Sam B,

Thanks for your kind praise. Points from a NY traffic ticket will transfer onto your Florida license. Therefore, the officer can you wrong information.

If you present proof of having a license, then the un-licensed ticket should be dismissed. You likely, however, cannot do this by mail.

Matthew Weiss



Sam B Wrote:
-------------------------------------------------------
> 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...

Ally H,

Answers follow each of your questions:


> 1. Should I try and fight this ticket to avoid the
> driver responsibility surcharge? Yes, you likely can avoid this fee through a plea bargain.

> 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? This is what is required by NY law. The officer may have further notes, however.

> 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. You can seek discovery by making a formal demand for the items that you would like. This won't help you get a favorable plea bargain (and, in fact, could hurt you).

I hope these answers help you fight your speeding ticket.

Good luck!

Matthew Weiss



Ally H Wrote:
-------------------------------------------------------
> 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

Gian,

If the judge believes your story, then you may be able to beat this ticket. Your chances are enhanced if the police officer's testimony matches your description.

Matthew Weiss



Gian Wrote:
-------------------------------------------------------
> 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?

Hi,

I got a ticket in Middleburgh NY yesterday for going 61 in a 30 mph zone. This is an area where the speed limit quickly drops to thirty after Rt 145 and I was downshifting to slow down. How much could the fine for this ticket be?

Also, I was thinking of pleading not guilty to try an get a plea bargain (even if they dropped the speed to 60, this would lower the points on my license). How can I get a plea bargain? Will it come through the mail or will I have to meet with a prosecutor? Will they even offer me a plea?

I don't have the money to hire a lawyer, and I know that it is very unlikely for me to get this ticket dropped, what is my best option?

10/19/12 got a Truck off route ticket in Brooklyn,even though there were no posted signs prohibiting truck traffic on west bound hamilton parkway in Brooklyn NY,the Cop said they dont need to put signs. Then On 11/01/12 . 33 east heightstown NJ, I was making a Legal U turn ,there was a power outage,so no street lights the traffic lights were out ,the place was very dark,also they blocked the entrance to opposite side of the highway in the middle with cones,there were no DETOUR signs ,caused me to go up the wrong side of the roadway,thinking I had completed my u turn,when I realised it, I tried to go over the mediun to the correct side and got stuck in the mud in the middle. Cop gave me a careless driving and crossing a two way highway.Well I realy did not succeed in doing so because I got stuck in the mud in the mediun. How can you help? what happens if I plead guilty and just pay ??

Middleburgh ticket,

This NY speeding ticket carries 8 points, roughly a $250 fine and a $450 Driver Assessment Fee. It can also affect your auto insurance rates (even if you have an otherwise clean record).

You should plead not guilty. The court will schedule you for a conference. At that time, you will have the opportunity to discuss a reduction.

Good luck!

Matthew Weiss


middleburgh ticket Wrote:
-------------------------------------------------------
> Hi,
>
> I got a ticket in Middleburgh NY yesterday for
> going 61 in a 30 mph zone. This is an area where
> the speed limit quickly drops to thirty after Rt
> 145 and I was downshifting to slow down. How much
> could the fine for this ticket be?
>
> Also, I was thinking of pleading not guilty to try
> an get a plea bargain (even if they dropped the
> speed to 60, this would lower the points on my
> license). How can I get a plea bargain? Will it
> come through the mail or will I have to meet with
> a prosecutor? Will they even offer me a plea?
>
> I don't have the money to hire a lawyer, and I
> know that it is very unlikely for me to get this
> ticket dropped, what is my best option?

I was in Dutchess County, NY (Wappingers Falls) I was waiting to pick up my food at a McDonalds drive thru when an officer approached my car and informed me somebody reported I was driving recklessly. He told me to get my food and to come back around to have a conversation with him. I told him I did not drive recklessly and he claimed I did, so I drove around and when his partner came over asking for license and registration I gave it to them thinking they would run my plate, then lecture me and send me on my way. Although I did nothing wrong, I sighed and waited, what else could I do.

A few minutes later, the officers talk to people in another car nearby and then they walk over to me while the other car drives away. They hand me two tickets, one for improper u turn and another for reckless driving a misdemeanor in NYS. The officer admitted he did not see me commit any violation, but another person in another vehicle did witness it and signed an affidavit and now the officer had no choice but to issue me the tickets, then he wished me a good evening. When I went to object he said you'll have your day in court. I did not receive a copy of the affidavit, just two tickets.

Is this legal? I can receive and be convicted of a misdemeanor ticket based soley on the account of some unknown individual for some unknown reason? I might add, if convicted, I will now be counted as a criminal, not to mention the 5 points on my license and the hefty fine,. And although not likely, jail time and license/registration suspensions can happen with this ticket as well.

