Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
September 18, 2012 01:22PM
My wife got an NY speeding ticket for going 84 in a 65 zone. The ticket names Lafaytte court. We are from VA.
1. What should she plead?
2. Will she get points in VA too? How many? Will she also face any other implications in VA or in NY if she pleads guilty?
3. What implications on insurance in VA?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 18, 2012 01:43PM
Eddie,

Without more facts, it is impossible to state what your defense to this case might be. I can tell you that seat belts are not required for livery vehicles. Perhaps that helps.

In any event, adult seat belt tickets carry 0 points so you shouldn't lose too much sleep over this one.

Matthew Weiss



Eddie Wrote:
-------------------------------------------------------
> I received a no seat belt ticket in Brooklyn. Is
> there any defense that works?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 18, 2012 01:45PM
Francisco,

You should plead not guilty to all of these tickets. This is the best way to achieve the best possible result.

The "no turn" ticket is the only one that carries points.

Matthew Weiss



Francisco Abreu Wrote:
-------------------------------------------------------
> Hi thanks in advance
>
> I received a traffic ticket for disobeying a
> traffic device for turning left on a "no turn"
> street. I also gave the officer the wrong
> insurance paper even though I had the updated
> insurance papers in the car so he gave me a ticket
> for being uninsured. He also gave me another
> ticket for unlicensed GT 60 days because I only
> had a permit but 5 days later I went on to get my
> license. What tickets should I plea guilty and
> which tickets should I plea not guilty and go to
> court?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 18, 2012 01:50PM
Tony,

Answers in bold follow each of your questions below:

1. What should she plead? Not guilty.

2. Will she get points in VA too? Yes. How many? I don't know. You need to ask a Virginia traffic lawyer. Try Googling Bob Battle, Esq. Will she also face any other implications in VA or in NY if she pleads guilty? Yes, I believe that this may also transfer as a criminal reckless driving offense in VA. Again, as Bob Battle.

3. What implications on insurance in VA? Your insurance likely will go up if you are convicted of this ticket.

4. 80+ is considered reckless driving in VA but the NY ticket does not say reckless. See my responses in paragraph 2 above.

Matthew Weiss



Tony Wrote:
-------------------------------------------------------
> My wife got an NY speeding ticket for going 84 in
> a 65 zone. The ticket names Lafaytte court. We are
> from VA.
> 1. What should she plead?
> 2. Will she get points in VA too? How many? Will
> she also face any other implications in VA or in
> NY if she pleads guilty?
> 3. What implications on insurance in VA?
>
> Also, 80+ is considered reckless driving in VA but
> the NY ticket does not say reckless.
Re: Ask a New York Traffic Lawyer
September 19, 2012 06:35AM
Hi,

I received a speeding ticket on I-87 for doing 88 in a 65. The cop that pulled my over I believe was a NY state trooper in an unmarked SUV. He took all my information but it was another trooper that pulled up in a marked car 10 minutes later that handed me the ticket. My question is regarding Governor Pataki executive order 35 regarding NY state troopers ability to pull over people for traffic violations. Is that executive order still in effect? Would I have a defense using the executive order? Thanks in advance for your help.
Greg,

Your NY speeding ticket carries 6 points, roughly a $200 fine and a $300 Driver Assessment Fee. You should therefore fight it.

Because the police office that issued you the ticket apparently did not observe the alleged offense, you have an excellent defense. The issuing officer will not be able to testify with first-hand knowledge about your alleged speeding including such things as location, direction of travel, lane, etc.

Matthew Weiss



Re: Ask a New York Traffic Lawyer
Posted by: Greg (---.nwrknj.fios.verizon.net)
Date: September 19, 2012 04:35AM

Hi,

I received a speeding ticket on I-87 for doing 88 in a 65. The cop that pulled my over I believe was a NY state trooper in an unmarked SUV. He took all my information but it was another trooper that pulled up in a marked car 10 minutes later that handed me the ticket. My question is regarding Governor Pataki executive order 35 regarding NY state troopers ability to pull over people for traffic violations. Is that executive order still in effect? Would I have a defense using the executive order? Thanks in advance for your help.
Re: Ask a New York Traffic Lawyer
September 20, 2012 06:10PM
Hi Matthew,

Thanks for all your help in this forum. I received a speeding ticket in NYC 13 days ago going 75 in a 50. I understand that this will cause a driver assessment fee and 6 points so I would like to fight the ticket. I also understand that since it's NYC there is no plea-bargaining. I've been trying to plead not guilty online but as of today (13 1/2 days) the ticket is still not loaded into the system. I can send in the plea instead by the 15th day but I wonder if I'm doing my self a disservice by sending it in. If it hasn't loaded after almost 14 days is there a chance that it was not input properly? By sending it in, I almost feel like I'm reminding them. What do you think?

Thanks,

Mark
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 20, 2012 10:05PM
MarkT,

You are dead on. Don't send it in. Rather, keeping checking the TVB website. Most traffic tickets do not "hit" the TVB's online system until 15 to 30 days. Therefore, keep checking and keep your fingers crossed.

Matthew Weiss



MarkT Wrote:
-------------------------------------------------------
> Hi Matthew,
>
> Thanks for all your help in this forum. I
> received a speeding ticket in NYC 13 days ago
> going 75 in a 50. I understand that this will
> cause a driver assessment fee and 6 points so I
> would like to fight the ticket. I also understand
> that since it's NYC there is no plea-bargaining.
> I've been trying to plead not guilty online but as
> of today (13 1/2 days) the ticket is still not
> loaded into the system. I can send in the plea
> instead by the 15th day but I wonder if I'm doing
> my self a disservice by sending it in. If it
> hasn't loaded after almost 14 days is there a
> chance that it was not input properly? By sending
> it in, I almost feel like I'm reminding them.
> What do you think?
>
> Thanks,
>
> Mark
Re: Ask a New York Traffic Lawyer
September 20, 2012 10:58PM
hi.

i have 2 cases.

first one is improper turn ( 2points)
second is obstruction of intersection/crosswalk ( 2points)

i hired this lawyer but he is keep on re-scheduling the hearings.
i even paid $40 each for these 2 cases for bond.
my lawyer says i will get the money back for bond later.

my question is , was I better off by just paid the fines earlier without hiring the lawyer? how much would have been the fines?


please help me find the answer. Thankyou!
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 21, 2012 07:46AM
Sara,

In New York City, there are no deals or plea bargains at the Traffic Violations Bureau. Therefore, delaying your case is often a wise strategy. In regard to whether you'd be "better off" pleading guilty, I cannot answer that question. Pleading not guilty is the only way for you to possibly win. Some motorists will just pay the fine (especially if they don't have a points problem) others prefer to "go down swinging". It's a personal decision.

Matthew Weiss



sara Wrote:
-------------------------------------------------------
> hi.
>
> i have 2 cases.
>
> first one is improper turn ( 2points)
> second is obstruction of intersection/crosswalk (
> 2points)
>
> i hired this lawyer but he is keep on
> re-scheduling the hearings.
> i even paid $40 each for these 2 cases for bond.
> my lawyer says i will get the money back for bond
> later.
>
> my question is , was I better off by just paid the
> fines earlier without hiring the lawyer? how much
> would have been the fines?
>
>
> please help me find the answer. Thankyou!
Re: Ask a New York Traffic Lawyer
September 21, 2012 08:37AM
Thanks Matthew! What about the fact that the ticket states that no response after 15 days will result in a guilty plea and an automatic suspension of your license?
Re: Ask a New York Traffic Lawyer
September 21, 2012 11:57PM
Hi Matthew! Thankyou so much for a quick response!! really appreciate it!
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