Topic Wiki

This thread discusses speeding tickets and traffic tickets in the state of New York. For parking tickets go here http://forums.dansdeals.com/index.php?topic=15090.0 or here http://forums.dansdeals.com/index.php?topic=23665.msg1088489. For moving violations outside of New York, please start a new thread and add a link here.

If you have a specific question please use this template so that members will have enough information to answer.
The ticket was issued in this state:
The ticket is returnable to in this Town/Village/City:
I have a license from:
Commercial/Residential:
Ticket one:
Ticket two(ex):
Accident?:
I want information on "do it yourself":
I want information on "hire an attorney":
I want both:


Please read this wiki first. I am not an attorney and this is not legal advice.

Q: Can I get a plea bargain in New York City?
A: No. Every single ticket goes to trial, guilty or not guilty, in New York City. (The 5 boroughs of NY, Kings, Queens, Bronx and Richmond.)

***Join the push to change the system in NYC. https://www.change.org/p/new-york-change-traffic-courts-in-new-york-city-nyc-tvb ***

Q: How long does it take for points to fall off your New York State record/license/abstract?
A: For DMV persistent violation purposes 18 months from the date of offense regardless of the date of conviction. At 3 years after the date of conviction on the following January first the points are no longer visible on the driving record which insurance companies and traffic prosecutors look at. DMV always keeps a record of your conviction and if you get too many points over your lifetime you could get a "10 year" revocation, however those records are not visible to insurance companies.

Q: Does it pay to fight my NY ticket or should I just pay it?
A: In order to figure the true cost of a traffic ticket conviction (aside from figuring out the total fines and the effects on your record) you need to call up your insurance company and ask them 2 questions. 1. How much will my insurance go up over the next 4 years if I pay this ticket? 2. How much money in "good driver discounts" will I loss over the next 4 years and how much does this add up to?

The reason you need to ask these 2 questions separately is because the insurance companies "shield themselves" from the statutory requirement to not raise insurance rates for a first violation (or speeds up to 15 MPH) by granting "good driver discounts", and then taking away these good driver discounts when you get your first violation. Therefore the (technically) correct answer to the first question you ask them could be "your insurance will not be raised at all". Then when you ask them the second question the answer may be in the thousands of dollars over the next 4 years, depending on your insurance bracket.

Q: How can I find my New York ticket online? 
A: If it is New York City ticket you can find it at https://transact.dmv.ny.gov/pleadnpay if you received a ticket anywhere outside of NYC and anywhere upstate you must contact the individual Court by phone or mail. There is no way to find your ticket online. Google is not able to find most small Courts as it get confused with giving you the most popular courts and attorneys, therefore I suggest you look up your Court at at www.town-court.com.

Q: How can I get a copy of my NYS driving record/license/abstract?
A: You can buy it at the statutory minimum of $7 at https://my.dmv.ny.gov/crm

Q: Do NJ tickets show up on a regular non CDL NY license?
A: As long as you pay them, no they will not.

Q: Do NY tickets show up on NJ licenses?
A: Yes as a 2 point out of state conviction (most violations).

Q: Do NJ tickets show up on a NY license?
A: As long as you pay them, no. Exceptions 1. if you have a CDL the NJ conviction will record on your NY license. 2. DUI/DWI and criminal driving convictions from NJ do record on your NY license. 3. as stated above if you don't respond to the ticket the suspension will follow you to NY. In addition NJ issues warrants for failing to respond to traffic tickets. 4 If you are convicted of a high speed (90+ MPH, 100+ MPH) in NJ the Judge may suspend your NJ driving privileges. 

Q: Can I pay Court fines with a CC?
A: In NYC for moving violations you can use https://transact.dmv.ny.gov/pleadnpay. For NYC parking tickets you can use http://www.nyc.gov/html/dof/html/parking/parking.shtml. As far as "upstate" Courts go, most Courts will allow you to pay with visa or mastercard in person. Many Courts have a CC sheet which you can fill in and mail back, other Courts have a third party processor such as https://www.ncourt.com to accept cc payments. Call the Court to find out what options they have. No one (so far that I have seen) will take CCs over the phone.

Q: I received a camera ticket for a red light (3 points) or speeding (3-11 points) or a bus lane violation (2 points). Do traffic tickets issued from a camera add points to my license?
A: Camera Tickets never go on your license as they are issued against the car and not the driver. Therefor a camera ticket will not add points to your license or increase your insurance.

Q: If I push a ticket off for 18 months and then I am convicted, can I still be suspended by the DMV for having more than 11 points?
A: Pushing off a ticket will not help protect you from DMV actions. The reason is as follows: if you receive 2 tickets worth 6 points each on the same day, and you plead guilty to one of them on that same day and you push the second ticket off for 5 years, and then you plead guilty to that second ticket, the DMV computer will look at the 2 dates of violation and say "the motorist accumulated (more than) 11 points within an 18 month period" and issue a persistent violator suspension against you license.

