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 512041 times)

Offline WAM

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Re: Moving Violation Tickets
« Reply #3435 on: April 18, 2019, 09:42:54 PM »
Ye and a friend of mine was arrested for lying to cops with wrong info,
Yep. Definitely a bad idea - but it worked out.

Online nafnaf12

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Re: Moving Violation Tickets
« Reply #3436 on: April 18, 2019, 09:57:12 PM »
Monroe township
Disobeying traffic sign
Am I ok going to court myself?
Clean record
A smooth sea never made a skilled sailor.

Online KSMH

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Re: Moving Violation Tickets
« Reply #3437 on: April 18, 2019, 10:55:19 PM »
Monroe township
Disobeying traffic sign
Am I ok going to court myself?
Clean record

You mean NJ?

Dont have experience in that particular Township, but usally you can plead to Obstruction or Delayed Traffic.

If you have a hard time with the prosecutor you can always try hiring the public defender on the spot privately for a few bucks.

Dont plead to unsafe driving and pay in the 4-5 range.

If u need more info PM me.

NOT A LAWYER
« Last Edit: April 18, 2019, 11:50:17 PM by KSMH »
Always praying for delayed baggage.

Online nafnaf12

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Re: Moving Violation Tickets
« Reply #3438 on: April 19, 2019, 12:00:21 PM »
You mean NJ?

Dont have experience in that particular Township, but usally you can plead to Obstruction or Delayed Traffic.

If you have a hard time with the prosecutor you can always try hiring the public defender on the spot privately for a few bucks.

Dont plead to unsafe driving and pay in the 4-5 range.

If u need more info PM me.

NOT A LAWYER
Monroe/KJ NY
thanks, was looking for an answer in regards to this court specifically.
I know in Ramapo all they will usually change it to a parking/pump ticket
Hoping that's the case here as well.
A smooth sea never made a skilled sailor.

Offline popcorn1508

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Re: Moving Violation Tickets
« Reply #3439 on: April 22, 2019, 07:26:06 AM »
Going 83 in a 70 zone in Virginia charged with law section 74-1/A46.2-862

From quick search online in seems it's a misdemeanor any advice or contacts for a lawyer.

Offline stooges44

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Re: Moving Violation Tickets
« Reply #3440 on: April 22, 2019, 11:53:50 AM »
Is there any point in trying to fight an improper turn ticket for failing to signal before turning? The guy had me turn on my blinker to see that it's working and then went to the front and back of the car to have it recorded with his body cam  ::)

If I had a cell phone ticket in 2015 shouldn't it be off the record by now? I went to see how many points I have before I pay the above and I still see 5?

If it's not free shipping it's not worth it.

Offline Hirshthg

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Re: Moving Violation Tickets
« Reply #3441 on: April 23, 2019, 06:44:47 PM »
Where can I find info on fighting a ticket in writing in the state of Florida or if that's at all possible?

Someone should start another thread for FL tickets.

Are there any specific lawyers that deal primarily with speeding cameras? I have clear proof that I was not speeding and that the ticket was issued to the wrong vehicle, I submitted the proof and my evidence to the department of finance will see what happens, and if it comes back that I'm guilty I would want to hire a lawyer to see what he can do for me but then again the Ticket is only $50 so don't know what his gain would be?
I think you answered your question. There are attorneys who represent trucking companies who get thousands of dollars worth of tickets, and they litigate some cases. There are also attorneys who offer memberships for retail clients who get a lot of tickets for about $250 a month. But for a single $50 ticket its hard to see why you would hire someone.

if I get a minute I can post a video for you guys and you can see for yourself and you tell me what you think.

basically I was driving down Coney island avenue in Brooklyn while me being in the left lane I was following the flow of traffic ahead of me going around 35 miles per hour which is 100% legal, you're allowed to go 10 miles over the posted speed limit without having a camera flash.

Not correct. The speed limit is 25, and you are not allowed to do 26. You are conceding that you were speeding, but you are arguing that you should be charged with 35 MPH. Is the fine different for 35 MPH that 40 MPH? If not, you are basically arguing that you are guilty.

