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New York Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for New York on
Q: How to fight VAT Title-7 Article-25 Section 1127 in court using the argument of road sign being obstructed by trees?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 11, 2022

I assume this was a stop sign. Take plenty of photos or video approaching the sign.

1 Answer | Asked in Traffic Tickets for New York on
Q: Is a plea to NY Veh & Traf L § 1202(2)(a) good in when ticketed for speeding 58/30?

This is only the second ticket ever received in 30 years of driving.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 16, 2022

If you mean a 1202 (a) 2 (no parking) that is an excellent offer. The charge is a 6 point violation and the plea would be to a no point violation. Can't get better really. Take it.

1 Answer | Asked in Traffic Tickets for New York on
Q: Got a speeding ticket while I was still in probationary period, plead not guilty got a hearing for next year.

Its been 9 months already my hearing is in 3 months and I'm no longer probationary would my license still get suspended if I change to a guilty plea or if I am found guilty?

Zev Goldstein
Zev Goldstein
answered on Jul 27, 2022

Yes you will still get suspended, because the DMV looks back at the status of your license at the date of violation.

1 Answer | Asked in Traffic Tickets for New York on
Q: can a judge and/or the DMV take my license for severity of moving violations even though they don’t equal 11 points nys?

Tickets: (1144-AA) and (31 over in a 55 MPH zone)

These both equal 10 points (if I am correct)

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 21, 2022

If you are being charged with reckless driving the answer is yes. If it is simply the two traffic infractions than probably not. Seek a local traffic attorney who knows the jurisdiction.

1 Answer | Asked in Traffic Tickets for New York on
Q: I got a ticket for failure to yield I pleaded not guilty but my court date is many months from now

I just concluded a defensive driver course for insurance purposes

Do you think I should plead guilty and use my defensive driving course point waver to clear the point or continue to plead not guilty/get a lawyer to plead my case

Toshinori Isoai
Toshinori Isoai
answered on Jun 9, 2022

It depends on various factors including where the alleged offense happened, where your case will be heard, whether you have a valid "legally sufficient" defense, etc. Your moving violation can also be amended to a non-moving offense by way of plea negotiation in certain forums. You can... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Prosecutor failed to name/ID anyone as the defendant at trial in local criminal court for parking ticket.

Delete

Zev Goldstein
Zev Goldstein
answered on May 17, 2022

For parking tickets, the named defendant is the vehicle, not a person.

1 Answer | Asked in Traffic Tickets for New York on
Q: I’m a 17 year old with a junior license. I turn 18 soon and I got a speeding ticket.Will my junior license get take away
Toshinori Isoai
Toshinori Isoai
answered on Apr 6, 2022

In NY, your junior license holder will be suspended for 60 days if you commit a serious traffic violation. A serious traffic violation usually means a violation with 3 or more points. In NY, a speeding offense, if convicted, carries 3 points if your speed was 1-10mph over the speed limit. Yes,... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: My husband got a traffic ticket in the morning while dropping our son to school. He passed a school bus stopped

My husband got a traffic ticket in the morning while dropping our son to school. He passed a school bus (failed to notice) stopped in the opposite direction. He was going to drop off our son to school early. The incident happened right after he backed out from our driveway. It was a chaotic... View More

Toshinori Isoai
Toshinori Isoai
answered on Apr 6, 2022

Under VTL 1174, a driver must stop for a school bus picking up or discharging passengers. It's a straight forward statute with no consideration of the driver's intent. Your personal necessity (of getting to school early) or other factors (such as a bad weather, "everybody was passing... View More

2 Answers | Asked in Traffic Tickets for New York on
Q: Who gets a ticket if pulled over for no registration vehicle owner or the driver
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 9, 2022

The driver gets a ticket for driving an unregistered vehicle.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Parking tickets. Is it legal 2 receive 2 violations in less than 2 hours?
Toshinori Isoai
Toshinori Isoai
answered on Feb 24, 2022

Most likely yes, depending on the circumstances. You, however, may want to carefully and thoroughly analyze all the information on the tickets for any facial defect for dismissal.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Do school busses have to follow no stopping anyyime signs. If they made an illegal stop can it null my ticket

I got a camera fine for passing a school bus as the lights came out. But the bus stopped in a no stopping zone. And I wouldve had to slam on my breaks to maybe catch the bus.

Toshinori Isoai
Toshinori Isoai
answered on Feb 23, 2022

In NYS, you are most likely required to stop whenever a school bus is stopping on a public highway, street or private road for the purpose of picking up or discharging passengers and one red signal lamp is flashing.

3 Answers | Asked in Traffic Tickets for New York on
Q: How to deal with a 70 in a 65 speeding ticket in New York State?

I got a plea bargain letter that could convert the speeding ticket to VTL 1110A Disobeyed Traffic Control Device w/$150 fine. But I may still get 3 points.

