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 562727 times)

Offline stooges44

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Re: Moving Violation Tickets
« Reply #3615 on: March 06, 2020, 12:49:00 PM »
Got a cellphone ticket in Monsey NY  Ramapo court for holding a cellphone at face level. The officer admitted I was not talking on it but holding it is the same problem. Should I go down and ask for plea? Will they make it a parking easy? Or should I take lawyer? Also the officer wrote the incorrect time. It was 3:15pm and he wrote 4:15pm. Does that help?


Errmm...
You're wrong
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Offline avromie7

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Re: Moving Violation Tickets
« Reply #3616 on: March 06, 2020, 01:17:36 PM »

Errmm...
1)I'm not sure what the law is in NY.
2) Just because the cop said so doesn't make it true.
I wonder what people who type "u" instead of "you" do with all their free time.

Offline ilherman

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Re: Moving Violation Tickets
« Reply #3617 on: March 07, 2020, 10:49:04 PM »
The law is very clear. Holding a portable electronic device is a moving violation. No need to talk or text.
You can say what you think when you think what you say.

Offline bettyblue

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Re: Moving Violation Tickets
« Reply #3618 on: March 12, 2020, 10:14:24 AM »
Section 1225-D, Use of portable electronic devices, Vehicle & Traffic (VAT)

1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using any portable electronic device on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a portable electronic device on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.

 (b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data.

4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle or while operating a commercial motor vehicle on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays but not including when such commercial motor vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer is presumed to be using such device, except that a person operating a commercial motor vehicle while using a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer shall not be presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.

Enjoy :)

Source: https://www.nysenate.gov/legislation/laws/VAT/1225-D

Offline bettyblue

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Re: Moving Violation Tickets
« Reply #3619 on: March 12, 2020, 10:37:08 AM »
Hi,

I got a "CELL PHONE'' ticket on Garden State Parkway - Middletown Court. The officer claimed I texted, which wasn't true I was talking on my ear Bluetooth. I just took out my phone to call a speed dial. I think the officer didn't even see that.

Does anyone know if you can ask the officer for proof/evidence? Any got attorney's for Middletown court?

Thanks

I'm not a lawyer, this is not legal advice, take this with a grain of salt. Jersey law allows activating or initiating the function of a telephone with one hand, presumably including speed dial. See New Jersey Statutes Title 39. Motor Vehicles and Traffic Regulation 39 § 4-97.3, and State v. Malone, 2011 WL 2582730 (App. Div. 2011). Therefore, presumably you can argue you were initiating the function of your phone, not texting, and the burden would be on the state to prove otherwise.  Good luck.

Offline herb

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Re: Moving Violation Tickets
« Reply #3620 on: April 06, 2020, 06:30:58 PM »
Looking for any info regarding license plate covers and sprays to avoid speed cameras

Offline KSMH

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Re: Moving Violation Tickets
« Reply #3621 on: April 06, 2020, 07:28:38 PM »


I'm not a lawyer, this is not legal advice, take this with a grain of salt. Jersey law allows activating or initiating the function of a telephone with one hand, presumably including speed dial. See New Jersey Statutes Title 39. Motor Vehicles and Traffic Regulation 39 § 4-97.3, and State v. Malone, 2011 WL 2582730 (App. Div. 2011). Therefore, presumably you can argue you were initiating the function of your phone, not texting, and the burden would be on the state to prove otherwise.  Good luck.

I challenge you to find me a municipal court judge in NJ that would go for that argument. Maybe someone can win this on appeal but that costs time and money.
Always praying for delayed baggage.

Offline madopo

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Re: Moving Violation Tickets
« Reply #3622 on: April 20, 2020, 08:34:29 PM »
Got a ticket for holding a cellphone (on Waze) in NY. Fighting it and looking for the best option (lawyer or anything else for that matter) which is relatively reasonably priced. Has anyone ever used Weiss and associates in Manhattan?

Offline ckmk47

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Re: Moving Violation Tickets
« Reply #3623 on: April 21, 2020, 12:49:48 AM »
NY 401.4 Fail to produce Registration.
Can I send in a copy of my valid registration?

Offline Yitz

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Re: Moving Violation Tickets
« Reply #3624 on: April 21, 2020, 07:37:33 AM »
NY 401.4 Fail to produce Registration.
Can I send in a copy of my valid registration?
I recall it used to work that way. You send in the copy and you should be fine. This happened to me many years ago like at least 10 years.

Offline NTorch

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Re: Moving Violation Tickets
« Reply #3625 on: April 21, 2020, 09:47:22 AM »
NY 401.4 Fail to produce Registration.
Can I send in a copy of my valid registration?

Depends on where you are. In Nassau County there is a "driver responsibility fee" which they don't waive.

Offline madopo

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Re: Moving Violation Tickets
« Reply #3626 on: April 21, 2020, 12:52:21 PM »
Got a ticket for holding a cellphone (on Waze) in NY. Fighting it and looking for the best option (lawyer or anything else for that matter) which is relatively reasonably priced. Has anyone ever used Weiss and associates in Manhattan?

Let me rephrase that. What is the best way do deal with a 1225D1 Violation (use of a portable electronic device while in motion)? Any specific attorneys or other resources that you've found work, would be appreciated.

Offline ckmk47

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Re: Moving Violation Tickets
« Reply #3627 on: April 21, 2020, 01:52:29 PM »

Let me rephrase that. What is the best way do deal with a 1225D1 Violation (use of a portable electronic device while in motion)? Any specific attorneys or other resources that you've found work, would be appreciated.
When I tried fighting mine, I said I was using it as a GPS, not a phone. I got back that the statute says “electronic device”, so I got the fine and (5) points.

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Re: Moving Violation Tickets
« Reply #3628 on: April 21, 2020, 07:47:14 PM »



Got a ticket for holding a cellphone (on Waze) in NY. Fighting it and looking for the best option (lawyer or anything else for that matter) which is relatively reasonably priced. Has anyone ever used Weiss and associates in Manhattan?


Let me rephrase that. What is the best way do deal with a 1225D1 Violation (use of a portable electronic device while in motion)? Any specific attorneys or other resources that you've found work, would be appreciated.

When I tried fighting mine, I said I was using it as a GPS, not a phone. I got back that the statute says “electronic device”, so I got the fine and (5) points.

Section 1225-D, Use of portable electronic devices, Vehicle & Traffic (VAT)

1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion; provided, however, that no person shall operate a commercial motor vehicle while using any portable electronic device on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Provided further, however, that a person shall not be deemed to be operating a commercial motor vehicle while using a portable electronic device on a public highway when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer.

 (b) "Using" shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data.

4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle or while operating a commercial motor vehicle on a public highway including while temporarily stationary because of traffic, a traffic control device, or other momentary delays but not including when such commercial motor vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer is presumed to be using such device, except that a person operating a commercial motor vehicle while using a portable electronic device when such vehicle is stopped at the side of, or off, a public highway in a location where such vehicle is not otherwise prohibited from stopping by law, rule, regulation or any lawful order or direction of a police officer shall not be presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.

Enjoy :)

Source: https://www.nysenate.gov/legislation/laws/VAT/1225-D

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Moving Violation Tickets
« Reply #3629 on: May 04, 2020, 10:44:10 AM »
A bit of topic, I have a scheduled hearing today for a moving violation at the Brooklyn North TVB on Atlantic Ave. I did not get a rescheduling notice, naturally there’s no one to talk to on the phone and the website is barely a website.. so no information there either.

Any idea if they’re open?