It’s always been the same argument.  Our clients are issued traffic tickets in New York and claim that it’s all about revenue generation.  The enforcement and administrative agencies in question respond with a simple “we don’t want to issue traffic summonses or set high fines and surcharges—we just want to encourage everyone to be safe”.

While it may be true that there are indeed many people more concerned with the number of dollars collected than the number of bodies flying through windshields, the “it’s all about money” side of the equation took a big hit yesterday.

Data from a 2008 study of Massachusetts traffic was released and shows that the heavier the police presence, the safer roads become.

More traffic tickets equal fewer accidents. Fewer tickets lead to more accidents.

A co-author of the study– Towson University economics professor Michael Makowsky—said simply that “As you garner a reputation as an area with lax enforcement, people are going to drive a little more recklessly.  Writing tickets and enforcing traffic laws matters.”

The study, written with George Mason University professor Thomas Stratmann, focused on whether roads in towns that sought to raise revenue through traffic violations became safer.

The survey examined 21 months of data collected by Massachusetts police departments between 2001 and 2003. Officers wrote 619,104 traffic tickets – 38 percent for speeding, 13 percent for seat belt violations, 12 percent for not stopping at a stop sign and 9 percent for inspection sticker violations.

Using a complex formula, the study found that for each increase of 100 tickets there were 12 fewer accidents.

The study also found safety is more dependent on traffic law enforcement than on specific traffic laws. For instance, stronger enforcement would reduce accidents more than lowering the speed limit.

The next time you pass a police officer on the highway and mutter under your breath or are pulled over and issued a NY speeding ticket or other traffic ticket, remember this study.  Such enforcement may actually, over time, make the very roads you use safer.

The next question we’d like answered is how much does the fine and surcharge imposed actually promote safe driving?  The study says more traffic tickets means fewer accidents, but would that be true if each traffic ticket simply granted field level access to CitiField and had no negative repercussions?

Our guess is no.  The penalties behind the traffic ticket, not the ticket itself, are what encourage safe driving and decrease accidents on the road.  So how high should these penalties be?  Does $100 promote safe driving, $500 safer driving and $1000 safest driving?  Will DMV hide behind a study like this every time they raise existing surcharges or invent another?   Let’s hope penalties remain relatively reasonable and don’t actually encourage safe driving to the extent that people never leave their garage.

NYTicketHELP learned of this story via Reid J. Epstein of Newsday.  The original story can be found here.

The “summer driving season” is here and officially gets underway Memorial Day weekend.

More vehicles on the road means more potential traffic tickets and more enforcement of the traffic laws.

The National Motorists Association recently ranked the worst places to drive due to what they characterize as unfair traffic laws and public monitoring.

New York didn’t exactly do well on the list, but certainly did better than New Jersey.  New Jersey ranked the worst based on 17 factors, including:

• Speed limits.
• The use of red-light or speed cameras.
• Laws banning cell phone use while driving.
• Whether speeders are allowed jury trials.
• The number of speed traps (weighted by population).

We can’t put it all on enforcement.  Holiday gatherings means drinking and potential dangerous driving and more enforcement certainly has an upside to it.

That said, those driving carefully and otherwise following the rules of the road should beware that, at this time of year, the extra enforcement might very well lead to the issuance of a speeding ticket or other traffic ticket that wasn’t deserved.

If you are issued a NY traffic ticket this holiday weekend, do your research and know your options.  It may be worth your while to fight your traffic ticket in NY.

If you plan to drive outside of NY, here is the National Motorist Association’s entire list:

A recent news item indicated that the Montreal Police union says it’s true: there’s a traffic ticket quota on the Montreal police force.

Montreal Executive Committee chairman Claude Dauphin, the number-two man at city hall, says it’s news to him.

Dauphin figures Yves Francoeur must be talking about a per-day, per-officer average of 18 tickets.

Are there New York traffic ticket quotas?

Chances are you’d get similar reactions.  While most would deny that there are no set specific traffic ticket quotas, we can pose the following questions to shed some light.  If an officer is assigned traffic enforcement over a six hour shift and returns to his precinct to announce that he issued zero summonses over that time, will his Sergent be pleased or disappointed with his performance?  Will future similar performances help or hinder this officer if he tries to advance his career within the department?  What if the officer issued an average of one ticket a shift?  What about two, or 10 or 20…?

To some extent, any NY Police Officer asked to issue moving violation summonses over a particular period of time and in a particular location is expected to do so.  To some extent, those in charge expect a certain number of traffic tickets to be issued.  There are unwritten rules concerning how many summonses issued constitutes a “good, productive day” or a bad day.

Does this mean there are quotas?  Just depends how you look at it.

Prom, graduation, summer break and the start of the annual “Click it or Ticket” campaign (May 18-31, 2009) means more chances for traffic tickets and other driving and license related issues for young drivers.  In many cases, law enforcement and courts treat young drivers more harshly than more experienced drivers in order to send a clear message: driving is serious business.  This potentially costly lesson can be easily avoided.  Our top 10 tips:

1. Wear your seatbelt and use a hands free device for the phone.  Officers will look at each driver and into each vehicle to check for compliance.

