Ask a New York Traffic Lawyer

Posted by askanewyorker 
Eric,

Go to court and ask for a court date. The should give it you but require a $40 bond. You get a refund or credit for the bond at the end of the case.

You have nothing to lose by fighting it and, of course, give yourself a chance to win and avoid 2 points on your license.

Of course, if you want help defending yourself, call us for a free consultation.

Good luck.

Matthew Weiss
212-683-7373

askanewyorker Wrote:
-------------------------------------------------------
> disobeying a traffic device
> Posted by: Eric (---.rdns.blackberry.net)
> Date: March 16, 2011 04:52PM
>
>
> Approx. A year ago I got a ticket for making a
> turn late at night on a street where only buses
> can make the right turn . Got pulled over and got
> a disobey traffic device ticket plead not guitly
> and until recently received a letter stating that
> if I don't show up to the tvb office in brooklyn
> ny drivers license will be suspened for not going
> to court? What should do and how much do you think
> the fine would be now for the ticket?
I got two traffic tickets, one for failure to signal and another one for doing 89 in a 50. I was truly unaware of the fact that i was going that fast. i did not fuss with the officer, just told him i was late for work and i was very sorry. When i looked at my ticket, my license plate number is wrong and the date that my license expire is also wrong. The place of occurrence was 4 mile away from where was stated on the ticket. I never got a ticket before. I was nervous when the police told me to pull over and i forgot to signal while changing lanes. Is there something i can do to lower my fine?
Mallini,

The wrong license plate number and wrong expiration date will not have you beat this ticket. The wrong place of occurrence is a good defense in the officer admits that he got it wrong (or you can clearly otherwise prove it).

The 89/50 is an 8-point speeding ticket and the fail to signal is a 2-point traffic ticket.

There are many ways to achieve a positive results. Call us for a free consultation, or send us via email or fax a copy of your ticket (and include your telephone number).

Matthew Weiss
212-683-7373
212-726-0135 fax
mjweiss@888redlight.com


Mallini Wrote:
-------------------------------------------------------
> I got two traffic tickets, one for failure to
> signal and another one for doing 89 in a 50. I was
> truly unaware of the fact that i was going that
> fast. i did not fuss with the officer, just told
> him i was late for work and i was very sorry. When
> i looked at my ticket, my license plate number is
> wrong and the date that my license expire is also
> wrong. The place of occurrence was 4 mile away
> from where was stated on the ticket. I never got a
> ticket before. I was nervous when the police told
> me to pull over and i forgot to signal while
> changing lanes. Is there something i can do to
> lower my fine?
Re: Ask a New York Traffic Lawyer
March 21, 2011 05:49PM
Illegal left turn
Posted by: Jim0125 (ool-6039446c.static.optonline.net)
Date: March 21, 2011 09:13AM


Hello,
I recently received a ticket in Flushing for making an illegal left turn. The fine is $130. What would the points be and what are the chances that I could have the points waived by appearing in court?
Thank you!
Re: Ask a New York Traffic Lawyer
March 21, 2011 07:02PM
I got a ticket a few weeks ago for talking on my phone while driving. I was really brazen about it -- I rolled right up to the Battery Tunnel tollbooth with the phone to my ear, so there's really no arguing it. It was a dumb thing to do and I'll take my lumps for it.

However, it's been almost 15 days and the ticket still hasn't appeared on the DMV website. I've signed up for the alert so that I'll be emailed when it does appear, and I plan to just plead guilty and pay the fine when that happens.

Is that all I have to do? The site says I'll be notified when the ticket appears, or if it does not appear after 61 days. Can I safely sit back and wait it out now, or am I in danger of getting my license suspended if I don't just mail in a check? If I get that 61 day notice, does that mean I'm off the hook?
Jim,

This ticket carries 2 points. If you fight it, you will not be able to get the points waived. You either will win or lose. There are no deals for NYC traffic tickets.

I wrote an article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau" should help you.

Good luck.

Matthew Weiss
212-683-7373

askanewyorker Wrote:
-------------------------------------------------------
> Illegal left turn
> Posted by: Jim0125
> (ool-6039446c.static.optonline.net)
> Date: March 21, 2011 09:13AM
>
>
> Hello,
> I recently received a ticket in Flushing for
> making an illegal left turn. The fine is $130.
> What would the points be and what are the chances
> that I could have the points waived by appearing
> in court?
> Thank you!
Mike,

Keep checking regularly (despite signing up for the auto-notification). It can take 30 to even 60 days to get entered.

You won't be "out of the woods" unless the ticket doesn't appear for 6 months.

Good luck.

