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 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, nor the advice of an attorney.

Author Topic: Moving Violation Tickets  (Read 997235 times)

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3060 on: October 10, 2017, 02:59:49 PM »
The ticket was issued in this state: NY
The ticket is returnable to in this Town/Village/City: Wallkill
I have a license from: NY
Commercial/Residential:
Ticket one: following too closely
Ticket two(ex):
Accident?: Yes.
I want information on "do it yourself":
I want information on "hire an attorney":
I want both: This

Following too closely is usually issued for an accident which the officer didn't see, which means that he will have a hard time writing a legally sufficient supporting deposition. They will also be happier if you can provide a letter from the insurance company saying that they will take care of the claim. The reason why you may need an attorney is because they won't dismiss for a lack of a deposition without a written motion.

If there was no accident you may be able to plea bargain your way down from this 4 point ticket to a 0 point parking ticket.

Offline Dr Moose

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Re: Moving Violation Tickets
« Reply #3061 on: October 10, 2017, 03:07:57 PM »
The ticket was issued in this state: NY
The ticket is returnable to in this Town/Village/City: Wallkill
I have a license from: NY
Commercial/Residential:
Ticket one: following too closely
Ticket two(ex):
Accident?: Yes.
I want information on "do it yourself":
I want information on "hire an attorney":
I want both: This


I have an attorney which is great in Wallkill. I've personally used her several times in that exact court, (among other times in others courts as well). Her contact info is: Cheryl Beverson - (845) 341 - 0008.

ETA:


It was for the same like you have, 84 in a 65.

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Online Sam Finkelstein

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Re: Moving Violation Tickets
« Reply #3062 on: October 10, 2017, 06:03:27 PM »
Following too closely is usually issued for an accident which the officer didn't see, which means that he will have a hard time writing a legally sufficient supporting deposition. They will also be happier if you can provide a letter from the insurance company saying that they will take care of the claim. The reason why you may need an attorney is because they won't dismiss for a lack of a deposition without a written motion.

If there was no accident you may be able to plea bargain your way down from this 4 point ticket to a 0 point parking ticket.

This was a rear-end collision which the office didn’t see. What do you mean by letter from insurance company?

In general, what’s considered reasonable for an attorney fee?
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Offline WAM

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Re: Moving Violation Tickets
« Reply #3063 on: October 10, 2017, 07:41:52 PM »
This was a rear-end collision which the office didn’t see. What do you mean by letter from insurance company?

In general, what’s considered reasonable for an attorney fee?

The DA's office wants to see that the victim gets compensation before agreeing to go light on the prosecution. Helping victims is a major part of the DA's purpose.

Offline yhaller14

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Re: Moving Violation Tickets
« Reply #3064 on: October 15, 2017, 01:12:50 AM »
Got a ticket in Orangeburg for talking on the phone, which lawyer should I use?
"In the end we only regret the chances we didn't take"

Offline Wizard

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Re: Moving Violation Tickets
« Reply #3065 on: October 16, 2017, 03:59:47 AM »
Does the overpay trick work in NY to avoid points posting to driving record? (Overpay ticket, city sends you check that you don't deposit so ticket is paid but points aren't finalized)

If not, how much approx will my insurance go up for 2 points (I don't have any other points)
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Offline ReadsTheT&C

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Re: Moving Violation Tickets
« Reply #3066 on: October 16, 2017, 02:43:46 PM »
Does the overpay trick work in NY to avoid points posting to driving record? (Overpay ticket, city sends you check that you don't deposit so ticket is paid but points aren't finalized)

If not, how much approx will my insurance go up for 2 points (I don't have any other points)
Pretty sure that's an urban myth http://www.snopes.com/autos/law/ticket.asp

You can get up to 4 points taken off your license by taking one of those online defensive driving courses so you'd get back to 0 at a cost of ~$25. You can google PIRP and find dozens of results that will all do the same thing for you.
« Last Edit: October 16, 2017, 02:47:39 PM by ReadsTheT&C »

Offline Wizard

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Re: Moving Violation Tickets
« Reply #3067 on: October 17, 2017, 01:48:23 AM »
Pretty sure that's an urban myth http://www.snopes.com/autos/law/ticket.asp

You can get up to 4 points taken off your license by taking one of those online defensive driving courses so you'd get back to 0 at a cost of ~$25. You can google PIRP and find dozens of results that will all do the same thing for you.
Thanks!
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Offline Work-for-ur-muny

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Re: Moving Violation Tickets
« Reply #3068 on: October 18, 2017, 01:25:24 AM »
You can get up to 4 points taken off your license by taking one of those online defensive driving courses so you'd get back to 0 at a cost of ~$25. You can google PIRP and find dozens of results that will all do the same thing for you.
Just make sure to break the law for another 2 points so you get a better bang for your buck...  :P

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3069 on: October 19, 2017, 06:25:15 PM »
This was a rear-end collision which the office didn’t see. What do you mean by letter from insurance company?

In general, what’s considered reasonable for an attorney fee?
First get a letter showing the vehicle was insured. Later you may want a letter stating that a payout was made.

$300-$750 on legal fees. Whether you are getting a good price depends in part on what the attorney will be willing to do for you, for that price. Are multiple appearances included? a trial? Motion practice?

Got a ticket in Orangeburg for talking on the phone, which lawyer should I use?
Try checking the wiki.

Does the overpay trick work in NY to avoid points posting to driving record? (Overpay ticket, city sends you check that you don't deposit so ticket is paid but points aren't finalized)

If not, how much approx will my insurance go up for 2 points (I don't have any other points)

Not anymore. The clerk will either return your check or throw it out and then suspend you for not paying.