Bump please 🙏
"I have a u turn moving violation in NYC. I already pushed off the hearing once hoping it would make the points not affect my insurance but then I read the wiki here 😢. The hearing is coming up again. Should I just plead guilty online and pay etc or is it smart to miss the hearing and hope the cop doesnít show up either (or that wouldnít help if I donít show)? Any guidance = greatly appreciated and a like 😊"
There is no point in pushing off, if you are planing on just pleading guilty in the end. I would suggest that you plead guilty on December 30th, so you save a year on the insurance. If you plan on fighting it, you need to show up yourself, or pay someone to go for you.

They also have an affidavit for where they hold a hearing in your absence. I never heard of anyone winning that way.

I got pulled over in Montvale literally a block away from New York. Didn't think of it at the time but wondering what would have happened if I kept driving. Anyone know?
They can issue and file a ticket based on the original place of occurrence, and chase you down to wherever you run to serve or arrest you. They would also tag on charges for failing to obey an order and fleeing.


18 months later, I got a court date, 3 months out, but no deposition. I called the courthouse about it, they told me to mention it to the judge. ... I very respectfully turned to him and said - 'excuse me officer, can you remind me what the statute of limitations is for a moving violation in NY?' He looked down at the date in my ticket, and then turned back to me and said - 'this is your lucky day'.

In NY (upstate) its one year Statute of Limitations for charging a violation. CPL 30.30(1)(d). In NYC its administrative, so the CPL doesn't apply.

If an American living in the States also has a foreign license (i.e. Israel, U.K., etc.), if pulled over would giving the officer the foreign license instead of the U.S. license avoid points? Be illegal or cause legal problems? Would the officer have any way of knowing that the driver lives in the U.S. (assuming he doesn't tell him)?
Officers will often look your info up to see if you have a NY license as well. It is a traffic infraction to hold 2 valid driver's licenses in NY.

A friend of mine 😉 got pulled over in CT. Gave the cop his Teudat Zehut (Israeli ID card) which is mostly in Hebrew. The cop asked for his name and DOB - and let's just say the cop was given the correct information with minor typos. Of course, the cop didn't find him in the system. When the cop asked why he doesn't have his passport, he told the cop that he wanted to keep it in a safe place.
He was issued a ticket which he never paid.v the address he gave the cop wasn't his own, but rather somebody he new.
Eventually after not paying the ticket, his driving privileges in CT were revoked. Of course the name and dob is incorrect so that won't make any difference.
Unless the DMV connects the files and they arrest you for driving with a suspended license. The Department of Homeland Security is updating the DMV software to detect duplicate IDs. The DMV regularly combines files and does not give you notice.

Need some advice. I got a ticket for making a right turn when there was apparently a sign that said no right turns during certain hours. While he had me pulled over, he grabbed another 6 cars that did the same thing, some of them taxis. Any point to going to court and arguing that the sign was obviously not placed properly if 7 of us made the same turn in the span of 5 minutes? As an aside, the copy of the ticket that he gave me has such light writing that I honestly cannot make out even one word... Not sure if that is an argument
They are phasing out the hand written tickets. The judge will probably be able to read it.

As for everyone doing it, everyone violates the law. You can check out the street on google maps to see if the sign is visible.

About what percent of moving violations in NYC are found not guilty if you use a decent lawyer?
50%

all they do is push it off and hope that the cop dosnt show up which usually never happens in NYC (NYPD cops are really board) or for 18m and then they plea guilty and u pay the fine. i never heard of anyone that received a plea in NYC

The real lawyers take the tickets to trial. If the attorney is just pleading guilty, you will be guilty 100% of the time!

+1, though the strategy is generally to push it off so much, so that by the time one is found guilty, the points are ready to fall off almost as soon as they appear (they aren't there until one is found guilty).

Not true. Please see the wiki. You still get the points if you are found guilty, even after 18 months.


So, at least in theory, delaying a guilty verdict for any amount of time in New York does not help the motorist. ... But it still doesn't help with the DMV points and potential suspensions, in any event. (Unless the ALJ who rules on the tickets guilt specifically waives the points for such an old ticket. A good lawyer can help in that regard.)
The ALJ cannot waive the points, as they are assigned automatically by the DMV. The ALJ can waive some suspensions based on points.


The last I checked a handful or two of years ago, NY points only transfer to out of state licenses issued in Michigan, Ontario and Quebec. (I may be off by one state/province, but definitely not NJ.) It's been like that for many decades but possibly changed in the last 5+ years. Similarly, NY will (unless it's changed) only count out-of-state points for NY licenses issued by those three state/provinces. ...
Not correct. NY reports moving conviction to all 49 states. Some states use that report (like NJ) others do not (like PA). You are correct about NY not recording points except from Ontario and Quebec. NY does not record points from Michigan.