Insurance companies work the other way around. They can only raise your premium after your date of conviction. Therefore in our example the insurance companies will increase your insurance after the first conviction appears on your record when they renew your policy (which will stay on your record for 3 years and then until the next January 1st) and then they will increase your rates again after the second ticket conviction shows up on your record when they renew your policy, (once again this second ticket will stay on the record for  3 years plus until the next January first. It follows that pleading/being found guilty in December saves 11 months of policy increase, and if there is a way to lock in a one year policy right before a conviction in December you can be looking at a car increase for only 2 years and 1 day, instead of 4 years minus one day.)

Travelers Insurance offers 1 year rates.
Geico is 6 months.

Traffic Ticket Lawyers:

State
New York Attorney Matisyahu Wolfberg http://www.speedingdefense.com/
New York Attorney Zev Goldstein www.zevgoldsteinlaw.com 845-356-7770
New Jersey Attorney Adam H. Rosenblum www.ticketdefenselaw.com
New Jersey Attorney Leib Klein www.avvo.com/attorneys/08701-nj-leib-klein-1602182.html 732-987-7040

Great Upstate NY lawyer at very cheap prices. http://jaydrillings.net/

Not that many parking ticket lawyers!
Parking ticket Non Lawyer (NYC)
Cathy Mei She takes 50% to fight the parking or camera ticket
Office Number 212-349-4978
Email 329ticket@gmail.com
Fax 646-699-3630

Parking Expert non attorney (718) 384-5052

Non attorney runner http://www.myticketsnyc.com/

Non attorney runner http://www.wefighttickets.com/

10 Counties in upstate NY have diversion programs, allowing you to dismiss the ticket for a fine and defensive driving class. Conditions and restrictions apply. Check the District Attorney's website for your county: Allegany, Broome, Cayuga, Chenango, Franklin, Livingston, Orleans, Otsego, Tioga, and Wyoming.

This wiki is not legal advice, or the advice of an attorney.
« Last edited by Hirshthg on April 23, 2019, 06:46:09 PM »

Author Topic: Moving Violation Tickets  (Read 531930 times)

Offline HowYaDoin

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Re: Moving Violation Tickets
« Reply #3000 on: August 08, 2017, 12:20:55 PM »
Points kick in from the date of conviction.
And insurance ramifications?

Offline Traveler718

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Re: Moving Violation Tickets
« Reply #3001 on: August 08, 2017, 01:26:31 PM »
Speeding ticket depositions are the one type of deposition the officers always write because almost no information is added. When officers don't answer the court order on time its because they don't know how to fill it out.

If you are doing yourself, just plead not guilty and ask for a plea deal. Better to not get punished for asking for the document.

If you can't make it, all of the *attorneys* in the wiki are recommended.

Thanks for the quick response! If I don't take an attorney, is there a way to ask for a plea deal over the phone or when returning my plea, or must I go in person? And more importantly, what are the realistic plea options I'll be given if I go by myself vs. if I take a lawyer? While I can drive there myself and would be happy to save the lawyer fee, I'd rather choose the lawyer if he'll get me a better deal (e.g. if he can get non-moving and I can only get moving) that will keep my insurance from going up?

Also, if I go myself and don't like what they offer, can I say I want an extension and then get a lawyer, or will they just be annoyed and less likely to work with my lawyer? Lastly, any idea how backed up the Shandaken court is likely to be in terms of scheduling a date?

Offline MeirS

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Re: Moving Violation Tickets
« Reply #3002 on: August 08, 2017, 01:36:37 PM »

Offline dsw193

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Re: Moving Violation Tickets
« Reply #3003 on: August 08, 2017, 01:43:55 PM »
And insurance ramifications?
Both of your questions are addressed in detail in the wiki.

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
  • Location: New York
Re: Moving Violation Tickets
« Reply #3004 on: August 09, 2017, 02:24:23 PM »
I got a ticket for holding my phone while on speaker and pushed off court date until next year- if I plea guilty then do the points on my license kick in effective the date I got the ticket or the date I plead guilty? and even better if I push off the court for 2 years and plea guilty will I get any points on my license as the 18 months passed since the date the ticket was issued?
Your question is addressed in the wiki. For DMV purposes the points kick in on the date of violation. For insurance the points kick in on the date of conviction.

Thanks for the quick response! If I don't take an attorney, is there a way to ask for a plea deal over the phone or when returning my plea, or must I go in person? And more importantly, what are the realistic plea options I'll be given if I go by myself vs. if I take a lawyer? While I can drive there myself and would be happy to save the lawyer fee, I'd rather choose the lawyer if he'll get me a better deal (e.g. if he can get non-moving and I can only get moving) that will keep my insurance from going up?

Also, if I go myself and don't like what they offer, can I say I want an extension and then get a lawyer, or will they just be annoyed and less likely to work with my lawyer? Lastly, any idea how backed up the Shandaken court is likely to be in terms of scheduling a date?
You can't get a deal over the phone in this court.

Your odds of a reduction by yourself are good and your odds for a better reduction with an attorney are better.