I received a traffic ticket for a cell phone while I was on a headset in BK. The officer said although I was on a headset the phone was seen being handled. The officer wrote the wrong color of my vehicle on the ticket. Would I be able to fight this ticket?

Kathy C,

Because reckless driving is a criminal offense (misdemeanor), carries 5 points and can adversely affect your insurance rates, we strongly encourage you to fight this ticket. Further, given its seriously, you consult with (if not hire) an experienced traffic lawyer.

In your case, the fact that the officer did not see the alleged offense give you a huge negotiating leverage for a plea bargain. In fact, you very well could win the case if you took it to trial on this issue. Of course, there are no guarantees and, if you are offered a reasonable, non-criminal outcome, you'll have to give it serious consideration.

Good luck.


Kathy C Wrote:
-------------------------------------------------------
> I was in Dutchess County, NY (Wappingers Falls) I
> was waiting to pick up my food at a McDonalds
> drive thru when an officer approached my car and
> informed me somebody reported I was driving
> recklessly. He told me to get my food and to come
> back around to have a conversation with him. I
> told him I did not drive recklessly and he claimed
> I did, so I drove around and when his partner came
> over asking for license and registration I gave it
> to them thinking they would run my plate, then
> lecture me and send me on my way. Although I did
> nothing wrong, I sighed and waited, what else
> could I do.
>
> A few minutes later, the officers talk to people
> in another car nearby and then they walk over to
> me while the other car drives away. They hand me
> two tickets, one for improper u turn and another
> for reckless driving a misdemeanor in NYS. The
> officer admitted he did not see me commit any
> violation, but another person in another vehicle
> did witness it and signed an affidavit and now the
> officer had no choice but to issue me the tickets,
> then he wished me a good evening. When I went to
> object he said you'll have your day in court. I
> did not receive a copy of the affidavit, just two
> tickets.
>
> Is this legal? I can receive and be convicted of
> a misdemeanor ticket based soley on the account of
> some unknown individual for some unknown reason?
> I might add, if convicted, I will now be counted
> as a criminal, not to mention the 5 points on my
> license and the hefty fine,. And although not
> likely, jail time and license/registration
> suspensions can happen with this ticket as well.

Jasmin,

The "wrong color car" defense does not render your cell phone ticket fatally defective.

Matthew Weiss


Jasmin Wrote:
-------------------------------------------------------
> I received a traffic ticket for a cell phone while
> I was on a headset in BK. The officer said
> although I was on a headset the phone was seen
> being handled. The officer wrote the wrong color
> of my vehicle on the ticket. Would I be able to
> fight this ticket?

Hi,

I was recently in an accident on I-87 in upstate ny, in the area of catskill. My car went off the left lane, i couldn't control it at that point and hit the left side barrier. It think it was at that point my left front and back tires blew out and when i tried to get it back on lane, the back wheels of the car spun out to the front and the car spun across both lanes, and then hit the right barrier. Someone called the police for me. And 30min later, when he was writing my report, he gave me a lane violation ticket. I dont know why i was given this ticket, as i dont think it was my fault my tires blew out because of the impact and the car spun out over two lanes.

Please let me know what i can do. As i had gotten a 6 point speeding ticket in upstate in august 2011. And i do not want anymore points or assessment fees. Also i am a NJ driver.

Please help me. As this incident happened exactly a week from now. And i need to mail in this ticket plea.

correction: "Moved from lane unsafely" ticket

Also, the Not Guilty Plea says to mail in 48 hours? Is that serious? I just read it.

A few more notes: There is no supporting deposition on the report. And if i Do decide to plea not guilty. How would this work out? Because i have no way of transportation there. As my car is completely damaged. Do they make out-of-state drivers actually come to the specified court in person?

Riaz Wrote:
-------------------------------------------------------
> Hi,
>
> I was recently in an accident on I-87 in upstate
> ny, in the area of catskill. My car went off the
> left lane, i couldn't control it at that point and
> hit the left side barrier. It think it was at that
> point my left front and back tires blew out and
> when i tried to get it back on lane, the back
> wheels of the car spun out to the front and the
> car spun across both lanes, and then hit the right
> barrier. Someone called the police for me. And
> 30min later, when he was writing my report, he
> gave me a lane violation ticket. I dont know why
> i was given this ticket, as i dont think it was my
> fault my tires blew out because of the impact and
> the car spun out over two lanes.
>
> Please let me know what i can do. As i had gotten
> a 6 point speeding ticket in upstate in august
> 2011. And i do not want anymore points or
> assessment fees. Also i am a NJ driver.
>
> Please help me. As this incident happened exactly
> a week from now. And i need to mail in this ticket
> plea.