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New York Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for New York on
Q: In NY, should I take an offer to plea bargain: Change 1144A "Failed Due Care" to "1202(b)(2)

1202(b)(2) parked within 15 ft of fire hydrant adn hindered access of emergency vehicle

Thank you!

Howard E. Knispel
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Howard E. Knispel
answered on Aug 15, 2023

Yes. VTL 1144A is a 3 point violation. Points can raise your insurance, cause DMV assessments and, with enough, suspend your license. 1202(b)(2) is a parking ticket. This carries no points. The fine might be higher but, in the long run, not having points is a better deal.

1 Answer | Asked in Traffic Tickets for New York on
Q: Seeking Guidance on Resolved Headlight Ticket Deadline Issue to Prevent License Suspension?

I was stopped last year by officers on my way to work for malfunctioning headlights, and I attempted to fix the issue by purchasing a new bulb, which I was about to install when I realized that the existing bulb simply needed proper screwing. As soon as I secured the existing bulb, it lit up.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 7, 2023

If this was only an equipment violation, your license will not likely be suspended. Also you will lose any appeal. Pay the ticket an move on.

2 Answers | Asked in Traffic Tickets for New York on
Q: I have received a traffic ticket from Alexandria Town Court in NY. What steps should I take to handle this matter?

I got a speeding ticket (15 miles/h above speed limit) and I plead not guilty. Subsequently, I received a letter requesting me to complete an online course, which I successfully completed. Now, I have received a Plea Reduction letter, which allows me to enter a guilty plea to the following charge:... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 1, 2023

I am not sure why you were asked to take the course and got a fine if you pled not guilty. Regardless, the reduction is from a 4 point violation to a 0 point violation. No points is good. 4 points could result in a higher insurance rate, a DMV assessment and, if you accumulate 11 points, a... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket: Definite or Indefinite? Paperwork doesn’t say. Pay for fine/surcharge? Or pay termination fee? Or both?

This paper is one of the most unclear statements. For a reason, I’m sure.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 31, 2023

Unless this speeding ticket aggregates more than 11 points on your license you need to send in a plea of eiother guilty or not guilty. If you plead guilty they court or agency (depends on the county or town) will send a bill for the fine. If you plead not guilty you will get a court date to... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: If New Jersey suspends my New York Driver's license would New York do anything about it
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

if your driver's license is suspended or revoked in one participating state, other participating states may honor that suspension and take corresponding actions against your driving privileges within their jurisdiction. This means that if New Jersey suspends your New York driver's... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: If my radar detector is suction cupped to my windshield in my personal vehicle, would that break NY windshield laws?
Howard E. Knispel
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Howard E. Knispel
answered on Jul 3, 2023

Anything that can obscure vision through the window can be considered illegal. Even an air freshener hanging from your rear view mirror.

1 Answer | Asked in Traffic Tickets for New York on
Q: Can you go to jail for a stop sign ticket?

Why would they say I need to go in person for a stop sign ticket if I already pled filthy and said I’d pay? Would a lawyer make sure I don’t go to jail?

Zev Goldstein
Zev Goldstein
answered on Jun 29, 2023

It depends on which court the ticket is filed in. Assuming you got this ticket in NYC, they want you to come to court to decide whether to suspend your driver's license for too many points.

1 Answer | Asked in Traffic Tickets for New York on
Q: I got a paper saying the above docketed matter has been adjourned for arraignment after i pled guilty for a stop sign

Ticket. I thought they made you go to court only if you pled not guilty. Have you ever seen this? Do I have to hire a lawyer now?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 29, 2023

Technically you should not have gotten a court date. However if you have priors, or open tickets they can require a hearing. But this might be a blessing. You can negotiate the plea and get a better deal.

1 Answer | Asked in Traffic Tickets for New York on
Q: NYC Ticket 1225C-(2)(A) ... Should I postpone court date with hopes officer won't show up?

During the summer of 2020, I was pulled over in Harlem and issued a summons for 1225-C (2) (A). TVB

postponed the court date 3 times and is set for 7/7/2023. The officer has since been reassigned to a precinct in Queens. Should I exercise my 2 postponements in the hopes the officer will... View More

Zev Goldstein
Zev Goldstein
answered on Jun 18, 2023

If the phone was in your hand, there is a presumption you were using it. You would have to convince the judge/hearing officer that you weren't using the phone.

1 Answer | Asked in Traffic Tickets for New York on
Q: I received a letter in the mail to appear for arraignment in TRACS court? What does TRACS mean exactly?
Michael Arbeit
Michael Arbeit
answered on May 30, 2023

That usually means that the courtroom has not been assigned yet. Did this happen in Suffolk County, NY?

1 Answer | Asked in Traffic Tickets for New York on
Q: Bar association

We hired a lawyer to get rid of our traffic tickets in New York. All 3 of us were guilty of the many tickets and so resolved in suspension of our drivers licenses. We didn’t know this until a police officer told us. This prevented us from continuing to drive , and almost getting arrested. We were... View More

Zev Goldstein
Zev Goldstein
answered on May 15, 2023

We would probably need more information to determine whether you have a claim or grievance. Try re-posting to the section on "legal malpractice" if there is such a forum on Justia.

