Ask a New York Traffic Lawyer

Posted by askanewyorker 
Re: Ask a New York Traffic Lawyer
September 28, 2012 09:08AM
Hi,

I recently got a ticket in the state of Florida for going 92 in a 55. I have a NY state drivers licence. If I take a 4 hour online course through Florida it says points will not be recorded on your license, however it says before signing up for traffic school to verify that the withholding of points will be honored in your state. The cop did clock me at 92, should I plead guilty or not guilty in this matter?

Thanks,
Bri
Matthew Weiss
Re: Ask a New York Traffic Lawyer
September 29, 2012 08:56PM
Bri Blum,

I cannot answer this question. You should contact a Florida license about fighting this speeding ticket.

Matthew Weiss


bri blum Wrote:
-------------------------------------------------------
> Hi,
>
> I recently got a ticket in the state of Florida
> for going 92 in a 55. I have a NY state drivers
> licence. If I take a 4 hour online course through
> Florida it says points will not be recorded on
> your license, however it says before signing up
> for traffic school to verify that the withholding
> of points will be honored in your state. The cop
> did clock me at 92, should I plead guilty or not
> guilty in this matter?
>
> Thanks,
> Bri
Re: Ask a New York Traffic Lawyer
September 30, 2012 12:16PM
hi i got a ticket in brooklyn for speeding the officer told me that before pulling out any device i was doing 53mph after i made a right turn at the stop sign and sped up to 53 then said i slowed down to bout 43mph since i saw the red light and was coming to a stop thats when he pulled me over i said how can my work truck go from 0-53 mph in 10 seconds i was driving my work vehicle which is a ford transit very small trucks but i didnt argue much just asked the officer to please give me a warning but since it was august 31 i knew it wasnt gonna happen but he come back to me and said "i already explained why i stopped you" i said yes then he pointed at the bottom of the ticket and said "when i go to court and tell the judge what he got to say" he said to for me to tell the judge that after inspecting the ticket that i noticed that the box that says RADAR OPERATOR NAME was not filled in then he said have a good day and drive carefully can this be grounds for a dismissal? thank you
Re: Ask a New York Traffic Lawyer
September 30, 2012 06:30PM
I have had 4 DWI's convictions since 1999
One was in my own driveway.

After 2.5 years of taking classes, getting the psych papers, permission from the judge and permission from the department of probation I find out that all relicensing has been placed on stop block. They may never give me a license again and if they do it will be five years after my initial revocation 4/2010. The probation department purposely delayed me so I would fall into these election year feelgood laws. I have been eligable to get my license back for 1.5 years. Probation acted like they were not sure of the process and would have another thing for me to get and it took over a year.

They have equipment that will stop my vehicle from starting if I drink.
This is one crime that can be prevented with technology.

I made several mistakes and I have grown up. They are now making sure that the rest of my life is ruined. I can't even imagine why my wife would continue to stay married to a man that can't drive himself to work. We share a bedroom with our 8 year old and have been waiting for years to get my license back so I can afford to move.

They still took the $750. "Drivers Responsibility fee" from me. If they don't know if they intend to relicense isn't that fraud?

Is there anyway I can fight for my ability to drive?
Am I going to have to move to another state?

I am a carpenter and %30 of my pay now goes to paying someone to bring me to and from work. My wife is stuck with %90 of our family responsibilities. She is basically a single mom with a dude to hang on the couch with.
Jon
Re: Ask a New York Traffic Lawyer
September 30, 2012 10:32PM
Hi, I am a NY state resident living upstate. Before driving through an intersection, I came to a stop sign and slowed down too roll past it. As I continue I see a cop in the other lane turn around to come back and pull me over. He was polite enough and explained the situation saying I slowed down but didnt come to a complete stop. He says it happens at that intersection all the time, so they put up stop signs and a red blinking light. Before he wrote me up he told me he didn't think the ticket would get me points on my license because this is the first time I've ever been pulled over. He ended up writing me for a 1172A Failed to stop at Stop sign, and a 1113a Passed Flashing Red Light. I'm just wondering what you think I should do in this situation. Do I plead guilty to them? He said if I plead guilty I'd be charged and probably get points so if I have the time I should go to the court date. So do I not plead anything til I go to the courthouse?