2. Registration, inspection and insurance should all be current and proof readily available.

3. If you are in no condition to drive, call a parent or a friend.  Better to crash on someone’s couch than on the highway.

4. “Speed” intelligently.  The flow of traffic is sometimes at a speed greater than the legal limit, but “Everyone else was doing it” is not a defense.   Don’t be the fastest car on the road, and remain in the middle or right lane whenever possible.  Whatever your speed, remain in complete control at all times.

5. Use your turn signals.  An easy spot for an officer is a car changing direction on a roadway without using directional signals.

6. Keep a safe distance from other vehicles.  Another easy spot for an officer is a vehicle following another vehicle too closely,  or unsafely changing lanes right in front of another vehicle.

7. If you are pulled over, stay calm and be smart.  Signal and move to the side of the road safely and as quickly as possible.   Displaying poor judgment and/or driving skills at the start of car stop is not helpful.  And be polite—perhaps you’ll get away with a warning.

8. If you are issued a ticket, know your options and what is at stake.  Points, insurance, big state surcharges and loss of driving privileges are all potential issues.  Do your research – many lawyers offer free consultations – before proceeding.

9. If you are issued a ticket, do not ignore it.  Whether it’s a court or the DMV or a routine patrol vehicle with a mounted license plate reader and/or DMV database access, you will eventually be forced to address the matter.   The longer you wait, the harsher the penalties are likely to be.

10. Take an Accident Prevention Course.  In NY, this course takes up to four points off your driving record and may help reduce insurance rates.  It’s helpful both for drivers with clean records and with prior convictions.

If you see those lights behind you or an officer waiving you to the side of the road, do not assume you are being issued a traffic ticket. I believe, just based on casual conversation with police officers that maybe 25% or more of car stops do not result in a traffic citation. Perhaps it’s a minor equipment malfunction or other issue that will simply result in a warning or perhaps the officer is just in a good mood. My advice is to talk, act and think as if there is still a chance that you can and will avoid being issued a traffic ticket.

With that in mind, here is what you can do (or not do) or say (or not say) after you are pulled over but before you are issued a traffic ticket that may help you avoid being charged with a traffic violation.

• While pulling to the side of the road, don’t panic. Use your signal, look for a safe place to stop and look to stop as quickly as possible. You don’t want the officer questioning your judgment and driving ability simply because you had a momentary lapse in reason once you saw the sirens behind you.
• Stay still once your vehicle stops. Don’t give the officer reason to believe you reached for something or are hiding something. Keep your hands on the wheel and wait for him to get to your vehicle.
• Keep your seatbelt on. Wait until the officer asks and then unbuckle your belt and reach for your license and registration. This both prevents unnecessary movement helps ensure the officer won’t be tempted to issue you a seatbelt summons. Let him clearly see that you were wearing it all along.
• Be polite. Maybe the officer was just going to warn you about some minor equipment issue or just give you a warning in general. Moreover, officers tend to have better recollection of cases where there was some confrontation on the road. When it comes time to deal with the officer later, you don’t want to stand out as a motorist who gave him a hard time.
• If you have a PBA card or other document or information that you feel might discourage the officer from issuing a summons, use it wisely. While you are giving him the paperwork he requested you can show or tell him why he may want to reconsider. If you mention a friend or relative on the force, know which town or precinct he’s in and be prepared to explain your relationship.
• Know where your paperwork is. Your insurance and registration and driver license should all be readily available. If you don’t have something or can’t find it, now you are essentially asking the officer to give you two warnings (one for the underlying reason for the car stop and one for the missing paperwork). The odds of the officer letting two violations go will naturally be less than the odds of the officer letting one violation go.

Some officers are going to issue the speeding ticket or other traffic ticket no matter what you do. However, the “art” of avoiding traffic tickets shouldn’t end once you are pulled over. There is still hope and following these tips can only help.

I was recently at the Queens North TVB office to fight a red light ticket for one of our clients. The issuing police officer was present and prepared for trial.

The officer’s testimony was quite detailed. He remembered where it happened, direction of travel, the set up of the intersection and where my client was throughout his observations. He testified that the signal lights were working properly and that there was a clearly marked crosswalk at the intersection where motorists must stop on red.

The relevant part of the officer’s testimony went something like this (I’m paraphrasing):

“I first saw the motorist at the time the light in question turned to red. I saw the motorist four car lengths from the marked crosswalk. I saw the motorist continue to drive over the crosswalk and straight through the intersection without stopping. I pulled the motorist over on the other side of the intersection…”

Right away it was obvious that a key piece of testimony was omitted. The officer never set forth what color the light was at the time my client crossed over that crosswalk and entered the intersection. The light may have been red when his vehicle was four car lengths prior to the intersection but we need to know if it was still red when he went through the intersection.

I made a motion to dismiss and the judge (reluctantly) granted it. No points, no fine.

Sometimes it’s just a simple omission that leads to a victory. You just need to know what you are looking for so if you happen to hear it (or don’t hear it as in this case) you can take advantage.

