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Questions Answered by Zev Goldstein
1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: I WANT TO KNOW DOES THE STATE ADMINISTRATIVE PROCEDURE ACT (SAP) CONTROL THE NY DMV TVB HEARING PROCEEDINGS?
Zev Goldstein
Zev Goldstein answered on Nov 15, 2020

It should, but good luck getting the TVB to follow it.

2 Answers | Asked in Traffic Tickets for New York on
Q: Can a cop search my vehicle over speeding ticket and suspended licence

When I asked about it he said he would handcuff me and tow the vehicle I was polite and just wanted to know my rights. I live in ny

Zev Goldstein
Zev Goldstein answered on Oct 23, 2020

Yes and no. There are circumstances in which he would be able to search your car. Generally, if he is asking for permission, the officer believes that he cannot search your car. If he simply does the search, he believed that he has the legal authority to search your car.

Driving with a...
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2 Answers | Asked in Traffic Tickets for New York on
Q: I was driving home from work on the I90, 10/22/20 I was doing 80mph in a 65mph zone and issued a ticket.

The ticket was issued in the town of Brant NY. I was in the left lane overtaking a vehicle in the right.

1) The trooper that issued the ticket set a date for 6 days from the issue date.

Is that allowed?

2) The NYS trooper was not wearing a mask while approaching the... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 23, 2020

1. You can ask the court for more time to respond to the ticket.

2. The governor's executive order requires masks while in public places, where it is impossible to socially distance.

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2 Answers | Asked in Traffic Tickets for New York on
Q: What should I do about trying to get a speeding ticket reduced and the points on my license reduced? In NY state.

I was pulled over in a 30 MPH zone and the cop said he got me at 61 MPH. I wasn't looking at my radar but from my peripheral vision, I don't believe I was going over 60. I know that in NY that one more MPH is a much larger fine, the cop was trying to bump my ticket up to the next level. I... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 6, 2020

Being a broke college student is a financial question, not a legal one.

If you argue that the police officer was wrong, you end up at a trial where you lose. Over $1,000 in fines. If you say I am sorry and I should not have been speeding even 1 MPH over 30 MPH, you end up with a plea deal...
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2 Answers | Asked in Traffic Tickets for New York on
Q: I can't find any provision or instructions for filing Discovery Motions for traffic violations (VTL 1128, VTL 1180) Why?

Would I be correct is saying that if I request discovery from the Prosecutor/State Police Officer and they do not provide me with what I ask, they subsequently would not be allowed to present the previously requested evidence in court?

Zev Goldstein
Zev Goldstein answered on Sep 14, 2020

See NY Criminal Procedure Law Article 245. https://www.nysenate.gov/legislation/laws/CPL/A245

specifically

"Notwithstanding the timelines contained in the opening paragraph of this paragraph, the prosecutor's discovery obligation under subdivision one of section 245.20 of...
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4 Answers | Asked in Traffic Tickets for New York on
Q: i got a ticket for open container alcohol consumption section 12271. how to remove charges and avoid jail time.
Zev Goldstein
Zev Goldstein answered on Aug 23, 2020

Jail time is probably not on the table. Where did you receive this ticket?

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2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket on the parkway going 60 in a 35 but I’m sure I was not there was also no traffic and 1 car

I also know that it depends on the angle of the gun and that they are not very accurate this officer was also telling me that it would be very easy to get out of it He was not very professional I tried asking what I did before providing my id but he wouldn’t tell me until I did and after he came... Read more »

Zev Goldstein
Zev Goldstein answered on Aug 9, 2020

Not sure what the question is. The police are approximately accurate with speed recognition. If the officer credibly claims you were doing 60 MPH, you are going to have a hard time claiming you were going 35 MPH.

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1 Answer | Asked in Traffic Tickets for New York on
Q: I have unpaid traffic tickets from over 20 years ago, I don't have the money to pay these all right now, I am in NY.

What can I do to be able to get a drivers license? Thank you

Zev Goldstein
Zev Goldstein answered on Jul 27, 2020

The DMV will not give you a license if you have a single unpaid ticket. Pay attention to 2019 Bill Text NY A.B. 7463 which may eliminate this law.

2 Answers | Asked in Traffic Tickets for New York on
Q: are school speed cameras in effect when schools are closed
Zev Goldstein
Zev Goldstein answered on Jul 26, 2020

Yes they are, and the lowered speed limits are still in effect in most places.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket in march, i signed the ticket, plead not guilty and mailed it. I never got a court date

It was the week before covid hit new york. After i mailed it i never heard back, I have severe anxiety and am scared to call the courthouse only for them to tell me i might have a a warrant out for my arrest. After covid hit i lost my job and I had a lot of personal problems that caused me to have... Read more »

Zev Goldstein
Zev Goldstein answered on Jul 24, 2020

If you are afraid to call the court yourself, you may need a lawyer. Realistically, very little has happened in the courts during covid.