If you don't like your offer you have the right to request for an adjournment to retain an attorney.

We are just hitting 400 signatures. Please sign and share. https://www.change.org/p/change-new-york-city-traffic-courts-to-real-courts

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3005 on: August 09, 2017, 07:31:55 PM »
The fight against TVB got picked up by collive.com/show_news.rtx?id=46844&alias=lawyer-aims-to-fight-traffic-court and http://www.vosizneias.com/277048/2017/08/08/new-york-online-petition-aims-to-give-nyc-drivers-better-options-in-traffic-court/
Closing in on 500 signatures.

How many signatures do you think we need until the major news outlets give us a hand?

Offline yelped

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Re: Moving Violation Tickets
« Reply #3006 on: August 09, 2017, 09:02:33 PM »
Write something about how the current setup is anti-women and anti-minority and you'll get the support of all the news outlets.

Online nafnaf12

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Re: Moving Violation Tickets
« Reply #3007 on: August 10, 2017, 12:28:52 PM »

its a moving violation which will affect your record. Print out a copy of VTL 401 and the city code. I believe both say "display" not "stuck to windshield."

sorry i tried finding the VTL 401 online i don't see where i can print it and also whats the city code?
A smooth sea never made a skilled sailor.

Offline popcorn1508

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Re: Moving Violation Tickets
« Reply #3008 on: August 10, 2017, 02:46:59 PM »
Your question is addressed in the wiki. For DMV purposes the points kick in on the date of violation. For insurance the points kick in on the date of conviction.
You can't get a deal over the phone in this court.

Your odds of a reduction by yourself are good and your odds for a better reduction with an attorney are better.

If you don't like your offer you have the right to request for an adjournment to retain an attorney.

We are just hitting 400 signatures. Please sign and share. https://www.change.org/p/change-new-york-city-traffic-courts-to-real-courts

signed.

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3009 on: August 11, 2017, 02:36:27 AM »
sorry i tried finding the VTL 401 online i don't see where i can print it and also whats the city code?
http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-401.html
Whats the city code on your ticket?

signed.
tx, up to 1650 now.

Online nafnaf12

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A smooth sea never made a skilled sailor.

Offline Work-for-ur-muny

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Re: Moving Violation Tickets
« Reply #3011 on: August 13, 2017, 09:28:51 PM »

tx, up to 1650 now.
What will be different for your average Joe Shmoe if the petition is accepted?

Online nafnaf12

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Re: Moving Violation Tickets
« Reply #3012 on: August 14, 2017, 12:03:52 PM »
4-08(j)(3)
its VC70 "Standing or parking a vehicle without showing a current registration sticker.   $65"
http://www1.nyc.gov/site/finance/vehicles/services-violation-codes.page
A smooth sea never made a skilled sailor.

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3013 on: August 16, 2017, 03:03:08 AM »
What will be different for your average Joe Shmoe if the petition is accepted?
Do you want do it yourself or with an attorney?

Say the average Joe get a speeding ticket of 61/40 on the FDR Drive, or 46/25 in any vision zero area, facing 6 points. Plus the cop claims he saw a phone in hand. Average Joe goes to trial, no plea deals allowed. Odds are mire than 50% Joe loses, suspended license and $900 fine.

If the petition passes he can offer a plea to the cell phone, walk away with his license and a $300 fine. With an attorney maybe a fewer points.

Lets say the cop gets angry and writes 12 tickets. Now Joe will lose half or more tickets at trial in front of a dmv employee who doesn't care. If the petition wins the officer will need to issue supporting deps for each ticket, meaning most will be dismissed before trial. The judge will be thinking his upcoming election and you can plea bargain the remaining tickets.

Night and day for the average Joe who receives a ticket.

Offline hocker18

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Re: Moving Violation Tickets
« Reply #3014 on: August 22, 2017, 11:31:21 AM »
I have a license from: Ohio
Commercial/Residential: residential
The ticket was issued in this state: No, Issued in Queens, NY
The ticket was filed in this municipality: Queens
Accident?: no
Ticket one: Cell Phone
I want information on "do it yourself": yes
I want information on "hire an attorney": yes

I received a Queens Cell Phone ticket, I explained that being from Ohio where it is legal to talk on the phone & I was unaware of the intricacies of the law & thought using speakerphone was ok in NY. The officer ran my license and saw I had a NY license 10 years ago and said “the laws haven’t changed since you had a license” and gave me a ticket.

I am now coming up on the 15 days.

1.    Biggest Question - If I plead guilty and get the 5 points, does it count for my home state of Ohio & will it cause my insurance to go up?

2.   If I plead not guilty, is there any way that I don’t need to fly in to attend the hearing in person other than hiring an attorney to represent me?

3.   Assuming I need to attend in person, if I get a bad date, extend once, then get another bad date that I cant be in NY, at that time can I switch to guilty and pay the same $138 fine or will additional costs be assessed?

4.   The officer wrote the wrong vehicle year and wrong vehicle color on the ticket, will that help my case?

Thank you!