New York Met centerfielder Angel Pagan was recently arrested and it wasn’t for “stealing” a base or “robbing” an opposing player of an extra base hit.

Pagan was arrested in Florida on May 7th after being stopped for speeding on I-95. While checking Pagan’s license the officer learned that he was driving with a suspended license and also had several warrants.

Although Pagan had a valid Arizona driver license, his Florida driver license was suspended back in 2005 for failure to pay a traffic fine.

I am not arguing that his transgression will somehow affect the Mets season. Pagan is a minor role player and, even if he was a star, the Mets consistently lead the league in finding new and interesting ways to blow it. Pagan wouldn’t make a difference one way or another.

The point is that outstanding traffic tickets, license suspensions and traffic related warrants should not to be taken lightly. Pagan was driving with a valid driver license—it was outstanding issues in another state that came back to hurt him. These matters must be handled properly the first time around or they will snowball into bigger and more serious issues.

In NY, for example, a simple no point cell phone violation, if not responded to properly, can easily turn into a misdemeanor on the next car stop.

Don’t think a traffic ticket will just go away. You will have to answer it one way or another at some point in time. We have seen client after client come to us with issues that were totally avoidable if only a more minor issue been taken care of in the first place.

Pagan is lucky to have the resources and type of employment that make his arrest easier to deal with. Unfortunately, that’s not true for all of us.

In 2006, New York State Police (the State Troopers) stopped negotiating plea bargains (reducing the severity of the violation charged) with respect to the tickets they issue. The Troopers argue it was a move to prevent allegations of impropriety, favoritism and corruption. Many (myself included) feel it was simply related to overtime and the additional hours in court spent negotiating these deals.

Courts rely on these plea bargains. It allows them to collect fine money, impose a fair punishment on the recipient of the ticket and avoid the more costly and time consuming trial that takes place when a plea bargain has not been negotiated.

I have argued since day one that this was unfair. Whether a driver can negotiate a lower charge and/or fine depends on where they get a ticket and from whom. Moreover, how do we reconcile the fact that an accused murderer is more likely to be offered a deal and negotiated with in certain courts than someone who got caught speeding?

Many lawyers have cited the equal protection clause of the Fourteenth Amendment, which mandates that laws be applied equally to everyone, to argue that the State Police policy prevents drivers from receiving equal justice.

Many towns have avoided the State Police directive by assigning special prosecutors who can offer deals to drivers who are given tickets by troopers. This adds fuel to the equal protection argument, lawyers say, because drivers ticketed by troopers in towns with those special prosecutors are treated differently from those in towns without them.

Without special prosecutors, there have been incidents where judges dismiss or reduce tickets, even when troopers object. There have been two such cases in Dutchess County. Clinton Town Justice Barbara Seelbach last month dismissed “in the furtherance of justice” a speeding ticket issued by state police, ruling it would be an “injustice” to allow the driver to be prosecuted by a trooper who is blocked by state policy from plea-bargaining. Prior to that, in 2007 Milan Town Justice Frank Christensen reduced a speeding ticket issued by a state trooper, saying the policy against plea-bargaining. “regardless of a defendant’s unique circumstances, … is an improper and unreasonable position.”

As a NY traffic ticket attorney, the fact of the matter is that this policy hasn’t affected our clients as much as we expected (we also expected that this would only last for a couple of weeks). There has almost always been a work around like the special prosecutors in situations where the Trooper would otherwise prosecute. That said, I do hope the few hold outs come around soon and that judges who feel their hands are tied will follow the lead of the Dutchess County Justices and side with the motorists.

This case was in the Barker Town Court in Broome County. Our client was charged with:

• Failing to stop at a stop sign (3 points)
• Failing to keep right (3 points)
• Failing to yield to an emergency vehicle (3 points)
• Speeding 115mph in a 65mph zone (11 points)

Retention of our client’s privilege to drive was our number one goal. His particular job depended on it. Thus, we approached the District Attorney’s office with a proposal to structure a plea bargain that brought our client down to 14 points. We knew if we could get to 14 that he could then subtract 4 more points thanks to completion of an Accident Prevention course and would end up with 10 points total. DMV will issue a suspension order at 11 points—thus our goal to get to 10 or less.

Ultimately (after a few months of back and forth) we were able to convince the District Attorney to reduce the speed to 105/65 and to dismiss altogether the failure to yield to an emergency vehicle ticket. This brought the total down to 14 and his privilege was saved.

Fines and mandatory state surcharges were quite high.

I know people will think we didn’t do our job here (14 points!). However, we need to be realistic. Our client could easily have been sentenced to jail time. He could easily have lost his license and paid significantly more than he ultimately did in fines and surcharges.

When someone is issued 20 points worth of tickets at once, it’s not realistic to expect to get out of it with no damages whatsoever. It can happen but it’s not realist to expect it to happen. We handled this client’s case the way we handle all our cases. We looked at the charges, the court in question, our client’s driving history and his particular goals. We came up with an agreed upon strategy and got what we set out to get. Despite the 10 points, we consider this an example of a successful outcome.