
> Thank you

Hi Mr. Weiss
My name is Kevin and I was recently pulled over (1/24) in Belt Parkway in Brooklyn, NYC. I was given a ticket for going 80 in a 50 which I don't believe is true but I do believe I was going over 50. I did write down many details as I was being written up and the officer said he pointed a laser at my car. After reading through your forums, I realized that New York City does not accept pleas bargaining. Should I just plead guilty and pay the fines?
I am also a teenage driver (18) but have had my license for over 6 months. I also do not have insurance. The car I was driving was my fathers and I am not covered by his plan. Because of that, I'm not sure whether I should fight the charges as I am unsure whether the court can get me for driving without insurance. I also cannot find my ticket online on the dmv site because I want to pay online and not have the hassle of mailing the ticket in. Does that help me in anyway? (I asked them to send me a notification if my ticket goes into the system)

Thanks again.

Hi well i was on my way to the westchester mall in white plains, and i was passing by the city center. I was at the light before you hit dunkin doughnuts and knew there was a cop behind me. For some reason i blanked out, i suffer from a.d.h.d. and i blank out and forget idk, but i blanked out and somehow my eyes were focusing on the light after the one i was at and I proceeded forward, it was until then my frineds told me i ran the red and the cop was going to stop me , id dint beleive them becuase i though i saw it turn green. next few minutes as i was trying to turn the cop turned the lights on and followed me and pulled me over. He then told me that i ran the red , The only thing i could tell himw as the i didnt see it becuase i honestly couldnt remeber .. SO i gave him my registration, liscence, and a pba card. He gave me a summons for 2/16/2011 and said to be there. I couldnt figure why just give me a regular ticket man. Im worried because this is the second red light ticket i recieved. however the first one was lowered down to a parking ticket in yonekrs. Also i ahvnet told my mother because I dont know how to really explain to her that i blanked out, anway Im worried this will give me points on my liscencse and my insurance company will be notified, Im trying to avoid that so my parents cant find out. is there someway I can keep them from knowsing and my insurance company ? and if the cop asks me do i have other tickets nd i say just a parking ticket does that mean he cant lower my sentence? I know if i take the 6 hour class i can scrap the points but the insurance company will find out 30 days later after the court date of my points but that i will already have taken the 6 hour . What do i do? im so confused and worried.

alSO, I AM 19 CLASS d drivers liscense. My last ticekt was given in april 2010 and it was settled/ changed to a parking ticekt on dec14 2010 in yonkers court because i had a clean record. email is ecaraballo3@gmail.com. Please give some advice thank you !




emily Wrote:
-------------------------------------------------------
> Hi well i was on my way to the westchester mall in
> white plains, and i was passing by the city
> center. I was at the light before you hit dunkin
> doughnuts and knew there was a cop behind me. For
> some reason i blanked out, i suffer from a.d.h.d.
> and i blank out and forget idk, but i blanked out
> and somehow my eyes were focusing on the light
> after the one i was at and I proceeded forward, it
> was until then my frineds told me i ran the red
> and the cop was going to stop me , id dint beleive
> them becuase i though i saw it turn green. next
> few minutes as i was trying to turn the cop
> turned the lights on and followed me and pulled me
> over. He then told me that i ran the red , The
> only thing i could tell himw as the i didnt see it
> becuase i honestly couldnt remeber .. SO i gave
> him my registration, liscence, and a pba card. He
> gave me a summons for 2/16/2011 and said to be
> there. I couldnt figure why just give me a regular
> ticket man. Im worried because this is the second
> red light ticket i recieved. however the first one
> was lowered down to a parking ticket in yonekrs.
> Also i ahvnet told my mother because I dont know
> how to really explain to her that i blanked out,
> anway Im worried this will give me points on my
> liscencse and my insurance company will be
> notified, Im trying to avoid that so my parents
> cant find out. is there someway I can keep them
> from knowsing and my insurance company ? and if
> the cop asks me do i have other tickets nd i say
> just a parking ticket does that mean he cant lower
> my sentence? I know if i take the 6 hour class i
> can scrap the points but the insurance company
> will find out 30 days later after the court date
> of my points but that i will already have taken
> the 6 hour . What do i do? im so confused and
> worried.

