Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 19, 2012 07:18AM
Henry,

You may be able to beat this 6-point speeding ticket. Unlike other discrepancies on a traffic ticket, a place of occurrence mistake can be fatally defective.

Plead not guilty and bring as much proof as you can that the place of occurrence is wrong (maps, photos, etc).

Good luck.

Matthew Weiss


Henry Wrote:
-------------------------------------------------------
> I received a speeding ticket for going 65 on Grand
> Central Parkway & 77 street with a limit of 40, I
> just got on the highway when this happened and I
> didn't see a speed limit sign. I have never had
> any moving violation in the past 10 years.
>
> The address of the occurance on the ticket was
> incorrectly written as "GCP & 77 Road" instead of
> "GCP & 77 street". Do I have a chance to have the
> ticket dismissed? Thanks.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 19, 2012 07:21AM
MattF,

Congratulations! Great result. Thanks for sharing it with us.

If you are feeling magnanimous, kindly go to my Yelp profile and leave a nice review.

Best,

Matthew Weiss



MattF Wrote:
-------------------------------------------------------
> Hello Matthew,
>
> Well as you requested on October 16th I am
> reporting back and boy am I happy. My favorite
> outcome (other than an outright dismissal) has
> happened.
>
> When I met with the Prosecutor, he immediately
> offered me a VTL 1201(a) Parking Violation with 0
> Points, $150 fine and no surcharge. I said "yes"
> instantly. Although I did not commit the offense,
> this was the most cost-effective and sure way to
> go to protect my driving record, and that's what
> was most important to me overall.
>
> The way everything is prepared there, it seems
> that this particular Courtroom in Orange County
> reviews everything in advance and then decides
> whether or not they will make a plea bargain offer
> and what the terms are. I did bring my abstract,my
> 3 Accident Prevention course certificates,
> photographs and a witness. In the end, it all
> stayed in the file folder in my hand, except the
> witness, of course!
>
> In all honesty, I felt the dealings that I
> witnessed in this Courtroom were very fair and
> generous toward the accused. There were other
> people there, who, like me were being charged with
> a 4 point speeding violation - some received the
> same offer I got, some with a Parking by hydrant
> Violation that comes with an $85 surcharge on top
> of the $150. Some did get offered the VTL 1110(a)
> as you had mentioned in your reply to me. Most
> took their offers. A few, very few, rejected
> them.
>
> Once again, I'd like to thank you so very much
> because for me, scrolling down through the over 38
> pages of entries here, I felt much better
> informed, prepared, knowledgeable and realistic
> about the process. If ever there is a time that I
> can recommend your services, believe me, I'll be
> more than happy to.
>
> MattF
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 19, 2012 07:22AM
Michael,

Good news!

You will NOT get points for this NY traffic ticket because it occurred while you were riding a bicycle. Only drivers of vehicles (cars, trucks, etc) who get this type of ticket are given points.

Matthew Weiss



Michael Gold Wrote:
-------------------------------------------------------
> I'm a cyclist being cited for VTL 1127A, as I was
> riding my bicycle in the wrong direction on a
> one-way street in Manhattan. I have no problem
> paying the fine, but will I get points on my
> license even though I was riding my bike?
>
> Mike
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 19, 2012 07:24AM
Eric G,

Yes, you have a chance. Plead not guilty and fight this red light ticket. On your court date, make sure you bring your witness.

Good luck!

Matthew Weiss




Eric G Wrote:
-------------------------------------------------------
> Dear Matthew,
>
> I recently received a ticket for running a steady
> red light. I am certain that I crossed the light
> on yellow. The street lights on bushwick ave are
> close to each other and change very quickly from
> green to yellow and yellow to red. I was caught
> between the lights and the car behind me was
> tailgating so I was unable to break suddenly. I
> have a witness that states that I crossed the
> light when it was yellow not red. Also the officer
> stopped me 5 blocks after the alleged infraction.
> The officer was very rude and didn't even explain
> why he stopped me. Even after giving me the
> ticket. Do I have any chance of winning this case?
> Thanks
>
> Eric
Dereck
Speeding Nassau county
October 19, 2012 09:33AM
Hey. I received a speeding ticket in nassau
county. 71 in a 55. I pled not guilty. What kind
of fine or lea am I lookin at? And how long to
receive a conference date/court date?
Re: Ask a New York Traffic Lawyer
October 19, 2012 12:25PM
Hello, My father received a NYC NYC traffic ticket for violation 1110A. The descriptions/Narrative in the ticket saying "Disobey Traffic Control, stop sign fail to make complete stop e/b Canal Street right shoulder i/o Baxter", it didn't mention at all about the seat belt. However, at the back of ticket, the fine of "seat belt" & "most other violations" were circled. In this case, is the fine for seat belt valid?
Second, My father did stop and had the seat belt on in the whole driving journey. What he can do now?
Third, nowadays the traffic controllers crazily issue traffic tickets, is there any department that we can make complaint if he/show wrongly or over using his power?
There was a funny story from my friend - He had to say "thank you" to the officer for the ticket. Otherwise, he would get more than one ticket if he wasn't polite. Is that make sense?
Matthew Weiss
Re: Speeding Nassau County
October 19, 2012 04:04PM
Dereck,