Also, with that intersection having a flashing red light and a stop sign, is it fair to write me up for both tickets? When driving through you don't stop once for the sign and once for the light, so why can I be charged for not coming to a complete stop before one. I hope you can help me and really appreciate that you're still doing this. When I got to the site it said it was from 2007 and I got worried hah
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 01, 2012 06:46AM
Jose,

The omission in the "radar operator's name" box is likely not enough for a dismissal.

There may be other ways to beat this ticket, however.

Check out my article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau". It will help you understand how things work at the Traffic Violations Bureau.

Matthew Weiss


jose Wrote:
-------------------------------------------------------
> hi i got a ticket in brooklyn for speeding the
> officer told me that before pulling out any device
> i was doing 53mph after i made a right turn at the
> stop sign and sped up to 53 then said i slowed
> down to bout 43mph since i saw the red light and
> was coming to a stop thats when he pulled me over
> i said how can my work truck go from 0-53 mph in
> 10 seconds i was driving my work vehicle which is
> a ford transit very small trucks but i didnt argue
> much just asked the officer to please give me a
> warning but since it was august 31 i knew it wasnt
> gonna happen but he come back to me and said "i
> already explained why i stopped you" i said yes
> then he pointed at the bottom of the ticket and
> said "when i go to court and tell the judge what
> he got to say" he said to for me to tell the judge
> that after inspecting the ticket that i noticed
> that the box that says RADAR OPERATOR NAME was not
> filled in then he said have a good day and drive
> carefully can this be grounds for a dismissal?
> thank you
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 01, 2012 06:51AM
PakkiJD,

I am sorry that you are going through such a difficult time. With 4 DWIs, it doesn't surprise me.

Unfortunately, DMV sets the rules for those who are revoked. You could ask to speak to a supervisor at a DMV office. Perhaps, you'll get a better explanation.

Good luck.

MattheW Weiss


PakkiJD Wrote:
-------------------------------------------------------
> I have had 4 DWI's convictions since 1999
> One was in my own driveway.
>
> After 2.5 years of taking classes, getting the
> psych papers, permission from the judge and
> permission from the department of probation I find
> out that all relicensing has been placed on stop
> block. They may never give me a license again and
> if they do it will be five years after my initial
> revocation 4/2010. The probation department
> purposely delayed me so I would fall into these
> election year feelgood laws. I have been eligable
> to get my license back for 1.5 years. Probation
> acted like they were not sure of the process and
> would have another thing for me to get and it took
> over a year.
>
> They have equipment that will stop my vehicle from
> starting if I drink.
> This is one crime that can be prevented with
> technology.
>
> I made several mistakes and I have grown up. They
> are now making sure that the rest of my life is
> ruined. I can't even imagine why my wife would
> continue to stay married to a man that can't drive
> himself to work. We share a bedroom with our 8
> year old and have been waiting for years to get my
> license back so I can afford to move.
>
> They still took the $750. "Drivers Responsibility
> fee" from me. If they don't know if they intend to
> relicense isn't that fraud?
>
> Is there anyway I can fight for my ability to
> drive?
> Am I going to have to move to another state?
>
> I am a carpenter and %30 of my pay now goes to
> paying someone to bring me to and from work. My
> wife is stuck with %90 of our family
> responsibilities. She is basically a single mom
> with a dude to hang on the couch with.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 01, 2012 06:54AM
Jon,

The stop sign ticket carries 3 points and the disobey flashing red light also carries 3 points.

These tickets issued for the same maneuver at the same intersection are duplicative. You should therefore plead not guilty and fight them. If you do, you likely can save points and money (including the $300 Driver Assessment Fee).