Toshinori Isoai
Toshinori Isoai
answered on Feb 9, 2022

Assuming that you have a NY license, yes, 1110A will put "2" points on your license. If the original speeding is 70 in 65, 1110A may seem a little bit unreasonable, but it depends on the circumstances surrounding your case and policy and personality of the town/village and/or the... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: Is it legal for a police officer to come to your home and demand a sobriety test in the home 2 hours after aaccident?

Car slide on ice and hit a pole. No drinking involved. Called AAA, they said they’d arrive shortly. It was cold and my husband had a cut on hand, not severe. My son picked up my husband, took him to our home to treat injury and I waited for A A A. Waited 2 hrs. Someone called police while I was... View More

Toshinori Isoai
Toshinori Isoai
answered on Feb 7, 2022

First, your husband didn't get a summons for DWI, which is a relieving thing (even if there is no way for him to get convicted of that). FYI, Red eye, bloodshot and watery eyes, slurred speech, etc. are not necessary indicia of being under influence.

Keep in mind that the People...
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1 Answer | Asked in Traffic Tickets for New York on
Q: Hello, i am 17 with a learners permit. The other day i got a ticket for DISOB TRAFFIC DEVICE with 2 points.

Will this affect me getting a license, i have a road test next month, and i don’t want this to affect me in any way. Also, is there any way my parents will find out ?

Stuart Austin
Stuart Austin
answered on Feb 1, 2022

Any moving violation (defined broadly) while on probation or within the first 6 months of your license will result in a suspension of your license. You need to plea bargain the ticket or have it dismissed on motion.

Good Luck

1 Answer | Asked in Traffic Tickets for New York on
Q: Am I entitled to dismissal of traffic tickets in NY City TVB for speedy trial violation?

I got two tickets in January of 2019. Seatbelt and speeding (speed in zone 11-30, 4 points). I initially filed a written response in lieu of appearance. Court has adjourned it on its own (I never requested adjournment) 4 times. They just recently adjourned it to July 2022. Is it possible to get it... View More

Toshinori Isoai
Toshinori Isoai
answered on Feb 1, 2022

No. TVB is an administrative court and the speedy trial defense doesn't apply to your traffic matters in TVB. The court is authorized to administratively change your court dates.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I have multiple tickets from “accused “ car chase but was not caught and only proof was an officer claiming she “saw” me

It was dark night and was never caught and home in bed when they brought me to station to “pick up my wallet “ my girlfriend had reported the car stolen and I was home in bed. They questioned us both and neither admitted or confessed. They let us go and didn’t even arraign me or anything. All... View More

Zev Goldstein
Zev Goldstein
answered on Jan 19, 2022

This question was posted to "traffic tickets". Try reposting it to "criminal defense".

2 Answers | Asked in Traffic Tickets for New York on
Q: Can I get a plea deal if I was speeding 91 in a 50. 11 points pending, but a clean record the last 2 years in NYC.

I have a court case where I was "speeding 41 over" which is the exact amount for automatic suspension. Officer pulled me over and was immediately annoyed about a sticker on my windshield. He told me to take it off my windshield and to never put it on even though it was from a PBA... View More

Toshinori Isoai
Toshinori Isoai
answered on Jan 4, 2022

Sorry for the situation. If you received the speeding ticket in NYC and that's the only ticket you got, then your case will be heard in the place called "Traffic Violations Bureau (TVB)" which looks like another court but it's actually an administrative "agency" run by... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: NYS -speeding ticket was brought down to lower issue. Due to COVID, I can mail in my plea, should I guilty or go trial

I got ticket speeding in work zone with 6 points. Now I have received info back and they are offering to lower it to parking in front of fire hydrant and 0 points. Do I say guilty and accept or say innocent and wait for court date? They sent plea via mail due to COVID pandemic.

Toshinori Isoai
Toshinori Isoai
answered on Jan 1, 2022

It depends on your situation. Do you have a valid defense such as you were not the operator? Assuming that the speeding charge (6 points) is valid (meaning that the officer has proper training to assess your speed visually, etc) and you are likely to lose the case, then taking the plea offer may... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Pulled a NYS DL Abstract and found a FTA Summons on the file from 2003. And My Driving Privileges are suspended.

I was on active duty in a different state (VA) and do not recall the summons or have any pertinent info on it. How do I handle this in 2021 to reinstate my license, Now that I am residing in NY?

Toshinori Isoai
Toshinori Isoai
answered on Dec 15, 2021

The first thing you may want to do is contact the DMV and get the details surrounding the FTA or contact a traffic attorney in NY. Many traffic attorney in NY often have access to DMV system so s/he should be able to give you some additional information.

1 Answer | Asked in Traffic Tickets and Criminal Law for New York on
Q: I was stopped in September 2020 for an expired inspection sticker I was arrested afterwards for suspended license

Government cumo said there was a government order that police could not stop or ticket for expired inspection stickers until November 3rd 2020 was this an illegal stop

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 15, 2021

If your inspection sticker expired after March 31, 2020, you had until 12/1/2020 to get your inspection. But you needed to go to court to fight it. You could try to reopen the case. Contact a local attorney.

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