Matt


Mike Wrote:
-------------------------------------------------------
> I got a ticket a few weeks ago for talking on my
> phone while driving. I was really brazen about it
> -- I rolled right up to the Battery Tunnel
> tollbooth with the phone to my ear, so there's
> really no arguing it. It was a dumb thing to do
> and I'll take my lumps for it.
>
> However, it's been almost 15 days and the ticket
> still hasn't appeared on the DMV website. I've
> signed up for the alert so that I'll be emailed
> when it does appear, and I plan to just plead
> guilty and pay the fine when that happens.
>
> Is that all I have to do? The site says I'll be
> notified when the ticket appears, or if it does
> not appear after 61 days. Can I safely sit back
> and wait it out now, or am I in danger of getting
> my license suspended if I don't just mail in a
> check? If I get that 61 day notice, does that mean
> I'm off the hook?
Re: Ask a New York Traffic Lawyer
March 24, 2011 10:09PM
Thanks so much! I'll do that, and sleep better for sure.
Beth
Hi Matt,

Earlier I asked the question of the chances of the officer losing a ticket. I did go to the "Eplead" system and entered in my information so they could send me an email when they finally entered the ticket. I received the ticket on 2/26 and they just entered it in today. I just received that infamous email alert. The email says the "Return Date" is 5/5/2011 and states that if I fail to answer the ticket by the return date then they will impose fees, suspend license, etc.

My followup question is what happened to the 30 day time limit? Can I wait until May 4th to answer the ticket?

I was thinking that if I waited until the latest possible time and tried to contest it then there is a greater chance the officer will not show up or maybe have thrown away the notes or not remembered the details. This ticket is a failure to yield to a pedestrian. When I do schedule the first date at the TVB then I figure I will wait until the latest possible time and then use that one time re-schedule to move it forward even more.

What do you think of my strategy?
NJ Citizen,

I would bother waiting until the last possible date. The May 5th date is just a deadline for you to get a date. You'll likely get a date in June, July or August regardless of when you enter your not guilty plea.

In regard to the delay, DMV is sometimes slow in getting tickets entered (as you see) but this won't help you in challenging it.

I hope this helps and good luck fighting this one.

Matthew Weiss
212-683-7373

NJCitizen Wrote:
-------------------------------------------------------
> Hi Matt,
>
> Earlier I asked the question of the chances of the
> officer losing a ticket. I did go to the "Eplead"
> system and entered in my information so they could
> send me an email when they finally entered the
> ticket. I received the ticket on 2/26 and they
> just entered it in today. I just received that
> infamous email alert. The email says the "Return
> Date" is 5/5/2011 and states that if I fail to
> answer the ticket by the return date then they
> will impose fees, suspend license, etc.
>
> My followup question is what happened to the 30
> day time limit? Can I wait until May 4th to
> answer the ticket?
>
> I was thinking that if I waited until the latest
> possible time and tried to contest it then there
> is a greater chance the officer will not show up
> or maybe have thrown away the notes or not
> remembered the details. This ticket is a failure
> to yield to a pedestrian. When I do schedule the
> first date at the TVB then I figure I will wait
> until the latest possible time and then use that
> one time re-schedule to move it forward even more.
>
>
> What do you think of my strategy?
Jen
Re: Ask a New York Traffic Lawyer
March 30, 2011 09:58AM
Matt,

I just got a moving violation for failing to stop for a school bus down in the west village, which carries 5 points!

I went through an intersection following an SUV on the left and we both got pulled over by a clan of about 8 cops hanging out in the intersection waiting to pull people over. However after about 5 seconds, the SUV got waived off, so I thought it was a seat belt checkpoint or something. When he told me why I was pulled over, I looked back, then saw the small bus, not flashing red lights, but definitely there, however surrounded by parked cars, and I did NOT see the bus when I went through the intersection. (Bus was in lane 4, I was in lane 2, SUV was in lane 3). So there was a bus parked in front of a school, possibly flashing its red lights, all traffic moving past it, the SUV in front of me that I followed through the intersection past the bus doesn't get a ticket and I do?

Also, I am an PA resident with a PA license. So afterwords, the officer told me the ticket was a 'big one' but was very nice and appeared to be willing to help (key word, 'appeared'), and said I should plead 'NOT GUILTY', but I have to go to court and he'll take care of it then. He made sure that I understood that I have to go to court. Which for 5 points in question, I definitely understood.

My question is, how do I go about this? I don't want any points, I feel like it was a trap, but I'm getting mixed advise about fighting it. Do I have any chance? Will the points be waived? Should I hire a lawyer? I wish there was a way to bring up that they let the SUV off and discriminated towards me, but that seems to only incriminate my self for tailgating and not able to see the bus.

Any advise would be so much appreciated!!

Thanks

Jen
Dear Matt - great forum! Two quick questions re recent speeding ticket for 70 in a 50 (TVB - Bronx - I-95):

First, in your experience, how often does a speeding ticket fail to ever show up in the nysdmv.com system?

Second, in your experience, how often does the cop fail to appear if you plead not guilty and get a trial date?

Thanks!
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