The increase for 2 points is approximately 5%. Hard to tell because insurance companies won't tell anyone.

You can get up to 4 points taken off your license by taking one of those online defensive driving courses so you'd get back to 0 at a cost of ~$25. You can google PIRP and find dozens of results that will all do the same thing for you.
The DDC doesn't actually remove points. Not sure why thats not on Snopes. The DDC extends your point limit from 11 to 14 and gives you a 10% flat insurance discount. It does not remove points.

Offline Dr Moose

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Re: Moving Violation Tickets
« Reply #3070 on: October 23, 2017, 11:36:24 AM »
After conviction, how kind does it take for the points to show on your driving abstract.
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Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3071 on: October 23, 2017, 01:09:29 PM »
After conviction, how kind does it take for the points to show on your driving abstract.
Should be within a few days after the conviction. Insurance won't be effected until next premium renewal.

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Re: Moving Violation Tickets
« Reply #3072 on: November 08, 2017, 02:51:52 PM »
The ticket was issued in this state:NY
The ticket is returnable to in this Town/Village/City:
I have a license from:NY
Commercial/Residential:Residential
Ticket one: Fld To Stop for School Bus
Ticket two(ex):
Accident?:No
I want information on "do it yourself":
I want information on "hire an attorney":
I want both:
I Passed School Bus after full stop (at school dismissal no kids were on bus or coming to the bus). I Hired an attorney and was guilty 5 points + $350 fine.
Question:Is it worth appealing since p/o did not testify seeing flashing lights cause was apposite side of me however my attorney is not familiar with appealing cases   

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Moving Violation Tickets
« Reply #3073 on: November 09, 2017, 04:27:16 PM »
My friend got a ticket for going 91 in a 65 zone on the garden state parkway in nj. He has a ny license. Is it worth hiring a lawyer ? Points don't transfer correct ? Will it still matter for insurance if he were to plead guilty and play the $220 fine he's facing ? Thanx

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3074 on: November 10, 2017, 01:34:49 PM »
The ticket was issued in this state:NY
The ticket is returnable to in this Town/Village/City:
I have a license from:NY
Commercial/Residential:Residential
Ticket one: Fld To Stop for School Bus
Ticket two(ex):
Accident?:No
I want information on "do it yourself":
I want information on "hire an attorney":
I want both:
I Passed School Bus after full stop (at school dismissal no kids were on bus or coming to the bus). I Hired an attorney and was guilty 5 points + $350 fine.
Question:Is it worth appealing since p/o did not testify seeing flashing lights cause was apposite side of me however my attorney is not familiar with appealing cases

We really do need to know: "The ticket is returnable to in this Town/Village/City"

Next time get an attorney who does appeals...

Hard to know if he objected to the error which would preserve the error for appellate review.

My friend got a ticket for going 91 in a 65 zone on the garden state parkway in nj. He has a ny license. Is it worth hiring a lawyer ? Points don't transfer correct ? Will it still matter for insurance if he were to plead guilty and play the $220 fine he's facing ? Thanx
Won't affect him in NY.

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Re: Moving Violation Tickets
« Reply #3075 on: November 11, 2017, 01:49:27 PM »
Won't affect him in NY.

CMIIW. Unless he gets six points within three years in NJ & that ticket is at least 4. There is no reason why he shouldn’t try a plea by mail. I did it once in NJ for a 48 in a 25 ticket, & got it reduced to a 1-9 over.

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Re: Moving Violation Tickets
« Reply #3076 on: November 12, 2017, 04:43:29 PM »
CMIIW. Unless he gets six points within three years in NJ & that ticket is at least 4. There is no reason why he shouldn’t try a plea by mail. I did it once in NJ for a 48 in a 25 ticket, & got it reduced to a 1-9 over.
How can he do a plea by mail ? I think this ticket is 5 points and he has about 4 points in nj at the moment. How much is the penalty for having 6 points in the same 3 year period for a New York license ?

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Re: Moving Violation Tickets
« Reply #3077 on: November 12, 2017, 11:45:37 PM »
How can he do a plea by mail ? I think this ticket is 5 points and he has about 4 points in nj at the moment. How much is the penalty for having 6 points in the same 3 year period for a New York license ?
Penalty in NJ is around $300-$350

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Re: Moving Violation Tickets
« Reply #3078 on: November 13, 2017, 01:38:43 AM »
How can he do a plea by mail ? I think this ticket is 5 points and he has about 4 points in nj at the moment. How much is the penalty for having 6 points in the same 3 year period for a New York license ?

Call the court with a good reason he can’t make it in & request a plea by mail. Don’t follow what I say blindly as I did this a few years ago & things may have changed.

AFAIK if you receive more than 6 points in NJ within a 3 year period all the points transfer to NY. Idk how much the penalty is but his insurance will def go up & im sure there will be other issues with 9 points total.

A lawyer may be a good idea.

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Re: Moving Violation Tickets
« Reply #3079 on: November 13, 2017, 02:54:57 PM »
Call the court with a good reason he can’t make it in & request a plea by mail. Don’t follow what I say blindly as I did this a few years ago & things may have changed.

AFAIK if you receive more than 6 points in NJ within a 3 year period all the points transfer to NY. Idk how much the penalty is but his insurance will def go up & im sure there will be other issues with 9 points total.

A lawyer may be a good idea.

Are you sure that over 6 points they transfer to NY?