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 997100 times)

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: Moving Violation Tickets
« Reply #3180 on: April 11, 2018, 03:07:29 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.
We need to know where you received this ticket, exactly.

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: **/**/****

I can't understand your question.

Offline hide4

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Re: Moving Violation Tickets
« Reply #3181 on: April 11, 2018, 03:50:36 PM »
I can't understand your question.
It states on my ticket I need to send in a reply to my ticket by a certain date, (which is my court date) otherwise license can be suspended... Does that date change if I postponed my court date?

Offline landz124

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Re: Moving Violation Tickets
« Reply #3182 on: April 11, 2018, 06:31:56 PM »
We need to know where you received this ticket, exactly.


I was making a right turn from 7th Ave onto 65th St (coming off the Gowanus) I made left from middle lane (not the right lane)

https://www.google.com/maps/place/65th+St+%26+7th+Ave,+Brooklyn,+NY+11220/@40.6344511,-74.0164255,16.48z/data=!4m5!3m4!1s0x89c2454efafe6961:0xbf0388467970360e!8m2!3d40.6340122!4d-74.0147219

Thanks

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3183 on: April 12, 2018, 04:08:58 PM »
I was making a right turn from 7th Ave onto 65th St (coming off the Gowanus) I made left from middle lane (not the right lane)

https://www.google.com/maps/place/65th+St+%26+7th+Ave,+Brooklyn,+NY+11220/@40.6344511,-74.0164255,16.48z/data=!4m5!3m4!1s0x89c2454efafe6961:0xbf0388467970360e!8m2!3d40.6340122!4d-74.0147219

Thanks

You need to plead guilty or not guilty online at https://transact2.dmv.ny.gov/pleadnpay/

There is no plea bargaining in the TVB. The only way to get ride of these 2 points is to have a trial. You can conduct the trial yourself, or you can send an attorney for you.

Hopefully by the time you get to trial (2 years from now?) the system may change. https://www.change.org/p/change-new-york-city-traffic-courts-to-real-courts

Offline Jellybelly

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Re: Moving Violation Tickets
« Reply #3184 on: April 12, 2018, 07:02:37 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?
was this in New York or New Jersey? Same story happened to me today in New Jersey. What are my options?

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3185 on: April 15, 2018, 03:30:53 AM »
was this in New York or New Jersey? Same story happened to me today in New Jersey. What are my options?
What state are you from?

Try filing out the form:

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:

Offline Jellybelly

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Re: Moving Violation Tickets
« Reply #3186 on: April 15, 2018, 08:44:40 AM »
What state are you from?

Try filing out the form:

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:NJ
The ticket is returnable to in this Town/Village/City: JACKSON, NJ
I have a license from:
Commercial/Residential: RESIDENTIAL
Ticket one: 39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement
Ticket two(ex):
Accident?:
I want information on "do it yourself":
I want information on "hire an attorney":
I want both: WOULD LIKE INFO ON BOTH
sorry, I answered it in the quote

Offline landz124

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Re: Moving Violation Tickets
« Reply #3187 on: April 15, 2018, 03:13:28 PM »
You need to plead guilty or not guilty online at https://transact2.dmv.ny.gov/pleadnpay/

There is no plea bargaining in the TVB. The only way to get ride of these 2 points is to have a trial. You can conduct the trial yourself, or you can send an attorney for you.

Hopefully by the time you get to trial (2 years from now?) the system may change. https://www.change.org/p/change-new-york-city-traffic-courts-to-real-courts

Thanks

Offline 4yourinfo

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Re: Moving Violation Tickets
« Reply #3188 on: April 19, 2018, 10:22:13 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.
There's a diversion program in Livingston County NY too I'd thought I'd share ( actually doing the program now..)

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3189 on: April 22, 2018, 01:58:10 AM »
There's a diversion program in Livingston County NY too I'd thought I'd share ( actually doing the program now..)
Wyoming, Livingston, Allegheny, Franklin, Broome and Tioga all have diversion. Each have different rules and prices.

