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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 this state:
Regular or Commercial license:
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.)

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 York Attorney Benjamin Goldman https://www.benjamingoldmanlawoffice.com/ 212-203-3810
New Jersey and New York 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, Clinton, Franklin, Livingston, Orleans, Otsego, Tioga, and Wyoming.

This wiki is not legal advice, or the advice of an attorney.

Author Topic: Moving Violation Tickets  (Read 633549 times)

Offline Dr Moose

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Re: Moving Violation Tickets
« Reply #2610 on: August 29, 2016, 07:06:02 PM »
I got another ticket today. This time it was for talking on my phone. Though I wasn't actually talking on my phone when he saw me, I was sending a voice note on whatsapp.

When the officer came over and mentioned that he saw me talking on the phone, I stupidly said "that's correct that I was holding my phone, however I was not talking on it at the time."

So he came back with my ticket and said, "I didn't give you for talking on the phone, instead it's for just holding your phone which is not as many points."

Anyway, the ticket he gave me is VTL 1225-D which according to my research is the same they'll give you for texting while driving. Basically carries 5 points if convicted.

The court for this is City of Newburgh. What am I looking at to plead it down? I'll probably use an attorney to represent me on this one.
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Offline Yehuda25

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Re: Moving Violation Tickets
« Reply #2611 on: August 30, 2016, 09:55:06 AM »
I got another ticket today. This time it was for talking on my phone. Though I wasn't actually talking on my phone when he saw me, I was sending a voice note on whatsapp.

When the officer came over and mentioned that he saw me talking on the phone, I stupidly said "that's correct that I was holding my phone, however I was not talking on it at the time."

So he came back with my ticket and said, "I didn't give you for talking on the phone, instead it's for just holding your phone which is not as many points."

Anyway, the ticket he gave me is VTL 1225-D which according to my research is the same they'll give you for texting while driving. Basically carries 5 points if convicted.

The court for this is City of Newburgh. What am I looking at to plead it down? I'll probably use an attorney to represent me on this one.
Oh gosh, invest in this one...

https://www.amazon.com/gp/product/B00UXS7958/ref=oh_aui_search_detailpage?ie=UTF8&psc=1
“To avoid criticism say nothing, do nothing, be nothing.”


― Aristotle

Offline ilherman

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Re: Moving Violation Tickets
« Reply #2612 on: September 01, 2016, 11:51:32 PM »
Anyone with experience in Middletown? Do they give parkings easy?
You can say what you think when you think what you say.

Offline Dr Moose

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Re: Moving Violation Tickets
« Reply #2613 on: September 02, 2016, 07:48:15 AM »
Anyone with experience in Middletown? Do they give parkings easy?
Yes.

If you need an attorney for that area, I've had good experience with Cheryl Beverson.
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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 #2614 on: September 05, 2016, 08:55:20 PM »
I got another ticket today. This time it was for talking on my phone. Though I wasn't actually talking on my phone when he saw me, I was sending a voice note on whatsapp.

When the officer came over and mentioned that he saw me talking on the phone, I stupidly said "that's correct that I was holding my phone, however I was not talking on it at the time."

So he came back with my ticket and said, "I didn't give you for talking on the phone, instead it's for just holding your phone which is not as many points."

Anyway, the ticket he gave me is VTL 1225-D which according to my research is the same they'll give you for texting while driving. Basically carries 5 points if convicted.

The court for this is City of Newburgh. What am I looking at to plead it down? I'll probably use an attorney to represent me on this one.
Classic case of a public servant giving wrong information. Its § 1225-d. Use of portable electronic devices, which is 5 points just like its next door neighbor 1225-c2a. I am inserting the next below. You can see why an officer would think that holding a phone is illegal, but its not. The bold typeface is my addition.

Vehicle and Traffic Law § 1225-d. Use of portable electronic devices

"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.
1-a. No motor carrier shall allow or require its drivers to use a portable electronic device while operating a commercial motor vehicle as provided in this section.
2. For the purposes of this section, the following terms shall have the following meanings:
(a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), hand-held device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device, or any other electronic device when used to input, write, send, receive, or read text for present or future communication.
(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.
(c) “Commercial motor vehicle” shall have the same meaning as such term is defined by subdivision four-a of section two of the transportation law.
(d) “Motor carrier” shall have the same meaning as such term is defined by subdivision seventeen of section two of the transportation law.
3. Subdivision one of this section shall not apply to (a) the use of a portable electronic device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital; a physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department, (b) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle as defined in section one hundred one of this chapter.
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.
5. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a portable electronic device, unless otherwise provided by law.
6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars."

