Sara,

My pleasure. Good luck fight your NY traffic ticket.


sara Wrote:
-------------------------------------------------------
> Hi Matthew! Thankyou so much for a quick
> response!! really appreciate it!

MarkT,

You actually have much more time to answer. This information is NOT accurate. Failure to respond results in a letter than states you have additional time to answer and, if you don't answer within that additional time, THEN you will be suspended. The failure to respond letter does not get sent until, at least, 30 days after your court date.

Bottom line, at the 15th day, check the online TVB system and, if your ticket is not in the system, keep check regularly (at least, 2 or 3 times per week) until it "hits".

Matthew Weiss




MarkT Wrote:
-------------------------------------------------------
> 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?

Thank you again! More questions. I just noticed on the ticket that the license plate number is incorrect. Is this enough for an appeal or does he still need the transcript. Also the paper he got from the hearing which was on 9/07/12 says he must pay the fine by 9/21/(which was yesterday). I thought he had 30 to appeal.

Hi,

I received a ticketed by a state trooper for speeding in a work zone (highway, after hours, no workers present) and I have two questions:

First, where can I find the exact boundaries of a town's jurisdiction? The trooper wrote up the ticket in a town whose court is very strict, but I believe the incident actually took place in a town whose court is less strict. I have video showing exactly where the trooper was parked, so I would like to try to have the case moved to a different court. Can I move to have the case re-filed in a different court?

Second, does the signage of a work zone matter? I got on the highway and was accelerating up the ramp. The trooper clocked me on a bridge. There were speed limit/'work zone' signs at the end of the on-ramp but no "fines are doubled in work zones" signs.

Valerie,

A mistake in the license number does not render the traffic ticket fatally defective. Unlike a parking ticket, minor mistakes such as this one are unhelpful.

You do have 30 days to appeal but the fine is due in 14 days. You should therefore, pay it immediately.

Matthew Weiss



Valerie Wrote:
-------------------------------------------------------
> Thank you again! More questions. I just noticed on
> the ticket that the license plate number is
> incorrect. Is this enough for an appeal or does he
> still need the transcript. Also the paper he got
> from the hearing which was on 9/07/12 says he must
> pay the fine by 9/21/(which was yesterday). I
> thought he had 30 to appeal.

John Galt,

Try Google Maps or Map Quest for the town's boundaries. If it was issued outside the court's jurisdiction, then you can make a motion to try and get it moved.

You do not need the "fines are doubled in work zones" signs in order for your to be found guilty of speeding in a work zone. To learn about what constitutes a "Work area", read my article entitled "Speeding In A Work Area Speed Zone".

Matthew Weiss




John Galt Wrote:
-------------------------------------------------------
> Hi,
>
> I received a ticketed by a state trooper for
> speeding in a work zone (highway, after hours, no
> workers present) and I have two questions:
>
> First, where can I find the exact boundaries of a
> town's jurisdiction? The trooper wrote up the
> ticket in a town whose court is very strict, but I
> believe the incident actually took place in a town
> whose court is less strict. I have video showing
> exactly where the trooper was parked, so I would
> like to try to have the case moved to a different
> court. Can I move to have the case re-filed in a
> different court?
>
> Second, does the signage of a work zone matter? I
> got on the highway and was accelerating up the
> ramp. The trooper clocked me on a bridge. There
> were speed limit/'work zone' signs at the end of
> the on-ramp but no "fines are doubled in work
> zones" signs.

Hello,

I was just pulled over in Harrison, NY for speeding and received a ticket (57 in a 40mph zone). I have NJ plates, thus the officer noted that I will not receive points. I am worried about the insurance company, and the fine. Will the insurance company catch wind of this and affect my rates? And do you recommend that I plea not guilty to receive a lesser charge and a lesser fine? Appreciate your thoughts.

Sincerely,
Jason

Jason Lee,

A NY conviction for speeding 57/40 will transfer onto your NJ license as 2 points. It can also affect your insurance rates. Therefore, I recommend that your fight this ticket returnable at the Harrison Town Court. Plead not guilty. If you do, you (or your NY traffic lawyer) likely can negotiate this down to a less serious charge.

Matthew Weiss


jason lee Wrote:
-------------------------------------------------------
> Hello,
>
> I was just pulled over in Harrison, NY for
> speeding and received a ticket (57 in a 40mph
> zone). I have NJ plates, thus the officer noted
> that I will not receive points. I am worried
> about the insurance company, and the fine. Will
> the insurance company catch wind of this and
> affect my rates? And do you recommend that I plea
> not guilty to receive a lesser charge and a lesser
> fine? Appreciate your thoughts.
>
> Sincerely,
> Jason

Hi Matthew,

Great advice. I would like to follow your suggestion to plea not guilty and try to negotiate to a lesser charge. However, I will be moving to Colorado in the middle of October. Is there any way I can expedite my case to take place before I leave? Or negotiate to a lesser charge in absentia without hiring a lawyer?

