Ask a New York Traffic Lawyer

Posted by askanewyorker 
T
Re: Ask a New York Traffic Lawyer
December 05, 2009 06:28PM
Greetings,

I received a ticket on 10/2/09 for "Tailgating [Following too closely]" and for speeding [87 in a 55, West Shore Expway, Staten Island, NY].

I've already contacted a traffic lawyer to represent me, however, as of 11/5/09 the ticket was not in the system and I am still -today is 12/5/09 - not sure if the officer put the ticket "into the system."

I'm assuming officers can wait as long as they want to put it into the system? Does it have to be done before years end? I recall hearing my lawyer saying we want to wait till the last possible date and be at the end of the line, so is this, perhaps, a tactic to increase the odds of getting some of the fines/violations reduced? He indicated these combined could result in a suspended license, which would be awful considering my line of work revolves around me transporting around the tri-state area for work.

I'm trying to avoid constantly contacting the lawyer, [and it's not that he isn't a nice guy, but I don't want to come off as overbearing] and was just curious if an NYPD officer can wait as long as they want to enter the ticket or if you have heard of the tactic to "Wait at the end of the line" for a court date or to continuously postpone the court date?

Appreciate any and all information and for your time.

T
Great questions.

Here is the deal. Officers must hand in their tickets in order for them to be entered into the system in the DMV in Albany. If they are not handed in or get lost along the way, the ticket never hits the system and you win. Therefore, you never want to mail in your ticket as DMV can now enter your ticket even if the officer's copy is not entered. Rather, you (or your traffic lawyer) want to just keep checking DMV's system to see if it is entered.

If and when the ticket is entered, then you plead not guilty. Sometimes this results in answering the ticket late but, if your traffic lawyer is on top of your case, it should NOT result in your license being suspended. We often answer cases late trying to employ the above strategy.

Keep in mind that your cases are in the toughest traffic court in New York State. Staten Island has an extremely high conviction rate (like 96%) and, even worse, are quick to pull motorists' licenses.

You are facing 10 points for these 2 tickets. The speeding ticket is 6 points and the tailgate is 4 points. Even assuming you have no other points, the Staten Island traffic court could still suspend you if you are convicted of both charges.

A strategy we often employ for motorists (such as you) who are facing a lot of points in Staten Island is to adjourn for as long as we can and then plead guilty in another court. The rationale behind pleading guilty is take our lumps but not get suspended. Some judges outside of Staten Island (but within the same NYC traffic court system) are less apt to suspend.
Re: Ask a New York Traffic Lawyer
January 19, 2010 07:48PM
On Thanksgiving day 2009 I was traveling over the Whitestone bridge and ended up in an Ez-pass lane without and Ez-pass by mistake. I paid the traffic cop in the booth my toll however he wrote me a ticket for failure to obey posted signs. I replied to the ticket as guilty with an explanation and did not hear anything back until recently. I received a notification in the mail that I failed to answer for the ticket and my licenses would be suspended if I failed to reply. I checked online under the nysdmv/eplead.com and it stated that a plea of guilty would cause me to have 2 points on my license. question 1. is that really a 2 point ticket?? and question 2. I know if I want to plea not guilty I have to do so in person and a hearing date will be set. What are the chances I can get it all taken care of in one trip as I live 2 hours away and have to take days off of work.(I have to go to Queens North TVB



Edited 1 time(s). Last edit at 01/19/2010 07:50PM by (n/a).
Mattyt,

You definitely want to plead not guilty. Make a copy of the ticket, sign the back not guilty, and send it in. The court will schedule a date for you to conference the case and, at that time, you will be able to discuss a plea bargain.

An 86/55 is a big ticket as it is 8 points, carries about a $300 fine and surcharge, plus a $450 driver assessment fee. It can also result in your auto insurance being increased even if you have an otherwise clean record.

We can certainly help and you will not even have to go to court. Feel free to call me for a free consultation.

Best,

Matthew Weiss
212-683-7373
www.nytrafficticket.com
Re: Ask a New York Traffic Lawyer
January 27, 2010 07:57AM
received a cracked windshield ticket with my work truck and they had it repaired next morning, do i plead guilty or not guilty when i return the repair form and ticket to court? ticket was in nassau county.Thanks
How difficult is it to beat aticket for not wearing seat belt?
You definitely want to plead not guilty. You'll get a court date where you will be able to conference with a prosecutor. I would explain that you have a clean record and see what he or she will offer.

You are charged with a 6 point ticket which can hurt your insurance rates. The fine for such a ticket is about $200 but you'll also have to pay a $300 driver assessment fee if you are found guilty. By getting any reduction, you'll save the $300.

I you are too nervous or uncomfortable fighting it, feel free to call me for a free consultation. We can fight it without you needing to go to court.

Matthew Weiss, Esq.
212-683-7373
The chances are very high that you can save the $300 driver assessment fee if you fight this ticket.

Call or email me if you need any help.

Best,

Matthew Weiss, Esq
212-683-7373
If you present proof of repair for the windshield, you likely can get this ticket dismissed. Because a cracked windshield is not a moving violation (0 points), you don't need to hire an attorney to help you.

Matthew Weiss, Esq.
212-683-7337
www.nytrafficticket.com
An adult seat belt ticket carries 0 points so I don't think you want to hire an attorney to help you. These are generally easy cases for the officer to prove so the chances of winning at trial are low. Perhaps, you can enter a plea arrangement but this depends on the court.

Call me if you want any free advice.

Matthew Weiss, Esq
212-683-7373
www.nytrafficticket.com
Re: Ask a New York Traffic Lawyer
February 05, 2010 09:35AM
What r chances of beating cell phone ticket? was pulled over and given a cracked windshield ticket (for a crack on passenger side less than an inch) had it repaired and a cell phone ticket when I wasnt even using the phone! Not sure why I was even pulled over but he found way to give tickets!!Nassau county
A cell phone ticket carries 0 points but is considered a moving violation. THerefore, if you are convicted of such a ticket and have another moving violation on your record, your auto insurance rates can be increased.

In Nassau County, these tickets are easy (although time-consuming) to "beat". Plead not guilty and, when your case is scheduled, you will get a conference where a reduction to a non-moving violation ticket will most likely be offered. If you take the plea, then you will keep your driving record clean although, of course, you'll still pay the fine.

I hope this helps. Feel free to email me if you have any further questions or if you would like us to handle this matter for you.

Best,

Matthew Weiss, Esq.
mjweiss@888redlight.com
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