I received a "no seat belt" ticket while driving WEARING the seat belt. What defense should I use at the trial, how do I prove that I actually had the belt on? I was pulled over for no apparent reason, when inquired for the reason, office stated that he will let me know once he checks my license and registration. He returned 2-3 minutes later, gave me my documents back and wished a good day. Half an hour later, as I was placed the documents back in my wallet, I notices a rolled up (hidden) ticket. I can easily map out the route I was on and with the number of street security cameras in Brooklyn and the exact time it would be very easy to see that the belt was on, but how do I get access to the evidence? Any assistance is greatly appreciated.

That's a weird police stop. The good news is that this ticket carries 0 points. The bad news is that it carries about $150 fine and surcharge. The first thing that I would do is check the ticket for errors. It's odd that he could write it correctly in just a few minutes. Perhaps, there are errors or omissions which you can show the judge to support your version. Otherwise, it is going to be hard to get security camera tapes and, thus, it is his word against yours (and at the Traffic Violations Bureau you can imagine which way the judge sides in such a situation). I hope this helps. Best, Matthew Weiss

Common Misconceptions About Speeding Tickets


Police officers follow quote systems?
They may exist in some areas but it doesn't really matter. Police officers patrolling around will issue tickets to whomever they see violate the law. Don't think that their supervisors won't ask them how many tickets were issued when they return to the police house (quote or not).

Officers will not issue a speeding ticket to motorists traveling less than 10 mph above the limit?
It depends on the officer. Generally, you'll get a 5 mph grace and sometimes up to 10 mph.

If I am stopped, I should flash a PBA or other police card?
I'd say no. If you have one, I'd be subtle about. As you "look" for your license, make sure officer can see that you have one.

If the cop makes a mistake on the ticket like writing the wrong birth date, then I'll win the case?
No, unlike a parking ticket, most mistakes on the ticket will not result in a dismissal. Further, up to the time of trial, the officer may amend the ticket to correct a mistake or omission. Exceptions exist for substantial errors like the date of offense and place of occurrence.

was caught going 80 in a 65 on 87 in upstate ny. assuming i plead guilty what monetary fine should i expect, how many points and will it definitely raise my premiums? any advise/options? your expertise please.

A New York speeding ticket for going 80 in a 65 carries 4 points.

The fine for such a ticket is about $200.

Assuming you have an otherwise clean record, this ticket will NOT result in your insurance rates going up. Nevertheless, we recommend pleading not guilty.

If you do and appear on the court date, you can likely work out a plea bargain. A plea bargain is when you plead guilty to a lesser charge in exchange for withdrawing your not guilty plea.

Feel free to contact me if you have any further questions.

Matthew Weiss, Esq.
212-683-7373
[www.nytrafficticket.com]

is it illegal to use a radar detector in new york? if not, should one remove it if/when stopped by a state trooper? just wondering.

after having read a lot lately about how insurance companies pay for police radar detectors etc, i am disgusted with this money making scam. having said my peace, i will plead guilty on my ticket. taking a day to drive upstate just isn't worth it to me. hopefully, my insurance company wont find out about it too soon. i guess i'd be losing my prefered driver discount for a few years.

It is currently not illegal to use a radar detector in New York unless you are driving a big truck.

In regard to your speeding ticket, you probably won't want to plead guilty. There will be points assessed (from 3 to 11 depending on the speed), a fine and surcharge (around $200) and possibly a driver assessment fee (starting at $300 for 6 points and $75 for each additional point). Further, some speeding convictions (16 or more mph over the limit) can result in your auto insurance rates increasing.

If you do not have the time, you can hire a New York traffic lawyer to fight this case for you. Upstate, our experience is that we're able to save our clients points and money.

Feel free to call me for a free consultation.

Matt
212-683-7373

I recieved 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

I recieved 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

Mattyty, you definitely want to plead not guilty and fight this ticket. It carries 6 points and can result in your auto insurance increasing (even if you have an otherwise clean record).

The fine is about $200 but, if you plead guilty, you'll also need to pay a $300 Driver Assessment Fee.

You should plead not guilty and appear on your own behalf or by an experienced traffic ticket lawyer.

If you are nervous, we'd be glad to help you. We can help save the $300 Driver Assessment Fee as well as points and insurance consequences. You will not even have to go to court. Feel free to call us to discuss at 212-683-7373

Thanks

Matthew Weiss, Esq.

thank you... what are the chances of this ticket being knocked down so i wouldnt have to pay the assessment fee?

I was pulled over last Sunday for doing 78 in a 50 mph zone on the West Shore Expressway in Staten Island. I honestly was not aware that it was a 50 mph zone, as I'd just come over from the GSP--which is a 65 mph zone--and I had not seen a sign.
That said, I also don't believe I was going 78. Even on the GSP, I do not tread that close to 80. I know I was speeding as I was definitely over 50, but that charge seems a little outrageous to me. I'm sure it didn't help that I was in the fast lane to pass another car.
This is my first speeding offense in NY, as well as my first offense ever. Do I have any chance of pleading down? Or of at least avoiding the Drivers Assessment fine?