Matthew Weiss




Jon Wrote:
-------------------------------------------------------
> Hi, I am a NY state resident living upstate.
> Before driving through an intersection, I came to
> a stop sign and slowed down too roll past it. As
> I continue I see a cop in the other lane turn
> around to come back and pull me over. He was
> polite enough and explained the situation saying I
> slowed down but didnt come to a complete stop. He
> says it happens at that intersection all the time,
> so they put up stop signs and a red blinking
> light. Before he wrote me up he told me he didn't
> think the ticket would get me points on my license
> because this is the first time I've ever been
> pulled over. He ended up writing me for a 1172A
> Failed to stop at Stop sign, and a 1113a Passed
> Flashing Red Light. I'm just wondering what you
> think I should do in this situation. Do I plead
> guilty to them? He said if I plead guilty I'd be
> charged and probably get points so if I have the
> time I should go to the court date. So do I not
> plead anything til I go to the courthouse?
>
> Also, with that intersection having a flashing red
> light and a stop sign, is it fair to write me up
> for both tickets? When driving through you don't
> stop once for the sign and once for the light, so
> why can I be charged for not coming to a complete
> stop before one. I hope you can help me and
> really appreciate that you're still doing this.
> When I got to the site it said it was from 2007
> and I got worried hah
rob
Re: Ask a New York Traffic Lawyer
October 02, 2012 08:59PM
i got a disobeyed traffic control device ticket by a nys trooper the other day. he said i was speeding, and if i had gotten that ticket, it would be 4 points, vs the 2 points for the ticket i got. my license is 100% clean with no points, should i fight this or just pay the fine and take the points. its a 5 hr drive for me upstate, something tells me pleading guilty and taking a defensive driving course is just easier..
tom
Re: Ask a New York Traffic Lawyer
October 02, 2012 09:21PM
Matthew,

I wrote you previously about a ticket for violation of code 1225 which I received when I rode my motorcycle through a parking lot in Queens. I've seen it done by others and I did not know it was a violation.

Since the ticket carries points, is it possible to have them dropped, and pay the fine? I'm 21 with an otherwise clean record.

It was suggested that I plead Not Guity and request a hearing.

But I'm concerned by what it says on the back of the ticket - "Fines could be higher if you plead NOT GUILTY and are found Guilty at hearing or when appearing before a judge even to plead guilty. The total amount includes the fine and all applicable surcharges and CANNOT be reduced."

Please advise, what is my best course of action?

Thanks again.

What
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 03, 2012 04:36AM
Rob,

A disobey traffic control device ticket carries 2 points and roughly a $150 fine. It is much better than a 4-point speeding ticket as it will not affect your insurance for someone like you who has an otherwise clean record (and of course carries less points).

Further, because the officer gave you a break already (aka called a "roadside plea"), it is unlikely that the court will give you a further break.

With that said, you need to decide whether to fight this ticket or pay it. I hope this information helps you make your decision.

MattheW Weiss





rob Wrote:
-------------------------------------------------------
> i got a disobeyed traffic control device ticket by
> a nys trooper the other day. he said i was
> speeding, and if i had gotten that ticket, it
> would be 4 points, vs the 2 points for the ticket
> i got. my license is 100% clean with no points,
> should i fight this or just pay the fine and take
> the points. its a 5 hr drive for me upstate,
> something tells me pleading guilty and taking a
> defensive driving course is just easier..
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 03, 2012 04:42AM
Tom,

In New York City, they do not plea bargain traffic ticket. If you plead not guilty, you will either be found guilty or not guilty, nothing in between.

If you fight it, it is not likely that the fine will be more than the guilty fee fines (despite the language you quote from the ticket).

BTW, a conviction to this ticket will not adversely affect your insurance or license (assuming you have no accidents or other tickets on your record, and assuming you don't get any others within the next 36 months).

Matthew Weiss





tom Wrote:
-------------------------------------------------------
> Matthew,
>
> I wrote you previously about a ticket for
> violation of code 1225 which I received when I
> rode my motorcycle through a parking lot in
> Queens. I've seen it done by others and I did not
> know it was a violation.
>
> Since the ticket carries points, is it possible to
> have them dropped, and pay the fine? I'm 21 with
> an otherwise clean record.
>
> It was suggested that I plead Not Guity and
> request a hearing.
>
> But I'm concerned by what it says on the back of
> the ticket - "Fines could be higher if you plead
> NOT GUILTY and are found Guilty at hearing or when
> appearing before a judge even to plead guilty.
> The total amount includes the fine and all
> applicable surcharges and CANNOT be reduced."
>
> Please advise, what is my best course of action?
>
> Thanks again.
>
> What
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