Offline ilherman

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Re: Moving Violation Tickets
« Reply #2615 on: September 05, 2016, 08:59:17 PM »
Yes.

If you need an attorney for that area, I've had good experience with Cheryl Beverson.
My friend did not wanna spend the extra money, he went down for going 81 in 65 MPH zone, got 2 points + $270. I think for 16 over speed limit you get 4 points. Did he get a good deal or a lawyer would been able to reduce it to a parking?
You can say what you think when you think what you say.

Offline Dr Moose

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Re: Moving Violation Tickets
« Reply #2616 on: September 05, 2016, 10:01:22 PM »
Classic case of a public servant giving wrong information. Its § 1225-d. Use of portable electronic devices, which is 5 points just like its next door neighbor 1225-c2a. I am inserting the next below. You can see why an officer would think that holding a phone is illegal, but its not. The bold typeface is my addition.

So if I was holding my phone because I like the feel of it, then I would have an argument based on what you quoted. However, I am assuming it is very hard to prove that you were not using it at the time the officer saw you just holding it.

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Offline Dr Moose

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Re: Moving Violation Tickets
« Reply #2617 on: September 05, 2016, 10:03:29 PM »
My friend did not wanna spend the extra money, he went down for going 81 in 65 MPH zone, got 2 points + $270. I think for 16 over speed limit you get 4 points. Did he get a good deal or a lawyer would been able to reduce it to a parking?
I don't have much experience with speeding in that court, more of stop signs and seat belts. But having dealt with that prosecutor several times, both for personal and business, I think he could've done better.
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Offline ilherman

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Re: Moving Violation Tickets
« Reply #2618 on: September 06, 2016, 01:04:06 AM »
So if I was holding my phone because I like the feel of it, then I would have an argument based on what you quoted. However, I am assuming it is very hard to prove that you were not using it at the time the officer saw you just holding it.
What I understand Hirshthg is trying to say is, since the officer convinced you just for holding your phone, then he has no case against you since it's not illegal to do so.
You can say what you think when you think what you say.

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #2619 on: September 07, 2016, 11:58:08 AM »
My friend did not wanna spend the extra money, he went down for going 81 in 65 MPH zone, got 2 points + $270. I think for 16 over speed limit you get 4 points. Did he get a good deal or a lawyer would been able to reduce it to a parking?
In Wallkill its hard to get a speed down to a parking ticket. I just saw a case where a 6 point speed went down to a $175 parking ticket but that is not the norm.

So if I was holding my phone because I like the feel of it, then I would have an argument based on what you quoted. However, I am assuming it is very hard to prove that you were not using it at the time the officer saw you just holding it. 

Exactly, because the legal presumption (and common sense) is that you are holding the phone in your hand because you are using it. You could testify that you were scratching your nose with it, but the judge doesn't need to credit your testimony by trusting it.

What I understand Hirshthg is trying to say is, since the officer convinced you just for holding your phone, then he has no case against you since it's not illegal to do so.
The officer doesn't "convict you". At a trial, the officer testifies as to what he saw you do. He says I saw a phone in your hand while you were driving. The judge makes the legal leap to find that you were using the phone for an illegal purpose.

Offline Lushkab

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Re: Moving Violation Tickets
« Reply #2620 on: September 07, 2016, 09:42:48 PM »
 Is it legal to use or to hold a GPS? And what about a GPS in the phone?


Offline shulem92

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Re: Moving Violation Tickets
« Reply #2621 on: September 07, 2016, 09:50:21 PM »
Is it legal to use or to hold a GPS? And what about a GPS in the phone?
In NY no

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #2622 on: September 12, 2016, 11:25:53 PM »
Is it legal to use or to hold a GPS? And what about a GPS in the phone?
"hand-held device with mobile data access" Nowadays they apply this section to GPS devices whether in a phone or in another device.

Offline Thingywingy

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Re: Moving Violation Tickets
« Reply #2623 on: September 13, 2016, 01:20:14 AM »
I have a NJ license and got 2 parking tickets overnight in San Diego with a rental car. What happens if I don't pay? Will it go on my record? I cancelled the Amex card on file with the rental company (Payless).

I'm trying to dispute online, and the site requires VIN. Not on contract. Any way to find?
I am sometimes accused of overthinking things. I am still mulling over whether that accusation has merit.

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Re: Moving Violation Tickets
« Reply #2624 on: September 19, 2016, 04:08:25 PM »
I read thru thread, should i just pay $85 for a 2 point NJ ticket(i have NY Licence) Failure to signal.(officer was nice)
Is there a need to Hire a lawyer?

After i pay the points don't transfer?

TIA