Matthew,
I want to thank you for your advice in this forum. Just as I have, I'm sure anyone who reads through the questions and your answers will go to court with immense confidence when it comes time to argue or plea bargain a ticket. Your advice to my questions from Jan 27 was so helpful, in fact, that I was able to negotiate an even better plea bargain than the one first offered by the prosecutor. I entered the courthouse with a 4 point speeding ticket, the prosecutor offered a 2 point 1110a ticket, but through your advice, I renegotiated for a no-point/non-moving violation ticket and was given just that (VTL 1201). Without your help, I may have just pleaded guilty on the original ticket... which is what the state wants you to do.

I hope to never need it, but if I or any of my friends/colleagues should ever need full-service legal traffic counsel, you can be sure you are the first person I call.

Thank you!
Michael

Hi, I recently posted a question about my speeding ticket (NYC: going 80 in a 50) that occurred 1/24/2011. I pleaded not guilty and my trial is on August 1st. Should I try and delay or postpone it? And how would I be able to do that?

Hi i was pulled over a few nights ago by highway pAtrol on the clear view expwy and I was doing 90 in a 50... I know its bad but can you tell me the likely outcome of this... Also I've been checking with eplead and my ticket still hasn't been submitted and it's been a week... What should I do?

Emily,

I'm glad our advice was helpful. Feel free to call us if you have any further questions.

Matthew Weiss
212-683-7373

Emily Caraballo Wrote:
-------------------------------------------------------
> Well the ticket i got on Feb2, 2011, i remember
> the police officer said something about paying the
> fine and giving it in and then to come 2/16/2011,
> however what i learned was he wanted me to appear
> with guilty plea and didn't say i had to hand in
> the ticket. ALSO, the officer had stopped me after
> i proceeded into the intersection accidentally on
> red and stooped me 3 blocks later? if i had
> entered the intersection and it wasn't my light
> then why would you come get me during that short
> period of time? What if ther was an accident i had
> cause or a pedestrian got hit as you let me go 3
> blocks and then stooped me? the officer himself
> let me go. This was his observation: " WHILE
> STOPPED AT A RED SIGNAL ON MAMARONECK AV.
> SOUTHBOUND AT MARTINE AV. I OBSERVED THE VEHICLE
> IN FRONT OF MINE, NY:EUH#### PROCEED FROM STOP AND
> GO THROUGH THE INTERSECTION. I STOPPED THE VEHICLE
> ON MITCHELL PL. DRIVER IDENTIFIED HERSELF WITH A
> PICTURE DRIVERS LICENSE. AT THE TIME OF VIOLATION
> THE TRAFFIC SIGNAL MENTIONED ABOVE WAS
> UNOBSTRUCTED AND OPERATING NORMALLY" CHARGE BASED
> ON OFFICERS : DIRECT OBSERVATION. However, there
> was no other officer with him at the time, i
> looked at the light located at mamaroneck and
> martine av southbound through google maps and
> seeing from there i actually instead was looking
> at the correct light and i did see it to be green,
> AND my accompanying friends were in the car. One
> state di passed a red , the other believed it to
> be green as well. I looked behind me no one else
> had moved. i THEN WAS TURNING ON MITCHELL PL. AND
> that's when the light on martine and mamaroneck
> where the officer in the big, what appeared to be
> a emergency response unit car, proceeded towards
> from the back and then flashed the lights. If i
> was wrong why would you proceed after i had left
> or was about to leave the street? The officer
> himself dint really describe how i was wrong only
> said " DO YOU REALIZE YOU WENT THROUGH A RED
> LIGHT?" MY record is clean completely no priors,
> no accidents either good driving record. He gave
> me a 1111d1.If i hadn't gave in the ticket today
> he would have sneaky i believe given me points.
> However, when i had gone to w.p city court house,
> i spoke with those tellers and they had told me it
> looked as if he weren't coming in because he
> wasn't listed and a police officer over the phone
> told me that he wouldn't show bc some cases are
> handled by someone else. This is where i learned
> on the phone with the police office about what
> officer nicholson was up to. I pleaded "NOT
> GUILTY" i have a perfect driving record, he wont
> find the parking ticket or even about my previous
> red light ticket because it wasn't noted on my
> record. So now i have to wait for a court date and
> i was told Officer nicholson would possibly be
> there. Also, for some reason on the copy of the
> ticket/summons it says "THIS MATTER IS SCHEDULED
> TO BE HANDLED ON THE APPEARANCE DATE BELOW"
> meanwhile he wouldn't be there? All i want is a
> plea bargain to no point deduction , because of my
> clear record, and just fine. I would like to ask
> him though why pursue me if i was 2 blocks turning
> away and was very close to getting away from you?
> i could have caused severe trouble along the way
> and you didn't prevent it from happening ? wow.
> Then asks me where i was going ? i say westchester
> mall. He tells me well back out of here and you
> can keep going straight and your there. -_-
>
> P.s I called the office Mr. Weiss and they gave
> the advice about pleading not guilty thanks .

Dear Ask a New Yorker Moderator

Failing to see signs that are clearly posted is not a defense. If they are there, then the City has done what it is supposed. On the other hand, if they are obscured or not readily visible you may have an argument about notice.

