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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 521445 times)

Offline avromie7

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Re: Moving Violation Tickets
« Reply #3165 on: March 16, 2018, 11:48:12 AM »
Got a ticket for using a mobile phone in Brooklyn yesterday  >:(. I was eating a Larabar and the cop thought it was a cell phone. He asked to see my call history which I showed him (and it didn't show any calls) and he then proceeded to issue the ticket. Seems like they are doing a serious crackdown in Brooklyn these days as I know a few other people who also got mobile phone tickets and I see cars being pulled over often (I'm in Crown Heights).

This is my first "moving violation" (had my license for 8 years). What are my chances of getting it dismissed? I'd rather not have to pay for a lawyer... Any suggestions are appreciated.
Cell phones have gotten easier to fight in Brooklyn. See People v. Ferguson, Slip Op. 51097(U) (App Term, 9th & 10th Jud Dists, 2017). (A defendant can rebut the presumption that they are using a portable electronic device when they testify.)

Its 5 out of 11 points. Don't be fooled by the $138 fine, its a big ticket.
I found it for you https://scholar.google.com/scholar_case?case=13024919684217426270&q=People+v.+Ferguson,+Slip+Op.+51097(U)&hl=en&as_sdt=6,31&as_vis=1
I wonder what people who type "u" instead of "you" do with all their free time.

Offline ckmk47

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Re: Moving Violation Tickets
« Reply #3166 on: March 16, 2018, 12:00:55 PM »
What about "Use of portable electronic device ("texting") "?  Can the defendant use phone records to prove he wasn't texting, or that statue covers just holding the phone?

I got "OP MV PORT ELEC DEV" for holding my cell while using it as a GPS.
Does People v. Ferguson have any bearing on that?

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3167 on: March 20, 2018, 09:00:45 PM »
"There is a big difference between an expired registration and suspended registration. One is a minor traffic infraction, the other is an unspecified misdemeanor. Either way, if you ignore the ticket your NY driving privileges will be suspended, and NJ will eventually suspend your NJ license. "

Thanks!!! So do I have any options other than traveling 5 hours each way to go to court?
First, let us know whether the registration was suspended or expired, and which County you are in.

Thanks for the reply! Yes, it was orange. But how could it be a parking ticket if it says that the officer observed the vehicle entering the intersection when there wasn't room on the other side etc?
What are my options?

When you were in the intersection, where you moving? No? so you get a parking ticket for parking in the intersection...
This way, the officer doesn't need to appear at a trial.

What about "Use of portable electronic device ("texting") "?  Can the defendant use phone records to prove he wasn't texting, or that statue covers just holding the phone?

I got "OP MV PORT ELEC DEV" for holding my cell while using it as a GPS.
Does People v. Ferguson have any bearing on that?
Hard to see why they would be different. VTL 1225-d uses the same legal presumption used by VTL 1225-c2a. An officer can't know what you are doing with the phone, so they presume that if its's in your hand, you are using it. One would think that the rules governing one refutable presumption would govern the other.

Offline yelped

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Re: Moving Violation Tickets
« Reply #3168 on: March 20, 2018, 09:16:38 PM »
When you were in the intersection, where you moving? No? so you get a parking ticket for parking in the intersection...
This way, the officer doesn't need to appear at a trial.
Thanks again for the reply! It is greatly appreciated!

I was making a right turn, with my turn signal on, waiting for the cars to move up when the signal turned red. It says in the complaint that I wasn't, but that is not true.

Also, how would that make sense for the Judge if it's a parking ticket, and that there is no driver listed but it says clearly in the notes that the officer observed the driver move into the intersection etc.

Wouldn't that be enough to invalidate the ticket?

Offline JoeyShmoe

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Re: Moving Violation Tickets
« Reply #3169 on: March 20, 2018, 09:22:10 PM »
First, let us know whether the registration was suspended or expired, and which County you are in.
Ticket is for expired inspection, not registration, and my inspection had indeed expired.

I live in Ocean County, NJ (not sure what that has to do), the ticket was given the town of Sheldon

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Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3170 on: March 22, 2018, 04:13:35 PM »
Ticket is for expired inspection, not registration, and my inspection had indeed expired.

I live in Ocean County, NJ (not sure what that has to do), the ticket was given the town of Sheldon
There is a diversion program in Wyoming county. You can get the ticket dismissed with a fine and online course, without going into court.

Offline ual902

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Re: Moving Violation Tickets
« Reply #3171 on: March 26, 2018, 12:28:22 AM »
Anyway to fight this handwritten 1110A violation,  Central Park east bound into east 84th street stopping in the bus lane at the traffic light?, more worried about the 2 points because of Geico insurance rates.



Here is the place of occurrence:
« Last Edit: March 26, 2018, 01:34:23 AM by ual902 »

Offline Willie

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Re: Moving Violation Tickets
« Reply #3172 on: March 26, 2018, 11:44:12 AM »
Got a moving violation ticket for failure to heed device by making u turn where sign says no u turn in NYC.. What are my options here?? to be fair the cop was waiting for someone to do it and after he pulled me over he went to the same spot he was waiting in before..

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3173 on: March 26, 2018, 08:17:39 PM »
Anyway to fight this handwritten 1110A violation,  Central Park east bound into east 84th street stopping in the bus lane at the traffic light?, more worried about the 2 points because of Geico insurance rates.



Here is the place of occurrence:

You need to go to trial.

Got a moving violation ticket for failure to heed device by making u turn where sign says no u turn in NYC.. What are my options here?? to be fair the cop was waiting for someone to do it and after he pulled me over he went to the same spot he was waiting in before..

You need to go to trial.

Offline ckmk47

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Re: Moving Violation Tickets
« Reply #3174 on: March 26, 2018, 08:21:04 PM »
You need to go to trial.

Any advice to them on what arguments to use?

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3175 on: March 26, 2018, 08:28:35 PM »
Any advice to them on what arguments to use?
Advise them to conduct a trial themselves? Not sure I should do that...

Offline JoeyShmoe

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Re: Moving Violation Tickets
« Reply #3176 on: March 27, 2018, 10:08:10 AM »
There is a diversion program in Wyoming county. You can get the ticket dismissed with a fine and online course, without going into court.
Thanks!! I can do a diversion program in a different county than where the ticket was issued? How does that work?
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Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3177 on: March 30, 2018, 05:14:26 PM »
Thanks!! I can do a diversion program in a different county than where the ticket was issued? How does that work?

You said "Sheldon." Sheldon is a town in Wyoming County. See http://www.townofsheldon.com/ https://en.wikipedia.org/wiki/Sheldon,_New_York

What county do you think you are in?


Offline landz124

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Re: Moving Violation Tickets
« Reply #3178 on: April 08, 2018, 05:12:04 PM »
The ticket was issued in this state: NY
The ticket is returnable to in this Town/Village/City:
I have a license from: NJ
Commercial/Residential: Residential
Ticket one: Improper Turn 1163A
Ticket two(ex):
Accident?:
I want information on "do it yourself":
I want information on "hire an attorney":
I want both:

Also I dont see the ticket online, should I wait or respond by mail before the 15 days etc.
« Last Edit: April 08, 2018, 05:17:27 PM by landz124 »

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Re: Moving Violation Tickets
« Reply #3179 on: April 11, 2018, 02:21:11 PM »
If I postponed my court date in a NY court do I need to reply to my ticket by my original court date or my new court date is fine?
On ticket it states "Return by mail before or in person on: **/**/****