Ask a New York Traffic Lawyer

Posted by askanewyorker 
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 23, 2012 07:38PM
NYCMOM,

It sounds like you did, in fact, violated VTL 1163 as you made a right turn from the center lane. You're right about the error. This minor defect will not help.

You can still fight it but you won't win arguing "I had no choice". The judge will reason that you shouldn't have entered the intersection when there was insufficient room for you to clear the intersection.

Fortunately, this ticket carries only 2 points.

Matthew Weiss


nycmom Wrote:
-------------------------------------------------------
> 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.
Sue
Re: Ask a New York Traffic Lawyer
October 25, 2012 01:31PM
Hi Matthew,
I previously wrote to you regarding a ticket I received in Brooklyn for operating a car while using a cellphone under 1225c2a (I was listening to the audio GPS directions, not talking or texting, but that's another matter).
I was preparing to register on line for my court date when I noticed that the ticket improperly records my car's registration as being in CT, even though it is registered in NY and has a NY plate. I have a CT driver's license, which was recorded properly (probably why the office made the mistake on the plate). So I have 2 questions: First, is this a basis for having the ticket dismissed? And second, if not, what happens if I ignore the ticket? I co-own the car, which is registered in NY and I am listed on the insurance. Is there any way for NYS to connect the dots? Will the points go to my CT license if I don't respond? Will the insurance company find out? Sort of a weird situation, but I'm trying to decide what to do.
Thanks -- I really appreciate your help!
Sue
Re: Ask a New York Traffic Lawyer
October 25, 2012 02:20PM
Hi:

I received a ticket in June for turning left onto Jamaica Avenue when the sign said no left turn. I am from Georgia and just recently moved here in April. I did not see the sign and my tags are still Georgia Tags. I pled not guilty and I am to appear in court tomorrow 10/26/12.

How much of a fine will I have to pay for making a left turn? I'm asking because I just found a job and starting working and all my bills are behind. I'm afraid I won't have enough money when I go to court tomorrow to pay the fine.

Thanks for any information you may have.
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 26, 2012 04:44PM
Sue,

This error does not render your cell phone ticket fatally defective.

Further, if you ignore the ticket, New York will suspend your privilege to drive in New York and CT will (eventually) honor that suspension in CT.

I therefore recommend that you pay or fight this traffic ticket. Do NOT ignore it.

Matthew Weiss



Sue Wrote:
-------------------------------------------------------
> Hi Matthew,
> I previously wrote to you regarding a ticket I
> received in Brooklyn for operating a car while
> using a cellphone under 1225c2a (I was listening
> to the audio GPS directions, not talking or
> texting, but that's another matter).
> I was preparing to register on line for my court
> date when I noticed that the ticket improperly
> records my car's registration as being in CT, even
> though it is registered in NY and has a NY plate.
> I have a CT driver's license, which was recorded
> properly (probably why the office made the mistake
> on the plate). So I have 2 questions: First, is
> this a basis for having the ticket dismissed? And
> second, if not, what happens if I ignore the
> ticket? I co-own the car, which is registered in
> NY and I am listed on the insurance. Is there any
> way for NYS to connect the dots? Will the points
> go to my CT license if I don't respond? Will the
> insurance company find out? Sort of a weird
> situation, but I'm trying to decide what to do.
> Thanks -- I really appreciate your help!
> Sue
Matthew Weiss
Re: Ask a New York Traffic Lawyer
October 26, 2012 04:46PM
Karnita,

The fine for a NYC disobey traffic control device ticket is around $150.