There may be other ways to fight this 2-point disobey a traffic control device ticket too.

Feel free to call us for a free consultation.

Matthew Weiss
212-683-7373

askanewyorker Wrote:
-------------------------------------------------------
> No Left Turn on Northern Blvd to Main St Queens
> Posted by: Betty
> (cpe-24-90-12-128.nyc.res.rr.com)
> Date: February 15, 2011 09:15PM
>
>
> I got pulled at night ~9:30pm for making a left
> turn from Northern Blvd onto Main Street in
> Queens, NY. I did not see any signs that stated no
> left turn except for buses on Northern Blvd. The
> only sign I did notice was a no left turn sign
> which was posted on Main Street. The police
> officer that pulled me over told me that there
> were signs posted, but I did not see them, and I
> was not the only one that did not see them. There
> was a total of 6 cars that were pulled over within
> ~ 5 mins, and about another 6 vehicles that i
> noticed made the left turn (but i am not sure if
> they were pulled over also).
>
> Is this a legit case to appeal the ticket and is
> there anyone out there that had the same
> experience?
>
> Thank you



Edited 1 time(s). Last edit at 02/22/2011 05:28AM by askanewyorker.

Michael,

Thanks for your kind remarks. I am really glad my advice help you resolve your New York speeding ticket issue.

I have answers dozens and dozens of answers, and you are the first to actually follow-up with a thank you.

I really appreciate it.

Best,

Matthew Weiss

Michael Wrote:
-------------------------------------------------------
> Matthew,
> I want to thank you for your advice in this forum.
> Just as I have, I'm sure anyone who reads through
> the questions and your answers will go to court
> with immense confidence when it comes time to
> argue or plea bargain a ticket. Your advice to my
> questions from Jan 27 was so helpful, in fact,
> that I was able to negotiate an even better plea
> bargain than the one first offered by the
> prosecutor. I entered the courthouse with a 4
> point speeding ticket, the prosecutor offered a 2
> point 1110a ticket, but through your advice, I
> renegotiated for a no-point/non-moving violation
> ticket and was given just that (VTL 1201).
> Without your help, I may have just pleaded guilty
> on the original ticket... which is what the state
> wants you to do.
>
> I hope to never need it, but if I or any of my
> friends/colleagues should ever need full-service
> legal traffic counsel, you can be sure you are the
> first person I call.
>
> Thank you!
> Michael

Kevin,

You definitely want to fight this New York speeding ticket. I carries 6 points, a fine and a $300 driver assessment fee. Delay can be a good strategy. If the officer is unavailable or does not have its notes, you will win.

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

If you want to discuss getting our professional help, feel free to call us.

Matthew Weiss
212-683-7373


Kevin.Y Wrote:
-------------------------------------------------------
> Hi, I recently posted a question about my speeding
> ticket (NYC: going 80 in a 50) that occurred
> 1/24/2011. I pleaded not guilty and my trial is on
> August 1st. Should I try and delay or postpone it?
> And how would I be able to do that?

Nabil,

You definitely want to fight this New York speeding ticket. It carries 8 points, a fine and a $450 driver assessment fee.

Here's an article which wrote which may help entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau". It will help you understand better what you are up against.

If you want to discuss getting our professional help, feel free to call us.

Matthew Weiss
212-683-7373


Nabil Wrote:
-------------------------------------------------------
> Hi i was pulled over a few nights ago by highway
> pAtrol on the clear view expwy and I was doing 90
> in a 50... I know its bad but can you tell me the
> likely outcome of this... Also I've been checking
> with eplead and my ticket still hasn't been
> submitted and it's been a week... What should I
> do?

Hi, I received a "NYS V and T law" ticket where the officer said my hands weren't on the wheel. Aside from the fact that my hands WERE on the wheel, how could he see that in the dark? How could he be sure, what exactly is the convincing evidence? And how is that in violation of v and t law? I had my GPS out and informed him that I have used it, but in V and T law it states violation of the use of a mobile phone (texting,calling, receiving calls) nowhere does it talk about a GPS, even with referring to an electronic device it refers to texting and calling. Besides, my hand were on the steering wheel and how could he be sure about that anyway? I think this ticket is ridiculous. I definitely want to fight it but I am unsure about some things. Do I request a supporting deposition? It says a date eon the ticket and states that I could go to the court or mail in the ticket, is that if I my plea is guilty? I want to plea NOT guilty and receive a court date. What do you suggest? Thank you very much!

Have a good day,
Jay

Jay,

Effective February 17, 2011, a cell phone ticket carries 2 points. Therefore, you want to fight this ticket. I therefore suggest that you plead not guilty and ask for a conference. You likely will be able to negotiate a more favorable outcome.

Feel free to call us if you have any questions or need help.