1 Answer | Asked in Traffic Tickets for New York on
Q: Are undercover police allowed to perform traffic stops in NYC?

I was stopped by an undercover after getting off the exit from an expressway. I was told I was speeding. Then he proceeded to give tickets for tinted windows, cellphone, and a speeding ticket. Can I fight this and have all the tickets thrown out?

Mark A. Siesel
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Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2023

You can fight the tickets in the Manhattan Traffic Violations Court, but your argument about the status of the officer will fall flat. You could contest whether you were using the cellphone by obtaining prone records from your carrier, and question the accuracy of radar (if that is what was... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Cellphone ticket NYC. Officer stopped me 5 blocks from where he "observed" me (1548 ft) allegedly on the phone.

Location of occurrence is 5 blocks behind where the cops stopped me. First thing he said after he approached and looked inside, is that a GPS? (My cell phone was tucked between my torso and thigh, i literally have to look down and look at it and then i wouldn't be able to as it is upside down)... View More

Mark A. Siesel
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Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

You have a chance to fight it as you bring up legitimate evidentiary points which you can cross examine the officer as to how he could have observed the infraction, and the prosecution must prove a case beyond a reasonable doubt. But to answer your question more realistically, my long experience... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for New York on
Q: Are radar detectors legal in new york state for a personal use sedan?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 6, 2023

Radar detectors are legal in NY except in commercial vehicles. But may not be effective against laser which is mostly used.

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3 Answers | Asked in Traffic Tickets for New York on
Q: Got speeding ticket in NYC last yr but I have since moved out of state, if guilty would the points transfer to new state

I received a ticket in NYC for driving "22 above speed limit" but I moved outside of NY state and have a new license in a different state. If found guilty, do the points transfer?

Susan Michelle Veltry
Susan Michelle Veltry
answered on Mar 3, 2023

Hi. Every state is different. However New Jersey will add 2 points for every New York violation. More importantly, your insurance carrier is able to out-of-state violations which could result in an increase in your insurance premium. As such, you should absolutely contact a New York attorney to... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: Court replies to mail in plea agreement under the offer section is the word cover. What's does cover mean?

I Pleaded not guilty by mail to a speeding , unlicensed operation, improper plate in Buffalo New York. The reply was a offer to reduce the speeding to a non-moving violation, disobeying a traffic device. under the offer section pertaining to the two charges of unlicensed operation and improper... View More

Toshinori Isoai
Toshinori Isoai
answered on Feb 3, 2023

That means unlicensed operation and improper plate charges will be covered under your plea to the amended charge with no independent plea to them. You will only be pleading to the reduced offense amended from the speeding. You need to note, however that disobeying a traffic device IS a moving... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If I pay this, does the matter end there or will this escalate to criminal prosecution?

I pick up my child from school every day and drive her around to playdates and then classes and then (every other week) to her mother’s place 1 hour away. In Manhattan this is a nightmare as I need to find parking rapidly on the street, multiple times a day.

A friend offered a solution -... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

It could escalate if anyone is interested (after all you are in NYC) and Criminal Possession of a Forged Instrument seems applicable, which is an A misdemeanor.

1 Answer | Asked in Traffic Tickets for New York on
Q: Hi, I got a ticket in Rye, NY going 90 in a 55 MPH. I have no prior tickets and no other offenses, my record is clean.

The ticket says for 7. the charge was based off of officers direct observation then confirmed with radar, but there were also cars a next to me. Any advice on how I can try and fight this in court, I have already mailed in right away and pleaded not guilty. Thank you for any help, I appreciate it... View More

Susan Michelle Veltry
Susan Michelle Veltry
answered on Jan 28, 2023

Hi. This is an 8 point speeding violation. You basically have two options-plea bargain (negotiate) or trial. In general, for a high speeding ticket like this it is best to plea bargain with the prosecutor to have your violation reduced in order to avoid a heavy impact on your insurance premium.... View More

2 Answers | Asked in Traffic Tickets for New York on
Q: Hi today I was given a ticket for going 90 in 55 in NY. I have a clean record, no tickets, etc. What do I do next?

He also stopped me using 2-Radar. How can I get this down or reduced, etc.

Thank you to any advice or help!

•Any advice when I show up in court?

•No previous tickets, etc.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 27, 2023

If this is your first speeding ticket (or the first in over 18 months) your ticket should be able to be reduced. You need to put in a not guilty pleas ASAP (keep a copy of the ticket before you mail it in), or go to an experienced traffic lawyer who can handle everything for you and you would not... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: I was pulled over and ticketed for speeding by a unmarked state trooper Is that legal

I have read that unmarked cars are not supposed to inforce traffic violations if so they must call a marked car to issue the ticket am I correct on this and should I fight the ticket

Susan Michelle Veltry
Susan Michelle Veltry
answered on Jan 9, 2023

Unfortunately, an unmarked trooper can issue a traffic summons. You can, and should, always fight a moving violation. An experienced attorney can generally plea bargain with the prosecutor and have your speeding violation reduced to something with less points (or no points) which is far less... View More

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