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New York Traffic Tickets Questions & Answers
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

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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1 Answer | Asked in Traffic Tickets for New York on
Q: (Based in Suffolk County, NY). Is this turn around a school bus legal?

When approaching a residential intersection north to make a right turn, there is a bus on the perpendicular road heading west but is past the intersection. They have their stop signal out. Is it legal to turn right if the bus is already past the intersection (about 10~ feet from it) and the path... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

I gather you received a ticket for violation of passing a stopped school bus. You have the ticket and so it would be proper to inform the Justia community of the statute cited as violated by you.

In any case, this is not a do-it-yourself project, research, or otherwise. A school bus ticket...
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3 Answers | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket of 118 in a 65 am I going to lose my license
Susan Michelle Veltry
Susan Michelle Veltry
answered on Dec 21, 2022

With a high speed there are several factors to take into consideration. The most important factor is the court in which the ticket is pending. Please feel free to call me so that I can gather a little more information in order to provide you with a more informed answer.

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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... View 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... View 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... View 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... View 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... View 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.... View More

Howard E. Knispel
PREMIUM
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... View More

Howard E. Knispel
PREMIUM
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: 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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