Matthew Weiss
212-683-7373


NYS Traffic Infraction Wrote:
-------------------------------------------------------
> Hi, I received a "NYS V and T law" ticket where
> the officer said my hands weren't on the wheel.
> Aside from the fact that my hands WERE on the
> wheel, how could he see that in the dark? How
> could he be sure, what exactly is the convincing
> evidence? And how is that in violation of v and t
> law? I had my GPS out and informed him that I
> have used it, but in V and T law it states
> violation of the use of a mobile phone
> (texting,calling, receiving calls) nowhere does
> it talk about a GPS, even with referring to an
> electronic device it refers to texting and
> calling. Besides, my hand were on the steering
> wheel and how could he be sure about that anyway?
> I think this ticket is ridiculous. I definitely
> want to fight it but I am unsure about some
> things. Do I request a supporting deposition? It
> says a date eon the ticket and states that I could
> go to the court or mail in the ticket, is that if
> I my plea is guilty? I want to plea NOT guilty
> and receive a court date. What do you suggest?
> Thank you very much!
>
> Have a good day,
> Jay

Mathew,

Here is my situation. I entered a traffic light on a yellow and was making a turn. A person operating a bicycle suddenly entered the cross-walk on the red hand (meaning don't walk). I stopped...it was a hard stop meaning the tires were skidding and I was a matter of feet from the bicyclist. After I negotiated the turn and was on my way, suddenly I see a police cruiser in my rearview with the lights on. I get pulled over and then was informed by the officer that I had run the red light and failed to yield to the pedestrian in a crosswalk 4-03A. I told the officer that I had stopped for the bicyclist. The officer said that I was lucky and he would only write me a ticket for failure to yield.

I would like to take this to the TVB and have a few questions:

1) I believe that I can contest the ticket because the "pedestrian" was really a mounted bicycle rider...they were not a pedestrian under the law. I believe the ticket could be thrown out on that technicality. Am I correct in assuming that might be a good defense?

2) Lets say they accept my defense, could they charge me for the red light offense if the failure to yield is thrown out? (I know that I entered the intersection on a yellow, but they will probably go by the officer's word and not mine.) If I mess this up somehow at the TVB, could they raise the fine or add additional charges? Have you ever seen that happen?

3) I have a clean driving record and want to keep it clean so I was considering hiring an attorney. Is a failure to yield ticket worth hiring an attorney? What are the chances that an attorney could get me out of this ticket? What are the chances that I could get out of this ticket by defending myself? Should I just send in the $130 and chalk it up to bad luck?

4) I noticed the officer only printed his name on the ticket, but did not sign it. Does that matter?

1ticket:

1) Your ticket will not be likely thrown out on this "technicality". You have cited what section of law you have been charged with but it likely encompasses pedestrians and bicyclists.

2) Yes, you win one ticket but lose the other. If you mess it up and lose, you will not receive extra points or fine money. We definitely recommend fighting these tickets.

3) Failure to yield ticket is 3 points and is, therefore, worth hiring a traffic attorney especially because you have the red light ticket pending too. It is impossible to predict your chances of beating these tickets but we have an excellent track record and, even if we can only beat one of these tickets, it is worth hiring us. By beating one ticket, we will save you 3 points, the fine for that ticket and the $300 driver assessment fee (this latter fee kicks in if you get 6 or more points within any 18-month period).

4) I noticed the officer only printed his name on the ticket, but did not sign it. That is not likely to help but there are many things we do to try and obtain a positive result.

Feel free to call us for a free consultation. Faxing or emailing us your tickets ahead in advance saves time.

Matthew Weiss
212-683-7373
212-726-0135 fax



1ticket Wrote:
-------------------------------------------------------
> Mathew,
>
> Here is my situation. I entered a traffic light
> on a yellow and was making a turn. A person
> operating a bicycle suddenly entered the
> cross-walk on the red hand (meaning don't walk).
> I stopped...it was a hard stop meaning the tires
> were skidding and I was a matter of feet from the
> bicyclist. After I negotiated the turn and was on
> my way, suddenly I see a police cruiser in my
> rearview with the lights on. I get pulled over
> and then was informed by the officer that I had
> run the red light and failed to yield to the
> pedestrian in a crosswalk 4-03A. I told the
> officer that I had stopped for the bicyclist. The
> officer said that I was lucky and he would only
> write me a ticket for failure to yield.
>
> I would like to take this to the TVB and have a
> few questions:
>
> 1) I believe that I can contest the ticket
> because the "pedestrian" was really a mounted
> bicycle rider...they were not a pedestrian under
> the law. I believe the ticket could be thrown out
> on that technicality. Am I correct in assuming
> that might be a good defense?
>
> 2) Lets say they accept my defense, could they
> charge me for the red light offense if the failure
> to yield is thrown out? (I know that I entered
> the intersection on a yellow, but they will
> probably go by the officer's word and not mine.)
> If I mess this up somehow at the TVB, could they
> raise the fine or add additional charges? Have
> you ever seen that happen?
>
> 3) I have a clean driving record and want to keep
> it clean so I was considering hiring an attorney.
> Is a failure to yield ticket worth hiring an
> attorney? What are the chances that an attorney
> could get me out of this ticket? What are the
> chances that I could get out of this ticket by
> defending myself? Should I just send in the $130
> and chalk it up to bad luck?
>
> 4) I noticed the officer only printed his name on
> the ticket, but did not sign it. Does that
> matter?