Matthew Weiss



Karnita Wrote:
-------------------------------------------------------
> Hi:
>
> I received a ticket in June for turning left onto
> Jamaica Avenue when the sign said no left turn. I
> am from Georgia and just recently moved here in
> April. I did not see the sign and my tags are
> still Georgia Tags. I pled not guilty and I am to
> appear in court tomorrow 10/26/12.
>
> How much of a fine will I have to pay for making a
> left turn? I'm asking because I just found a job
> and starting working and all my bills are behind.
> I'm afraid I won't have enough money when I go to
> court tomorrow to pay the fine.
>
> Thanks for any information you may have.
Hi NYC,
I got a ticket or a warning, not sure, last week for turning on St.Nicholas ave onto 181 st and there was a sign stating no turns. I went online to www.dmv.ny.gov/eplead.htm to respond before 15 days but traffic ticket is not found it says.Bottom of ticket says motorist copy- traffic violations bureau it is on yellow paper. Ticket number starts with AAT . on violation of :1110 A it says.Disobey traffic control device. what should i do? could this be a warning?
Jonathan R,

You were issued a two point ticket for disobeying a traffic control device. Your traffic ticket has not yet "hit" the online system. Keep checking. It should be entered in the system within 30 days (and don't worry about the 15-day "deadline" as you actually have much more time than that).

Matthew Weiss



Jonathan R. Wrote:
-------------------------------------------------------
> Hi NYC,
> I got a ticket or a warning, not sure, last
> week for turning on St.Nicholas ave onto 181 st
> and there was a sign stating no turns. I went
> online to www.dmv.ny.gov/eplead.htm to respond
> before 15 days but traffic ticket is not found it
> says.Bottom of ticket says motorist copy- traffic
> violations bureau it is on yellow paper. Ticket
> number starts with AAT . on violation of :1110 A
> it says.Disobey traffic control device. what
> should i do? could this be a warning?
Jonathan R.
Re: Ask a New York Traffic Lawyer
November 01, 2012 07:31PM
HI Mr. Weiss, thanks for your quick response. greatly appreciated. So the ticket i got is 2 points and $130.00 ? thanks again.....
Jonathan R,

Yes, this is a two point traffic ticket with roughly a $130 fine.

Matthew Weiss
Re: License not on me
November 02, 2012 08:48AM
Hey Matthew,

I stumbled upon your site and see your full of great information.
I live in FL and have a FL license. On 10/5 I was pulled over in NY for making a right turn (on a green) by school. Turns out there was a small sign on the light that said no turns from 3-5pm (it was 3:45).
I tried to explain to the officer that I am not from NY and wasn't aware and didnt see any sign, but it didnt help. In addition I did not have my FL License on me at that current moment.
He came back and gave me two tickets, 1 for the turn and 1 for failing to produce the drivers license.
I paid the first one, however I would like to know if there is anywhere I can send a copy of my FL license in order to have this second ticket of $130 waived as I was a licensed driver at the time but didn't have it physically on me.
In addition the office told me I would not receive points on either of these tickets being that I have an out of state license. Is that accurate?
Thanks in advance for you help here...
Re: Ask a New York Traffic Lawyer
November 02, 2012 04:29PM
Hello,

I was traveling on I-90 west and an officer was ahead of me in the left lane. I believe I was traveling between 70-72 mph. He pulled off to the side and after I passed he put on his lights, pulled back on, and pulled be over. He said when he turned on his radar I was traveling 80 mph and "rapidly slowing down the hill." He gave me a ticket for "failure to obey posted traffic control device." The ticket included a supporting deposition which simply restated the offense, no new information or details included other than it said that the charge was based on the officer's "direct observation."
I received a different speeding ticket in NY 17 months ago and therefore I have 4 pt from that ticket.

Knowing all of this information, I have a couple of questions:

1. Should I try and fight this ticket to avoid the driver responsibility surcharge?
2. Do officers write a more detailed report? (the deposition I was given stated that it was a General (Gen 101A) deposition, not a Speeding (Gen 101) deposition)
if so, would speeding likely be included in the more detailed report?
3. Is it possible to get a copy of the report before pleading? I have tried calling the Florida Town Courthouse a number of times but I have never been able to talk to anyone there. Therefore, I believe I will have to request a more detailed report with my plea...

Thank you very much for your time!

Ally
Re: Disobeyed Traffic Control Device
November 02, 2012 11:51PM
Hi

I received a ticket for Disobeying Traffic Control device. I was trying to merge onto a on ramp but when merging to my left, a car sped up and did not let me enter. I was forced out and onto pavement line markings that are illegal to drive on. There was a cop hiding behind the brush and pulled me over and issued me the ticket. If I go to court and use this defense, will it likely be dismissed?
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