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New York Traffic Tickets Questions & Answers
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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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... Read 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)... Read more »

Mark A. Siesel
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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... Read more »

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... Read 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... Read 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... Read more »

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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... Read 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.... Read 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
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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... Read 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... Read more »

2 Answers | Asked in Traffic Tickets for New York on
Q: Is an open container charge in NY considered a misdemeanor?
Zev Goldstein
Zev Goldstein
answered on Jan 2, 2023

No, its a traffic infraction.

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2 Answers | Asked in Traffic Tickets for New York on
Q: should I invest in a lawyer for an unlicensed operator ticket hearing(New York)?

I recently found out that my license had been suspended for over a year. The officer only pulled me over to let me know my lights in the back were broke, but then informed me I was unlicensed and wrote me for an unlicensed operator ticket. It was a bumper sticker ticket that was unpaid that I... Read more »

Susan Michelle Veltry
Susan Michelle Veltry
answered on Nov 18, 2022

Hi. You cannot plead guilty to an aggravated unlicensed operation (driving with a suspended license) because this is a criminal charge, a misdemeanor. It is important that you have an attorney represent you for that in order to avoid criminal record. If the ticket was for unlicensed operator (which... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: should I invest in a lawyer for an unlicensed operator ticket hearing(New York)?

I recently found out that my license had been suspended for over a year. The officer only pulled me over to let me know my lights in the back were broke, but then informed me I was unlicensed and wrote me for an unlicensed operator ticket. It was a bumper sticker ticket that was unpaid that I... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Nov 21, 2022

There are several statutes in NY under which a summons is issued to a driver like you who didn't know his license was suspended. The violation can be a criminal offense (misdemeanor or felony) or a traffic infraction. If your is a traffic violation, you may not need a lawyer, and you may be... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: speeding ticket back in December of 2019. I plea not guilty. Never heard from court. Just got court date 3 year later

Is this ticket still valid? After 3 years? Just received the summon for a pre trial plea bargain appearance. My question is this ticket still valid after they didn’t summon me for 3 years?

Susan Michelle Veltry
Susan Michelle Veltry
answered on Nov 17, 2022

Unfortunately there is no statute of limitations on a traffic ticket. As such, the ticket is still valid. Although the points will not count against you anymore (because it is more than 18 months since the date of the violation), if you are found guilty of speeding, the violation will remain on... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: speeding ticket back in December of 2019. I plea not guilty. Never heard from court. Just got court date 3 year later

Is this ticket still valid? After 3 years? Just received the summon for a pre trial plea bargain appearance. My question is this ticket still valid after they didn’t summon me for 3 years?

Toshinori Isoai
Toshinori Isoai
answered on Nov 18, 2022

The answer is YES. Many local courts hold court sessions only few times a month and they were closed during the COVID-19 pandemic, leading to their serious case backlog. Depending on the original speed alleged and the policy/personality of the town/prosecutor/judge, you may be able to negotiate a... Read more »

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Nov 3, 2022

Your brother should speak with a local attorney to fight or resolve this matter. PA DMV can be tricky and harsh for out-of-state violations for CDL drivers. Relatively minor violations can be treated as serious offenses such as certain speeding, unsafe lane change. Paying the fine (if it's... Read more »

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2022

It sounds like there's more to this story. If your brother had blacked out while coughing, he would likely have crashed his truck, not just changed lanes. That the trooper did not show up for the court appearance would not warrant dismissal of the ticket, especially if it was the first time... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: What are my options for Car tail lights got turned off accidentally during turn signal in New York?

My car lights got turned off during turn signal and the intersection was so brightly lit that I was unaware of my car lights situation. I would have identified it as I was entering the dark area but the cop stopped me right at that point and called me out of the car to see that lights are off.... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Nov 3, 2022

You should speak with a local attorney to fight or resolve this matter. Assuming that this is not a NYC case, each township has a different personality when it comes to prosecution if traffic matters. You may be able to get the original violation reduced to a non-moving violation with a fine only.... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: What are my options for Car tail lights got turned off accidentally during turn signal in New York?

My car lights got turned off during turn signal and the intersection was so brightly lit that I was unaware of my car lights situation. I would have identified it as I was entering the dark area but the cop stopped me right at that point and called me out of the car to see that lights are off.... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Oct 17, 2022

You need to answer the ticket by mailing it to the court and pleading not guilty (there is a space on the ticket to do so along with a deadline). Keep a copy before you mail it. A court date will be given to you to plead your case to a Judge. You can higher counsel to do this for you as well.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Can a moving violation be turned into a jaywalking ticket?

As brief of a summary possible: got pulled over in May for crossing a solid white line to get into a left turn lane, the cop wrote the ticket wrong and said I turned from the center lane so I plead not guilty and had my hearing this morning.

When I got there the clerk (? Could have been an... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Oct 14, 2022

Yes it is a thing. The traffic agency wants the money. They don't really care about the points if it is a first offense. This is a frequent offer and should almost always be taken.

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... Read more »

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... Read 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.

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