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3 Answers | Asked in Traffic Tickets for New York on
Q: As a GA driver who got a ticket for improper cellphone use in NY, will it appear on my record and also the points?
Zev Goldstein
Zev Goldstein answered on Jun 21, 2020

Cell Phone tickets carry 5 points in NY, and NY keeps a record of the conviction, even though you are from GA.

Check with a GA attorney (or post this question in the GA forum) as to whether GA will put points on your GA record.

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3 Answers | Asked in Traffic Tickets for New York on
Q: Will I get points on my license, also cause my insurance rate to go up if I pay a speeding ticket?

I got a speeding ticket going 36 on a 25 from a speeding camera in NYC, and I'm from Missouri. If I pay this ticket will I get points on my license, making my insurance rate go up?

Zev Goldstein
Zev Goldstein answered on Jun 11, 2020

You will not get points, and your insurance should not increase. Reason, the camera shows the vehicle speeding, but not who was driving the vehicle. It is error to assume the owner/registrant is the driver

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1 Answer | Asked in Traffic Tickets for New York on
Q: I got an unregistered and uninspected motorcycle ticket in NY. The bike was insured though.

Shouldn’t the inspection be waived since it’s quarantine? Will registering the vehicle before showing up to court resolve this? What should I do?

Zev Goldstein
Zev Goldstein answered on May 27, 2020

Great question. The NYS DMV has announced that registrations will not expire during the lock down, but this does not mean that NYS permits driving a vehicle that was never registered.

The process in court depends heavily on which court the tickets are filed in.

1 Answer | Asked in Traffic Tickets for New York on
Q: I got cause at a traffic stop with my girls plates on my car. If convicted, what’s the worse case scenario?

(State-NYVTL 375 (2)(a)(3) (Civil?

Zev Goldstein
Zev Goldstein answered on May 21, 2020

Assuming you are writing the citation correctly "VTL 375-2(a)3" this is an equipment violation, for no/insufficient tail lamp. As long as you pay the ticket, the ticket will not affect your driving record.

2 Answers | Asked in Traffic Tickets for New York on
Q: I was issued a ticket for driving with a suspended license, but my license is valid

I was the passenger in a car where the driver license was suspended. I was instructed to get in the driver seat because my license was valid. I also received a ticket for oper/permit/lic reg art 7, which is also a misdemeanor. What does that ticket even mean? And would it be dismissed because my... Read more »

Zev Goldstein
Zev Goldstein answered on May 8, 2020

The ticket you received was for allowing a suspended driver to operate a vehicle for which you, apparently, had custody and control.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got a ticket in a new stop sign in my town ? There are any lawns that can help me not paid the ticket

But there is not a white line ir a cross line for people to cross ?

Zev Goldstein
Zev Goldstein answered on May 6, 2020

A stop sign can have a white line it interacts with, but a stop sign does not need a white line to be valid. Take a look at the statute:

https://law.justia.com/codes/new-york/2015/vat/title-7/article-29/1172

1172. Stop signs and yield signs. (a) Except when directed to...
Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: Hello, I got caught speeding at 97 MPH on a 55 MPH zone in yonkers. What is the best and worse case scenario with lawyer

?

Zev Goldstein
Zev Goldstein answered on May 4, 2020

This is an 11 point speeding ticket, which means your driver's license can be suspended for this ticket alone. An attorney can likely get get some of the points reduced, so your license does not get suspended.

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3 Answers | Asked in Traffic Tickets for New York on
Q: Tickets from 2 years ago

I got a ticket 2 years ago in the bronx for texting and driving which is 5 points. Than a ticket 2 months later which I didnt plead guilty to for going 21 over the speed limit which is 5 points. My court date is in mid july if I get convicted would it automatically suspend my license. After this... Read more »

Zev Goldstein
Zev Goldstein answered on May 3, 2020

Speeding 21 over the limit is 6 points, not 5. Based on your representation that both of these tickets happened 2 years ago, we are guessing that both tickets were issued in the 5 boroughs of NYC. In that case, the TVB judge will have discretion to suspend your license, or not to suspend your... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: NYS Emergency Room Technician received a Red Light Violation in Nassau county for a Right Turn. Although My turn was not

perfect and an emergency vehicle was approaching in my rearview mirror. Can I challenge the Red light camera ticket, although the emergency vehicle was about 250 feet behind me?

Zev Goldstein
Zev Goldstein answered on Apr 23, 2020

Can you challenge the ticket? Certainly. Are you saying that you yielded to the emergency vehicle? Was this ticket issued by a police officer, or a camera? Police issued red light tickets are worth 3 points.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Does intent play a role in an improper approach for a right turn violation?

Is intent a required element for an improper right turn violation (improper approach such as turn from middle lane? The law in NY (and other states) begins with "The

driver of a vehicle intending to turn at an intersection shall do so as

follows:

Does the police... Read more »

Zev Goldstein
Zev Goldstein answered on Apr 19, 2020

You are quoting VTL 1160. Turn signals are required by VTL 1163, which does not include intent as an element.

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