You should get a conference date in about 45 to 60 days. You should be able to plea this 4-point speeding ticket down to a 2-point non-speeding ticket.

Good luck!

Matthew Weiss


Dereck Wrote:
-------------------------------------------------------
> Hey. I received a speeding ticket in nassau
> county. 71 in a 55. I pled not guilty. What kind
> of fine or lea am I lookin at? And how long to
> receive a conference date/court date?
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 19, 2012 04:07PM
Stella,

This sounds like your father was issued an 1110a ticket (not a seat belt ticket). The circling on the back is irrelevant. What is important is the information filled out on the front of the ticket.

A disobey traffic control device ticket carries 2 points and roughly a $150 fine.

Matthew Weiss



Stella Wrote:
-------------------------------------------------------
> Hello, My father received a NYC NYC traffic ticket
> for violation 1110A. The descriptions/Narrative in
> the ticket saying "Disobey Traffic Control, stop
> sign fail to make complete stop e/b Canal Street
> right shoulder i/o Baxter", it didn't mention at
> all about the seat belt. However, at the back of
> ticket, the fine of "seat belt" & "most other
> violations" were circled. In this case, is the
> fine for seat belt valid?
> Second, My father did stop and had the seat belt
> on in the whole driving journey. What he can do
> now?
> Third, nowadays the traffic controllers crazily
> issue traffic tickets, is there any department
> that we can make complaint if he/show wrongly or
> over using his power?
> There was a funny story from my friend - He had to
> say "thank you" to the officer for the ticket.
> Otherwise, he would get more than one ticket if he
> wasn't polite. Is that make sense?
Dereck
Re: Speeding Nassau county
October 20, 2012 11:23AM
Thank you very much Matthew. I really had no idea what to expect. I feel a lot more comfortable.
I was pulled over by a police officer for not having seat belt for my two kids sitting in the rear of my four door car with clear window. The officer stated that she saw me driving the kids with no seat belt and that I asked the kids to put them on when she approached the car and saw that my kids were wearing their seat belt. I told her they were wearing their seat belt the whole time and that she made a mistake because the kids oare small and it is hard to clearly see thr back seat due to the bright sun light and glare from the window.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 21, 2012 05:07AM
Michael,

A child seat belt ticket carries 3 points and roughly a $200 fine. I therefore recommend that you plead not guilty and fight them. Certainly, you should argue that your children WERE wearing their seat belts.

Good luck.

Matthew Weiss



michael ly Wrote:
-------------------------------------------------------
> I was pulled over by a police officer for not
> having seat belt for my two kids sitting in the
> rear of my four door car with clear window. The
> officer stated that she saw me driving the kids
> with no seat belt and that I asked the kids to put
> them on when she approached the car and saw that
> my kids were wearing their seat belt. I told her
> they were wearing their seat belt the whole time
> and that she made a mistake because the kids oare
> small and it is hard to clearly see thr back seat
> due to the bright sun light and glare from the
> window.
Re: Ask a New York Traffic Lawyer
October 23, 2012 03:26PM
I received a ticket in Manhattan for improper (right) turn (1163a). There was a traffic light with a forward arrow for the center lane and a right arrow for the right (turning) lane. While I was in the center lane and intending to go straight, after I moved into the intersection, traffic in front of me stopped and I would not have been able to clear the intersection. Therefore, I did what I thought was the right thing and used my signal and turned right. I was stopped by an officer on foot who gave me a ticket for an improper turn. Reading the text of 1163a, it seems quite vague and I'm definitely going to plead not guilty but would appreciate your view on my chances. Also, there is a minor error on the ticket as the "owner operator" circle was not filled in but I know that is probably not going to affect things one way or another.
Appreciate your thoughts.
Author:

Your Email:


Subject:


Spam prevention:
Please, solve the mathematical question and enter the answer in the input field below. This is for blocking bots that try to post this form automatically.
Question: how much is 1 plus 15?
Message:

Online Users

Guests: 23