Matthew,

Thank you for your prompt reply.

I believe that NJ law also specifically forbids insurance companies from assigning insurance points IF this violation occured in NJ, Since I have an NJ DL I don't know if that same protection will carry over with an NY based conviction. I don't know if you have any insight on that.

Secondly, after reading the ticket again I believe what the officer wrote was " Cell phone to ear while operating veh" In that case would challenging the ticket and providing the following evidence possibly result in a dismissal. I know NYC does not use a conventional traffic court system and things are drastically skewed in favor of the officer / PD. Especially without the ability to plea to a zero point violation.

A) My vehicle is equipped with built in factory bluetooth, therefore all calls are hands free by default,

Providing a call history of my cell phone (if I can get it from my carrier), showing that my phone was not in fact in use at the time of the alleged violation.

Now, I did pick up my phone to look at the screen and plug it into the charging cord, at the most inopportune of moments, but this officer convinced himself that he saw me talking on it, and wrote the summons as such.

Is there any point to trying to fight it?

Thanks again for all the advice.

Take care,

George
Matthew Weiss Wrote:
-------------------------------------------------------
> 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

Hello I received a ticket for making an illegal u-turn in a business district. It was on the corner w42nd st. And 10th ave. Into a parking spot. I tried looking up which part is the business district but had no luck what should I do at this point? Thank you.

George,

New Jersey will not give you any points for a NY cell phone violation. Therefore, your NJ insurance company likewise should not penalize you.

In terms of fighting the ticket, you can certainly try and raise these arguments. There is no downside (the fine and NY points remain the same whether you plead guilty or fight it and lose).

Good luck!

Matthew Weiss



George Wrote:
-------------------------------------------------------
> Matthew,
>
> Thank you for your prompt reply.
>
> I believe that NJ law also specifically forbids
> insurance companies from assigning insurance
> points IF this violation occured in NJ, Since I
> have an NJ DL I don't know if that same protection
> will carry over with an NY based conviction. I
> don't know if you have any insight on that.
>
> Secondly, after reading the ticket again I believe
> what the officer wrote was " Cell phone to ear
> while operating veh" In that case would
> challenging the ticket and providing the following
> evidence possibly result in a dismissal. I know
> NYC does not use a conventional traffic court
> system and things are drastically skewed in favor
> of the officer / PD. Especially without the
> ability to plea to a zero point violation.
>
> A) My vehicle is equipped with built in factory
> bluetooth, therefore all calls are hands free by
> default,
>
> Providing a call history of my cell phone (if I
> can get it from my carrier), showing that my phone
> was not in fact in use at the time of the alleged
> violation.
>
> Now, I did pick up my phone to look at the screen
> and plug it into the charging cord, at the most
> inopportune of moments, but this officer convinced
> himself that he saw me talking on it, and wrote
> the summons as such.
>
> Is there any point to trying to fight it?
>
> Thanks again for all the advice.
>
> Take care,
>
> George
> Matthew Weiss Wrote:
> --------------------------------------------------
> -----
> > 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

Christian,

Under Vehicle and Traffic Law § 105. a "Business district" is defined as "the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings, which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

I hope this helps you better under the charge. Go back to this stretch of roadway and see if it falls within this definition. If not, take some photos for the judge.

Matthew Weiss



Christian Wrote:
-------------------------------------------------------
> Hello I received a ticket for making an illegal
> u-turn in a business district. It was on the
> corner w42nd st. And 10th ave. Into a parking
> spot. I tried looking up which part is the
> business district but had no luck what should I do
> at this point? Thank you.

Pls. clarify - my ticket says in violation of 1225.
Description"avoid traffic control devices via parking lot".
Place of occurrence "I/O N/B Fresh pond rd Metro ."

Yes, I rode my motorcycle through a parking lot, but I did not disobey any traffic lights or signals. How is this a violation? Can't find specific reference to code.

Thank you.

Tom,

Below is the wording of Vehicle and Traffic Law Section 1225 entitled "Avoiding intersection or traffic-control device.:

"No person shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic-control device."

This ticket carries 2 points and roughly a $150 fine.

Matthew Weiss

thanks for the info.

I was issued a ticket as I made a left turn as was in the straight lane going north and instead made a left turn.
This is the most dangerous intersection as it sits under the fdr drive ,cross section , a heliport on the right with a gas station buses enter and exit from both sides.
I saw a bus ahead of me pull over from the right and i could not proceed straight so i requested the driver on the left hand side if he would let me go ahead and he did and if I didnot I would be stuck behind a bus who stopped abruptly and block the traffic intersection.
The officer saw everything and instead gave me a ticket for disobeying signs
and I explained to him and he said to tell it to the judge.
while writing the ticket he made a mistake and ommited the second alphabet of my name.
I have pleased not guilty and taken pictures of the intersection to show how dangerous and complicated the intersection is .I hv a out of state licence.
i did not argue with the police and he didnt even ask me for registration and insurance instead wrote a ticket from my licence and ommited the alphabet.
What are my chances and consequences of losing ?
phil

I received a 4 point speeding ticket and am scheduled to appear in Mt Pleasant Court. I am going to plead not guilty. What is the plea process like in this court? Will I be offered a plea via mail or will I need to attend the court session? Is it normal to be able to plea down to a no point violation in this court? I was courteous to the officer and had no issues during the stop.

In addition to the previous post. Would it b possible to try to arrange a plea by mail when sending in the not guilty plea? Would this be prudent?

Phil,

The minor mistake in your ticket does NOT render it fatally defective. Unlike parking tickets, such minor errors do not void a traffic ticket.

You can fight this traffic ticket. You have nothing to lose as the fine and points are the same whether you plead guilty (or are found guilty after a hearing).

Matthew Weiss



PHIL Wrote:
-------------------------------------------------------
> I was issued a ticket as I made a left turn as was
> in the straight lane going north and instead made
> a left turn.
> This is the most dangerous intersection as it sits
> under the fdr drive ,cross section , a heliport on
> the right with a gas station buses enter and exit
> from both sides.
> I saw a bus ahead of me pull over from the right
> and i could not proceed straight so i requested
> the driver on the left hand side if he would let
> me go ahead and he did and if I didnot I would be
> stuck behind a bus who stopped abruptly and block
> the traffic intersection.
> The officer saw everything and instead gave me a
> ticket for disobeying signs
> and I explained to him and he said to tell it to
> the judge.
> while writing the ticket he made a mistake and
> ommited the second alphabet of my name.
> I have pleased not guilty and taken pictures of
> the intersection to show how dangerous and
> complicated the intersection is .I hv a out of
> state licence.
> i did not argue with the police and he didnt even
> ask me for registration and insurance instead
> wrote a ticket from my licence and ommited the
> alphabet.
> What are my chances and consequences of losing ?
> phil

Chris,

You will have to appear in court to get a plea offer on your NY speeding ticket. On a 4-point speeding ticket, you'll likely be offered a 2-point ticket.

Matthew Weiss



Chris Wrote:
-------------------------------------------------------
> I received a 4 point speeding ticket and am
> scheduled to appear in Mt Pleasant Court. I am
> going to plead not guilty. What is the plea
> process like in this court? Will I be offered a
> plea via mail or will I need to attend the court
> session? Is it normal to be able to plea down to a
> no point violation in this court? I was courteous
> to the officer and had no issues during the stop.