Moving Violation Tickets

[chbochur]

FTFY


Who knows, perhaps Hirshthg can chime in on this one...

That would be great

[Yehuda25]

Got a "failure to signal" ticket on the GSP. Cop was extremely nice BH, she could've given me
1. 83 in a 65
2. Obstructed view

She said just pay the $85 for the ticket online. I have a NY license, the points don't transfer, right? Is this ticket points at all?

[shulem92]

Got a "failure to signal" ticket on the GSP. Cop was extremely nice BH, she could've given me
1. 83 in a 65
2. Obstructed view

She said just pay the $85 for the ticket online. I have a NY license, the points don't transfer, right? Is this ticket points at all?

1. Right
2. Idk

[Yehuda25]

So, per online it's 2 points. So that shouldn't transfer. Awesome! Bh! Cheapest ticket ever

[Yehuda25]

Per what written over here, and via the link below, NYS DMV won't record a 2 point violation.

However this link claims that the insurance could find out about it?

Is that true?

http://newyorkspeedingfines.com/out-of-state-speeding-tickets/out-of-state-traffic-ticket-ny-license/

[shulem92]

Per what written over here, and via the link below, NYS DMV won't record a 2 point violation.

However this link claims that the insurance could find out about it?

Is that true?

http://newyorkspeedingfines.com/out-of-state-speeding-tickets/out-of-state-traffic-ticket-ny-license/

It is possible, because it does get recorded on your new Jersey profile, for instance if u get too many points in new Jersey, nj will suspend your license regarding driving in nj

[Hirshthg]

Quote from: moko on February 03, 2016, 06:56:07 PM
Terri Kalker just got a 6pt speeding ticket dismissed for me.

Quote from: moko on August 01, 2016, 07:23:14 PM
Got the next one dismissed
just lost one 

Don't let anyone tell you that they always win in the TVB. (Not that Terri Kalker Esq. ever would. I am referencing http://forums.dansdeals.com/index.php?topic=45046)

I have a couple of 2 pt. convictions on my IL license in NY. I recently surrendered my Illinois license and got an MA license. Do the points continue to accumulate on my MA license in NY? Is there a need to take a defensive driving course or would that be pointless as now I have an MA license?

Not sure I follow. You had a IL license which received a record from NY convictions? And now you moved to MA from IL and received a MA license?
1. Are you are asking about the old NY convictions on you IL license transferring to MA or,
2. pending cases in NY which have your IL license info, whether those convictions will follow you to MA?

If  understood you correctly:
The first question involves IL and MA law. (Ask a lawyer in IL if the points will be reported and a lawyer in MA if the points will be recorded).
The second questions involves all three states. I believe that NY will report the conviction to IL because the NY DMV is very bad at updating its database regarding out of state drivers' addresses. NY will almost certainly report to IL which may or may not be interested in forwarding that info onto MA which may or not be interested in recording that info.
Yes, it is that complicated....

(I have a Florida license) Got a ticket upstate (ny) for improper lane change, an off duty cop pulled me over in his private car and took my license, waited for a on duty cop to come and the second cop gave the ticket, while the first cop left. The car had it's registration changed recently together with the license plates, when he asked for registration, I (not realizing) gave the wrong card, the cop didn't realise and wrote the old/wrong licence plate and registration that was on the registration card I gave him.

The (obvious) question is will the fact that the registration and license plate are (totally) wrong cause for dismissal, second question, what about the fact that the cop that gave me the ticket did not witness the improper lane change, rather he heard it from the other off duty cop cause for dismissal. Tia

1. Registration and license plate are usually not grounds for dismissal.
2. At trial both officers would need to appear to testify.
3. If a supporting depositions are requested the first officer would need to write them.
4. Was stop legal? On the road these guys do whatever they want... Can you do anything about it? Not worth your time and money.

i recently got a speeding ticket in Massachusetts for going 74 in a 45 and i have a nj license. do the points transfer and does anyone know if it will effect my insurance rate?

Check with MA. Being that MA is NOT a part of the Interstate Driver’s License Compact MA may not report the conviction to NJ. If MA does report to NJ, NJ will assess two points on your record for most violations including speeding. Note, I have no first hand experience with MA or NJ. You do need to take of MA either way. Don't ignore the MA ticket because both MA and NJ will probably suspend you and add fines.

Got a "failure to signal" ticket on the GSP. She said just pay the $85 for the ticket online. I have a NY license, the points don't transfer, right? Is this ticket points at all?

NY regular (not CDL) license and NJ ticket? Just pay it and thank Uncle Andrew.

Per what written over here, and via the link below, NYS DMV won't record a 2 point violation. However this link claims that the insurance could find out about it? Is that true? http://newyorkspeedingfines.com/out-of-state-speeding-tickets/out-of-state-traffic-ticket-ny-license/  "Remember, just because the points will not appear on your New York license does not mean they do not affect insurance. Make no mistake, they will."

er... Have to talk with Adam about this. We have not seen this to be correct. The only way they would find out about the violation s if you told them if they ask you "have you received any traffic ticket convictions". If you answer "I am not telling you" I don't see how they would find out.

It is possible, because it does get recorded on your new Jersey profile, for instance if u get too many points in new Jersey, nj will suspend your license regarding driving in nj

As far as we have heard, the state of NJ doesn't count points/convictions for NY drivers. If you get too many in a local court you could get suspended by the local judge, but that is very rare.

Have an easy fast.

[Yehuda25]

NY regular (not CDL) license and NJ ticket? Just pay it and thank Uncle Andrew.

Thanks! Will pay now.  Uncle Andrew? 

er... Have to talk with Adam about this. We have not seen this to be correct. The only way they would find out about the violation s if you told them if they ask you "have you received any traffic ticket convictions". If you answer "I am not telling you" I don't see how they would find out.

Awesome, Thanks!

Have an easy fast.

[yhaller14]

Asking for a Freind, got a speeding ticket in Monsey doing 22 over, and he's in the first 6 months of his license. Hire a lawyer or they'll put it down to a parking ticket?

[Hirshthg]

Asking for a Freind, got a speeding ticket in Monsey doing 22 over, and he's in the first 6 months of his license. Hire a lawyer or they'll put it down to a parking ticket?

He can try going down himself to try to get a non moving violation. If they offer a moving violation he can reject the offer and come back with a lawyer. Any speeding charge, even 1 MPH will result is a driver's license suspension.

[Dr Moose]

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.

[Yehuda25]

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

[ilherman]

Anyone with experience in Middletown? Do they give parkings easy?

[Dr Moose]

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.

[Hirshthg]

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."

[ilherman]

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?

[Dr Moose]

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.

[Dr Moose]

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.

[ilherman]

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.

[Hirshthg]

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.