Is there any point in trying to fight an improper turn ticket for failing to signal before turning? The guy had me turn on my blinker to see that it's working and then went to the front and back of the car to have it recorded with his body cam  ::)
Its worth 2 points. There may be another defense.

Monroe township
Disobeying traffic sign
Am I ok going to court myself?
Clean record
Monroe/KJ NY
thanks, was looking for an answer in regards to this court specifically.
I know in Ramapo all they will usually change it to a parking/pump ticket
Hoping that's the case here as well.
You can go yourself. They will offer a parking ticket.

If I had a cell phone ticket in 2015 shouldn't it be off the record by now? I went to see how many points I have before I pay the above and I still see 5?
Its 4 years from the date of conviction, the date of violation is irrelevant for falling off the 3 year record. See the wiki.

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Re: Moving Violation Tickets
« Reply #3442 on: April 23, 2019, 06:46:50 PM »
There's no ticket for speeding at 35 with a speeding camera, only at 36 plus will the camera take a picture.
« Last Edit: April 23, 2019, 07:32:58 PM by myi »
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Re: Moving Violation Tickets
« Reply #3443 on: April 23, 2019, 07:19:46 PM »
There's no ticket for speeding at 35 with a speeding camera only at 36 plus will the camera take a picture.
Doesn't make it legal

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Re: Moving Violation Tickets
« Reply #3444 on: April 23, 2019, 07:35:34 PM »
Doesn't make it legal
Never said it was, was against the fact that they said I was going 40 when I was not and another car on the side of me was doing that speed which made it seem as I was the speeding vehicle.
 But whatever.
Can't afford my car being towed and fined for not paying.
Paid it and re-disputed the ticket to see if I can get it dismissed.
Don't try to be someone else , be who you are because everyone else is taken.

Offline Moe Ginsburg

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Re: Moving Violation Tickets
« Reply #3445 on: April 23, 2019, 11:02:26 PM »

There is no point in pushing off, if you are planing on just pleading guilty in the end. I would suggest that you plead guilty on December 30th, so you save a year on the insurance. If you plan on fighting it, you need to show up yourself, or pay someone to go for you.

Wouldn't he be even better off pushing it off until the beginning of January rather than the end of December?

Quote
They can issue and file a ticket based on the original place of occurrence, and chase you down to wherever you run to serve or arrest you. They would also tag on charges for failing to obey an order and fleeing.

I don't believe a police officer can chase him into a neighboring state or arrest him once he left the state the officer is deputized in.

 
Quote

 Officers will often look your info up to see if you have a NY license as well. It is a traffic infraction to hold 2 valid driver's licenses in NY.

It's an infraction to have both a U.S. license and a license issued in a foreign country?

Quote

The Department of Homeland Security is updating the DMV software to detect duplicate IDs. The DMV regularly combines files and does not give you notice.

Their software is programmed to look for foreign IDs to match up with the same person's U.S. ID?
 
Quote

Not correct. NY reports moving conviction to all 49 states. Some states use that report (like NJ) others do not (like PA). You are correct about NY not recording points except from Ontario and Quebec. NY does not record points from Michigan.


New York does not record points from anywhere other than Ontario and Quebec. But does New York record traffic convictions from the other 49 states unto the motorist's DMV record, even without assigning points, where that the insurance carrier will see non-NY traffic convictions on a NY DMV record?

Is there a guide as to which states record New York traffic convictions?
« Last Edit: April 23, 2019, 11:14:10 PM by Moe Ginsburg »

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Re: Moving Violation Tickets
« Reply #3446 on: April 25, 2019, 01:01:02 AM »
Anyone know if a driving without a registration ticket in New Jersey for a NY license will do anything to my insurance? Itís a no points ticket..

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Re: Moving Violation Tickets
« Reply #3447 on: April 30, 2019, 08:47:44 PM »
You can go yourself. They will offer a parking ticket.
thanks, do I have to go during scheduled time or can I go earlier in the day?
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Re: Moving Violation Tickets
« Reply #3448 on: April 30, 2019, 11:22:28 PM »
is there a NJ ticket thread?

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Re: Moving Violation Tickets
« Reply #3449 on: May 01, 2019, 01:31:29 AM »
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