Thank you,
Jason

Greetings,

I am an NJ resident with an NJ Dl. Zero points, and have not had a traffic ticket since 1999. I travel to long island fairly frequently to visit family. While stuck in stopped traffic in the left lane of the upper level of the Verazzano bridge heading towards brooklyn, I picked up my cell phone which was in the cupholder, and see if I had missed anything during the drive and plug it into the charging cord.

Suddenly a TBTA Sgt pulled up next to me, instructed me to pull over and made me get off at the 92nd street exit. He proceeded to approach my vehicle, asked me why I was speaking on my cell phone. I explained that I wasn't I was plugging it in, and that my car has bluetooth built in so all calls are hands free. He's like oh you wasn't? I was like want me to make a call and show you, he aggravatedly Asked for my license and registration and went back to his vehicle. He came back with a ticket for VTL 1225cA "Cell phone FN EML while operating VEH" as best I can decipher his penmanship.

He handed me back my registration, license and the ticket and said you are free to go.

Now here is my question. Will these points transfer to my NJ DL. I know NY asseses points for a cell phone ticket, however NJ does not, and I believe cell phone tickets are specifically also exempt from insurance points in NJ. The fine seems to be $130 as per the pre printed fee schedule on the ticket. I am willing to pay that and write it off as collateral damage of traveling through NYC, however I am extremely concerned about the potential for points, because although this was in my personal vehicle, I also own a used car dealership in NJ, and have commercial dealer insurance, which would be affected by points on my DL for this violation that should have never been issued.

Please advise.

Thanks,

George

Jason,

The scheduling of your case is solely up to the court. Try contacting them to ask for an expedited date. Most courts require someone to appear (the motorist or his traffic lawyer) but you can certainly ask whether this court has some other procedure.

Good lucK!

Matthew Weiss



Jason Wrote:
-------------------------------------------------------
> Hi Matthew,
>
> Great advice. I would like to follow your
> suggestion to plea not guilty and try to negotiate
> to a lesser charge. However, I will be moving to
> Colorado in the middle of October. Is there any
> way I can expedite my case to take place before I
> leave? Or negotiate to a lesser charge in absentia
> without hiring a lawyer?
>
> Thank you,
> Jason

George,

Because NJ does not assign points to this particular violation, a NY electronic device conviction to this charge Will not result in points transferring onto your NJ license. It will be reported to NJ, however, and therefore can be used by your auto insurance carrier in determining your rates.

Matthew Weiss


George Wrote:
-------------------------------------------------------
> Greetings,
>
> I am an NJ resident with an NJ Dl. Zero points,
> and have not had a traffic ticket since 1999. I
> travel to long island fairly frequently to visit
> family. While stuck in stopped traffic in the left
> lane of the upper level of the Verazzano bridge
> heading towards brooklyn, I picked up my cell
> phone which was in the cupholder, and see if I had
> missed anything during the drive and plug it into
> the charging cord.
>
> Suddenly a TBTA Sgt pulled up next to me,
> instructed me to pull over and made me get off at
> the 92nd street exit. He proceeded to approach my
> vehicle, asked me why I was speaking on my cell
> phone. I explained that I wasn't I was plugging it
> in, and that my car has bluetooth built in so all
> calls are hands free. He's like oh you wasn't? I
> was like want me to make a call and show you, he
> aggravatedly Asked for my license and registration
> and went back to his vehicle. He came back with a
> ticket for VTL 1225cA "Cell phone FN EML while
> operating VEH" as best I can decipher his
> penmanship.
>
> He handed me back my registration, license and the
> ticket and said you are free to go.
>
> Now here is my question. Will these points
> transfer to my NJ DL. I know NY asseses points for
> a cell phone ticket, however NJ does not, and I
> believe cell phone tickets are specifically also
> exempt from insurance points in NJ. The fine seems
> to be $130 as per the pre printed fee schedule on
> the ticket. I am willing to pay that and write it
> off as collateral damage of traveling through NYC,
> however I am extremely concerned about the
> potential for points, because although this was in
> my personal vehicle, I also own a used car
> dealership in NJ, and have commercial dealer
> insurance, which would be affected by points on my
> DL for this violation that should have never been
> issued.
>
> Please advise.
>
> Thanks,
>
> George