It’s the answer everyone wants when they call or email.  How do I beat my traffic ticket?  Here’s my general response:

1.  Consider which court system you are in.  It is either a local NY traffic court, where plea bargaining–a reduction of the original charge–is an option or it’s the Traffic Violations Bureau (TVB) where there is absolutely no negotiation or lowering of the charge.

2.  If it is a local traffic court, then it’s not always going to be about an outright “beat” or dismissal of the entire charge.  In most cases the prudent course of action will be negotiating a favorable plea bargain.  While a plea to a lesser charge may not constitute “beat” for some people, most are realistic and consider it a victory if the goals we discuss during consultation–avoiding points, surcharges, license suspension and/or insurance increases–are realized.

3.  If it is the TVB, where we are forced to hold a traffic hearing/trial on TVB traffic tickets, the goal is an outright dismissal of the charge.  Knowing there will be a hearing, many people ask what defense will be offered to beat the charge.  Before the hearing starts, we actually don’t know what arguments we’ll make.  Consider the following:

A.  There are few built in “defenses” we like to use.  Testifying that “I did it, BUT…” is very dangerous at the TVB.  If the judge fails to accept the “but” part of the argument, then you’ve essentially admitted guilt and have more or less lost any chance to win the hearing.  There are almost no “buts” that work.  Broken speedometer or other equipment issue, rushing to a medical emergency, from out of town, clean record, need to use the bathroom, medical condition…all seldom work.  Judges will tell you to call 911, keep your equipment working, etc. and quickly end the hearing and find you guilty of the charge.

B.  Arguments in your defense are “created” on the spot primarily by keeping quiet and looking/listening.  The officer speaks (testifies) first and we listen to his testimony while looking at the original ticket and then reviewing any notes the officer used to help him recall/testify.  We find our arguments in the form of errors, omissions, contradictions or other problems with what we see/hear.  Take two tickets, both written for driving 75 in a 50 mph zone.  In one case we may focus on the officer’s training, in the other we may focus on the location of the speed signs.  We simply don’t know in advance what line of questioning or motion to dismiss is most likely to be successful.

“Beating” a NY traffic ticket depends on a combination of which court, the particular goals of the motorist and the testimony that is ultimately offered against you.  If you have a ticket or issue you’d like to discuss, feel free to contact us and we’ll be happy to consult and evaluate your situation.

Submitted by Scott Feifer.

Speeding tickets are up along Route 304 in Clarkstown.  Watch your speed…particularly where the speed limit dips to 35 MPH in the New City – Bardonia area.

Why is this noteworthy?

One, it’s a good example of how the speed limit can vary on a single roadway.  Sections of Route 304 are 55 mph limit.  It’s easy to forget to slow down when the speed limit changes and officers are most likely to enforce near the area where the limit drops.

Second, I grew up right around there.  It’s a stretch I’ve personally driven hundreds of times and almost never at 35mph.  An otherwise mundane story of speeding tickets that happened to hit particularly close to home.

If you’ve been issued a Rockland County traffic ticket, feel free to contact us anytime.

Submitted by Scott Feifer

When is a medical emergency enough of a situation to excuse disobeying a NYC flashing red light?

Unless you are driving an emergency vehicle, disobeying an flashing red light–and almost all other New York moving violations–is unlikely to be justified based on a medical emergency.

Dr. Herz is a medical doctor who called last week for a consultation.  He could not believe the recent decision against him at the Traffic Violation Bureau.  He presented all the evidence he could.  He is indeed a Doctor and there was indeed a legitimate emergency he was rushing to.  He wanted to know how a judge could possibly ignore the evidence and find him guilty.

The bottom line is only emergency vehicles, equipped with the lights and sirens necessary to warn others on the road, will be legally justified to speed, ignore red signals, etc.  No matter how dire the situation, the law will not favor a private vehicle putting others in danger on the road in order to help someone else.