Jorge becker Wrote:
-------------------------------------------------------
> Dear Matthew Weiss: I got this 2 tickets
> 1 Unauthorized USE RESTRICTED VEH ON PRKWY-COMM
> veh (PKWAY/TWAY rules and regs)
> 2 DISOBEYED TRAFFIC CONTROL DEVICE (NYS V AND T
> LAW)
> I'm from out state (WA) I just move to new jersey
> and got this new job so I was driving the van from
> mine new job (New Jersey) I was following the gps
> (I was going to white plains) ,by mistake I got
> into the parkway I don't now the name of,
> Your advice? Thanks in advance.
> ( police agency was the weschester county police )

Kevin,

Plead not guilty and fight the speeding ticket. You have nothing to lose by fighting it, although it is hard to beat tickets at any Traffic Violations Bureau.

Here is an article which I wrote entitled "How To Fight A Traffic Ticket At The Traffic Violations Bureau". I hope it helps but am available to discuss fighting your traffic ticket (if you want).

Matthew Weiss
212-683-7373


Kevin.Y Wrote:
-------------------------------------------------------
> Hi Mr. Weiss
> My name is Kevin and I was recently pulled
> over (1/24) in Belt Parkway in Brooklyn, NYC. I
> was given a ticket for going 80 in a 50 which I
> don't believe is true but I do believe I was going
> over 50. I did write down many details as I was
> being written up and the officer said he pointed a
> laser at my car. After reading through your
> forums, I realized that New York City does not
> accept pleas bargaining. Should I just plead
> guilty and pay the fines?
> I am also a teenage driver (18) but have
> had my license for over 6 months. I also do not
> have insurance. The car I was driving was my
> fathers and I am not covered by his plan. Because
> of that, I'm not sure whether I should fight the
> charges as I am unsure whether the court can get
> me for driving without insurance. I also cannot
> find my ticket online on the dmv site because I
> want to pay online and not have the hassle of
> mailing the ticket in. Does that help me in
> anyway? (I asked them to send me a notification if
> my ticket goes into the system)
>
> Thanks again.

Emily,

Fight the ticket. The court will likely reduce it to a lesser charge.

If you want our help (or want us to talk you through it), feel free to call us.

Matthew Weiss
212-683-7373

emily Wrote:
-------------------------------------------------------
> Hi well i was on my way to the westchester mall in
> white plains, and i was passing by the city
> center. I was at the light before you hit dunkin
> doughnuts and knew there was a cop behind me. For
> some reason i blanked out, i suffer from a.d.h.d.
> and i blank out and forget idk, but i blanked out
> and somehow my eyes were focusing on the light
> after the one i was at and I proceeded forward, it
> was until then my frineds told me i ran the red
> and the cop was going to stop me , id dint beleive
> them becuase i though i saw it turn green. next
> few minutes as i was trying to turn the cop
> turned the lights on and followed me and pulled me
> over. He then told me that i ran the red , The
> only thing i could tell himw as the i didnt see it
> becuase i honestly couldnt remeber .. SO i gave
> him my registration, liscence, and a pba card. He
> gave me a summons for 2/16/2011 and said to be
> there. I couldnt figure why just give me a regular
> ticket man. Im worried because this is the second
> red light ticket i recieved. however the first one
> was lowered down to a parking ticket in yonekrs.
> Also i ahvnet told my mother because I dont know
> how to really explain to her that i blanked out,
> anway Im worried this will give me points on my
> liscencse and my insurance company will be
> notified, Im trying to avoid that so my parents
> cant find out. is there someway I can keep them
> from knowsing and my insurance company ? and if
> the cop asks me do i have other tickets nd i say
> just a parking ticket does that mean he cant lower
> my sentence? I know if i take the 6 hour class i
> can scrap the points but the insurance company
> will find out 30 days later after the court date
> of my points but that i will already have taken
> the 6 hour . What do i do? im so confused and
> worried.