Ask a New York Traffic Lawyer

Posted by askanewyorker 
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
Rob
Re: Ask a New York Traffic Lawyer
February 06, 2010 08:58PM
My teenage child received a ticket 50mph in a 35mph in upstate NY. When I went to the site I noticed 2 things one of the speed limit signs was missing and trooper was right at the point where the speed goes back to 55 although my child was probably a few hundred feet before the end of the zone when picked up by radar. It is the first ticket ever received. Will the missing sign allow for the ticket to be dismissed or should we fight it.
The missing sign may help. I would take a bunch of photos showing this stretch of roadway. Take some as you approach all the way to where her vehicle was stopped. You should, of course, plead not guilty. On your conference date, you can attempt to negotiate a better disposition. A 50/35 is a 4-point ticket.

I hope this helps but, if you have any further questions, email me directly. Also, if you child cannot attend court, then we can represent her without her needing to be there.

Best,

Matthew Weiss
212-683-7373
roy
Re: Ask a New York Traffic Lawyer
February 10, 2010 12:29PM
help-please! 16 years ago in my early 20"s i got pulled over for a dwi (learned
my lesson!) it was plead down to a dwai-a violation as you know. i just
completed truck driving school and received my cdl-a license. i had to get a
copy of my new york dmv mvr for the school and it was clean- no reference,etc to
the dwai or 90 license suspension. so here is my question- i did a criminal
background check on myself in ny- came back clean and my dmv mvr is clean! so a
potential employer would obtain and receive the same new york dmv mvr as myself?
thanks. roy
Your employer will likely receive the same results as you, but you never know. In particular, the DWAI likely won't be disclosed in your NY driving record because it is so old. On the other hand, your criminal record is permanent and, while DWAI is not a criminal charge, it should be locate-able. My advice would to disclose the past conviction to your employer because it is best to be honest. It was so long ago so it hopefully shouldn't be used against you.

Feel free to call me if you have any follow questions.

Matthew Weiss
212-683-7373
Re: Ask a New York Traffic Lawyer
February 12, 2010 08:11PM
Hi,

I was pulled over in Lewiston for 69 in a 55. I sent the ticket in "not guilty", and have received a date for a "trial".

Is the "trial" the appropriate place for me to be negotiating a lesser charge, or do I need to request a "conference"?

Also, would it be helpful for me to bring an abstract showing I have nothing else on my license?

Thanks,
jeff
This is a 4 point ticket. On the court date for "trial", you will be given a chance to discuss a plea bargain. Try and get a 0-point ticket. If not, try for a non-speeding ticket (2 points).

Call me if you want a free consultation or have any further questions.

Matthew Weiss, Esq.
212-683-7373
Re: Ask a New York Traffic Lawyer
February 26, 2010 12:48PM
Hi Matthew

Thanks for providing such a great resource. You are helping many people and it is appreciated.

Question: I was pulled over and given a cell phone ticket in Manhattan on Jan 16 2010. I have not yet pled (it took a while for the ticket to show up on DMV records and then I procrastinated...don't know if I'm behind the 8-ball now). But the more interesting part is: On the Place of Occurrence the officer wrote "S/B W.95 & West End Ave." It seems that he was trying to say that I was driving south bond on West End Avenue at West 95th Street. But he seems to have written that I was driving south bound on "W. 95"...if that qualifies as West 95th Street, then how could I be driving south on a street that runs east to west???

Is this a good defense?

Thanks,
John
Re: Ask a New York Traffic Lawyer
March 04, 2010 08:50PM
I was pulled over by a Nassau cop for holding my cellphone, he assumed I was on the phone while all I was doing was listening to the directions on my GPS. I was on the way to Schneider's Childrens Hospital in New Hyde Park as my son had an appt. I tried to explain but he was very rude and said he didnt want to hear it asked for all my documents and came back with $180 ticket and on top he doubted that I was wearing my seat belt. I have proof that I was going to the Hospital with my son and that I was not on the phone as the last phone call I made was at 1:27 for 2 minutes 5 seconds,before I left my house and the ticket was printed at 1:52pm. Is there a way for me to fight this? My license is clean, this is is the first ticket I gotten. Thanks
Lulo,

Yes, you can fight this ticket. Your case is probably returnable at 16 Cooper Street in Hempstead. If so, you need top lead not guilty. You'll will eventually be scheduled for a conference where you can discuss a plea bargain to reduce the charge to something which will not appear on your driving record.

While this ticket carries 0 points, it can affect your auto insurance rates if you get other tickets or an accident on your record.

I hope this answers your questions but feel free to email or call if you have any others.

Matthew Weiss
212-683-7373
mjweiss@888redlight.com
I was pulled over by a Nassau cop on the LIE 2 days ago. Apparently I was clocked going 91 when I know the fastest I go is 80. He gave me a ticket for that. Also he gave me a ticket for having a rear clear license plate cover. He said it was obstructing view. I never knew that it is "illegal" to have those. I send both tickets in today pleading not guilty. What are my best options now?
Jean Pierre,

The speeding ticket is the big problem. It is an 8-point ticket which can result in your auto insurance rates increasing, and carries about a $300 fine plus a $450 driver assessment fee. If you have any other points, it could also result in a suspension of your driving privileges.

The other ticket carries 0 points. It's not a big deal.

Given the seriousness of the speeding ticket, you should consult with a New York traffic lawyer.

Feel free to call me to discuss. The consultation is, of course, free.

Matthew Weiss
212-683-7373
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