Hi,

My wife recently had a trial to contest a moving violation. It is my understanding that if a ticket is written incorrectly, the judge should dismiss it. At my wife's trial, the judge noticed that the officer had entered the "wrong" violation. They changed it there on the spot, apparantly to refute my wife's arguments. They changed it from entering the crosswalk to failure to stop at a stop sign. Unfortunately, after they did this, they had my wife sign something. She is not a native English speaker and did not understand what exactly was going on.

We would like to appeal this decision. While we can easily dissprove the statements of the officer (it is simply impossible to see what he said he saw from the position of his car at the time), I believe we cannot appeal on factual matters. If that is so, can we appeal based on the fact that the judge and officer changed the charge on the ticket during the trial, or are we out of luck since my wife signed something at this time?

Many Thanks,
Daniel

Hello:
Today, I was in a left turn only lane and was the second car in line. When the green arrow came on we I followed the first car thru the intersection, making the left. I did not have my left turn signal on and I got pulled over immediately and given a ticket.
It seems like the guy was just looking for people to ticket to raise $$ for the town but what is the rule on that? If I'm turning left in a designated lane isn't that a signal in itself? I don't have to signal when I'm going straight so why signal when I'm the only one who can turn at that time?

I received (2) tickets today, (1) for speeding (67 in a 45) and one for failure to signal. Both occurred on the BQE in Brooklyn. First, I don't think I was traveling at that rate of speed and second, I don't believe I changed lanes without signaling. The tickets are returnable in the TVB hearing office. I have a clean driving record. Any advice would be helpful. Thank You.

Daniel,

You can definitely appeal. It only costs $10 plus the transcript fee.

I would argue "unfair surprise" given the circumstances that you describe.

Good luck.

Matthew Weiss


Daniel Wrote:
-------------------------------------------------------
> Hi,
>
> My wife recently had a trial to contest a moving
> violation. It is my understanding that if a ticket
> is written incorrectly, the judge should dismiss
> it. At my wife's trial, the judge noticed that the
> officer had entered the "wrong" violation. They
> changed it there on the spot, apparantly to refute
> my wife's arguments. They changed it from entering
> the crosswalk to failure to stop at a stop sign.
> Unfortunately, after they did this, they had my
> wife sign something. She is not a native English
> speaker and did not understand what exactly was
> going on.
>
> We would like to appeal this decision. While we
> can easily dissprove the statements of the officer
> (it is simply impossible to see what he said he
> saw from the position of his car at the time), I
> believe we cannot appeal on factual matters. If
> that is so, can we appeal based on the fact that
> the judge and officer changed the charge on the
> ticket during the trial, or are we out of luck
> since my wife signed something at this time?
>
> Many Thanks,
> Daniel

Stan,

Technically, it is illegal to turn without displaying a turn signal. THerefore, this traffic ticket was properly issued. While we do not see this violation written up that often, it is not a rarity either.

Matthew Weiss





Stan Wrote:
-------------------------------------------------------
> Hello:
> Today, I was in a left turn only lane and was the
> second car in line. When the green arrow came on
> we I followed the first car thru the intersection,
> making the left. I did not have my left turn
> signal on and I got pulled over immediately and
> given a ticket.
> It seems like the guy was just looking for people
> to ticket to raise $$ for the town but what is the
> rule on that? If I'm turning left in a designated
> lane isn't that a signal in itself? I don't have
> to signal when I'm going straight so why signal
> when I'm the only one who can turn at that time?

Rob,

The two tickets total 8 points. Because you can be suspended at 11, I recommend that you plead not guilty and fight these them. It is hard to win in this court but here is an article entitled "Fighting A Traffic Ticket At The Traffic Violations Bureau" which may help you.

Good luck!

Matthew Weiss


Rob Wrote:
-------------------------------------------------------
> I received (2) tickets today, (1) for speeding (67
> in a 45) and one for failure to signal. Both
> occurred on the BQE in Brooklyn. First, I don't
> think I was traveling at that rate of speed and
> second, I don't believe I changed lanes without
> signaling. The tickets are returnable in the TVB
> hearing office. I have a clean driving record.
> Any advice would be helpful. Thank You.

Do you work in Lafaytte city court? If not, can you refer to a lawyer who does.


Matthew Weiss Wrote:
-------------------------------------------------------
> 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.

Tony,

Yes, we cover traffic tickets returnable at Lafayette Court. Call us to discuss your case.

Matthew Weiss



Tony Wrote:
-------------------------------------------------------
> Do you work in Lafaytte city court? If not, can
> you refer to a lawyer who does.
>
>
> Matthew Weiss Wrote:
> --------------------------------------------------
> -----
> > 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.

Hi,

My truck received 6 summons today. what is the procedure for these tickets and what are the consequences.

Hasan,

If the tickets were issued to a corporation and they are pink-colored, then you'll have to retain a NY traffic lawyer to help. These tickets may not be handle by a non-lawer (even if he or she is an employee or owner). You can view my NY truck ticket page on my website for more helpful information.

Matthew Weiss



HASSAN Wrote:
-------------------------------------------------------
> Hi,
>
> My truck received 6 summons today. what is the
> procedure for these tickets and what are the
> consequences.

I received a speeding ticket on the Thruway. I've already went to the pre-trial but didn't like the plea bargain that was offered. It was initially a 6pt to be reduced to 4 ponts. I thought I should have gotten a better deal due to a clean driving record. They now have set a court date. My question is would a traffic lawyer be of help at this time or is too late? Would they still be able to plea bargain and get a better deal that was initially offered? Thanks in advance for your help.

George,

A NY traffic lawyer can certainly try to get you a better plea. At the worst, the court will likely re-offer the 4-point offer. Further, with a traffic lawyer, yo have a professional who can also take the case to trial if you so decide.

Good luck.

Matthew Weiss




George Wrote:
-------------------------------------------------------
> I received a speeding ticket on the Thruway. I've
> already went to the pre-trial but didn't like the
> plea bargain that was offered. It was initially a
> 6pt to be reduced to 4 ponts. I thought I should
> have gotten a better deal due to a clean driving
> record. They now have set a court date. My
> question is would a traffic lawyer be of help at
> this time or is too late? Would they still be able
> to plea bargain and get a better deal that was
> initially offered? Thanks in advance for your
> help.