Offline 4yourinfo

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Re: Moving Violation Tickets
« Reply #3190 on: April 22, 2018, 12:21:11 PM »
Wyoming, Livingston, Allegheny, Franklin, Broome and Tioga all have diversion. Each have different rules and prices.
Maybe someone should ad this info to the wiki it can save people alot of money and is widely unknown...

Offline WAM

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Re: Moving Violation Tickets
« Reply #3191 on: April 25, 2018, 06:26:11 PM »
Maybe someone should ad this info to the wiki it can save people alot of money and is widely unknown...
Feel free.

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3192 on: April 30, 2018, 10:22:11 PM »
Maybe someone should ad this info to the wiki it can save people alot of money and is widely unknown...
The information is somewhat difficult to use, being that each program has different requirements, and people typically don't know which county they are in. There are only 8 or so counties in upstate NY with diversion out of 62 counties total.

Compare: if you get a free consultation by an attorney, they will certainly offer to feed you into the diversion program. At that point you can decide to do diversion yourself.

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Re: Moving Violation Tickets
« Reply #3193 on: May 17, 2018, 07:40:16 PM »
I was pulled over in Lakewood NJ for Improper Passing - Crossing No Pass, the cop took my license and registration but never actually handed me the ticket. There was another officer there, and when I asked if I can go he said yes. I was scheduled a court date but wasn't notified because I never received the ticket, I only found out about the ticket when they sent me a letter to tell me I missed the date.

Is there a law that required the cop to actually hand the summons?

Can anyone recommend an attorney that can help me?

Offline Yehuda25

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Re: Moving Violation Tickets
« Reply #3194 on: May 17, 2018, 11:02:43 PM »
I was pulled over in Lakewood NJ for Improper Passing - Crossing No Pass, the cop took my license and registration but never actually handed me the ticket. There was another officer there, and when I asked if I can go he said yes. I was scheduled a court date but wasn't notified because I never received the ticket, I only found out about the ticket when they sent me a letter to tell me I missed the date.

Is there a law that required the cop to actually hand the summons?

Can anyone recommend an attorney that can help me?
don't they require that you sign it?
“To avoid criticism say nothing, do nothing, be nothing.”


― Aristotle

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3195 on: May 23, 2018, 06:47:00 PM »
I was pulled over in Lakewood NJ for Improper Passing - Crossing No Pass, the cop took my license and registration but never actually handed me the ticket. There was another officer there, and when I asked if I can go he said yes. I was scheduled a court date but wasn't notified because I never received the ticket, I only found out about the ticket when they sent me a letter to tell me I missed the date.

Is there a law that required the cop to actually hand the summons?

Can anyone recommend an attorney that can help me?

Wiki says:
Attorney Matisyahu Wolfberg http://www.speedingdefense.com/
Attorney Adam H. Rosenblum www.ticketdefenselaw.com
Attorney Leib Klein https://plus.google.com/112336751995036615679/about 732-987-7040

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Re: Moving Violation Tickets
« Reply #3196 on: May 24, 2018, 12:59:18 PM »
PSA
Just used a lawyer in Miami Beach got me fully off
 only charged me $99 for his services
 Robert S. Shapiro
2721 Hollywood Blvd.
Hollywood, FL 33020
Office (954) 893-7575
Fax (954) 342-3298

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Re: Moving Violation Tickets
« Reply #3197 on: May 24, 2018, 03:23:50 PM »
Wiki says:
Attorney Matisyahu Wolfberg http://www.speedingdefense.com/
Attorney Adam H. Rosenblum www.ticketdefenselaw.com
Attorney Leib Klein https://plus.google.com/112336751995036615679/about 732-987-7040
Can you prove that you never got the summons?

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Re: Moving Violation Tickets
« Reply #3198 on: May 24, 2018, 07:44:06 PM »
Is there points on a 35mph ticket in a 25 mph zone in Long Beach, NY? Should I plea bargain or fight?

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Re: Moving Violation Tickets
« Reply #3199 on: May 25, 2018, 03:05:18 PM »
Is there points on a 35mph ticket in a 25 mph zone in Long Beach, NY? Should I plea bargain or fight?
3 point speed. Definitely fight it.