Archive for the ‘Tips and Advice’ Category

Speeding Tickets In NYC

Thursday, June 16th, 2011

Speeding tickets in NYC are a little different from speeding tickets issued elsewhere in New York. There are a couple of things to keep in mind:

  • NYC traffic tickets in general are contested differently than tickets issued elsewhere.  NYC tickets are handled by the Traffic Violations Bureau (TVB) which is an administrative agency, part of the DMV.  There is no negotiation or plea bargaining at the TVB.  If you would like to challenge and dismiss a speeding ticket or other traffic ticket issued in NYC, you’ll need to schedule a hearing and win the hearing.  (Read more about the TVB and generally how we fight TVB tickets)
  • The maximum speed limit in NYC is 50mph.  Even in areas where the road opens up, the lanes get wider and the traffic lessens, the limit is never more than 50mph.  If you are in the habit of driving in the low 70s on highways with 55 and/or 65mph limits, understand that you can easily get issued a 6 point speeding ticket in NYC for driving that speed.
  • If there is no speed limit posted at all in NYC, the speed limit defaults to 30mph.  Be particularly careful when getting off one of the highways and getting on to local roads.  The limit is usually 30mph and in many cases there is no signage alerting drivers.  Big wide avenues in Manahattan?  Also 30mph speed limit.  Understand that you must keep your speed around 30mph unless you see a sign specifically indicating that the speed limit is higher than 30mph.
  • It is way more likely to be issued “companion summonses” along with your speeding summons in NYC than it is if you are issued a speeding ticket elsewhere.  The congestion on the roadways and the narrow lanes can often lead officers to cite other violations at the same time.  Changing lanes unsafely, changing lanes without signaling and tailgating are the most frequent speeding ticket “companions” we see in NYC.

The nuts and bolts of how speed is measured in NYC is no different than anywhere else and, outside of the unposted rule, the speeding law is the same in NYC too.  The differences above are worth noting though as you drive through the city or as you decide how to deal with an NYC speeding ticket you may already have received.

Submitted by Scott Feifer

NY Traffic Court Profile: Manhattan North Traffic Violations Bureau (TVB)

Thursday, June 9th, 2011

The Manhattan North Traffic Violations Bureau (TVB) office is part of the NYS TVB system.  The TVB is an administrative agency (it is part of the DMV) that handles NYC traffic tickets as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Manhattan North TVB office is located in upper NYC.   It’s on 125th Street. It’s located on the 3rd Floor along with a full service DMV office. Hours of operation for the Manhattan North TVB office are the same as all TVB offices: Monday, Tuesday, Wednesday and Friday 8:30am to 4:00pm and Thursday from 8:30am to 6:00pm.

There won’t be any negotiation or plea bargaining if you are handling a traffic ticket at the Manhattan North TVB. To avoid points and/or conviction for a particular NY traffic violation, you will need to enter a not guilty plea and set a hearing date.  With very few, specific exceptions, your verdict will be either be guilty as charged or a complete dismissal of the charge.

Our firm represents individuals at the Manhattan North Traffic Violations Bureau all day, every day. If you have any questions about a Manhattan North traffic ticket, feel free to give us a call or submit an inquiry via email. We are always happy to provide a free consultation.


View Larger Map

NY Traffic Court Profile: Queens South Traffic Violations Bureau (TVB)

Wednesday, June 1st, 2011

The Queens South Traffic Violations Bureau (TVB) office is part of the NYS TVB system.  The TVB is an administrative agency (it is part of the DMV) that handles NYC traffic tickets as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Queens South TVB office is located in Jamaica, Queens.   Originally settled under Dutch rule in 1656, the English took over in 1664 and renamed it “Jameco” (or Yamecah) after the name they gave to the local Native Americans that lived in the area.  When the British divided New York into counties in 1683, Queens became one of the original counties of NY and Jamaica became the county seat of Queens.  

Don’t expect to negotiate or seek a plea bargaining at the Queens South TVB.  If you would like to avoid points and/or conviction for a particular NY traffic violation, you will need to enter a not guilty plea and set a hearing date.  With very few, specific exceptions, your verdict will be either be guilty as charged or a complete dismissal of the charge.

Our firm represents individuals at the Queens South Traffic Violations Bureau all day, every day. If you have any questions about a Queens South traffic ticket, feel free to give us a call or submit an inquiry via email. We are always happy to provide a free consultation.


View Larger Map

NY Traffic Court Profile: Manhattan South Traffic Violations Bureau (TVB)

Wednesday, May 25th, 2011

The Manhattan South Traffic Violations Bureau (TVB) office is part of the NYS TVB system.  The TVB is an administrative agency (it is part of the DMV) that handles NYC traffic tickets as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Manhattan South TVB office is not a full service DMV.  The closest DMV office is at 11 Greenwich Street New York, NY 10004 (Cross Streets Battery Park Place & Morris St)

The Manhattan South TVB is located on the second floor of what is an otherwise residential building.

There is never any negotiation or plea bargaining at the Manhattan South TVB. If you would like to avoid points and/or conviction for a particular NY traffic violation, you will need to plead not guilty and schedule a hearing. With very few, specific exceptions, you will either be guilty as charged or your ticket will be dismissed at the conclusion of that hearing.

Our firm represents individuals at the Manhattan South Traffic Violations Bureau all day, every day. If you have any questions about a Manhattan South traffic ticket, feel free to give us a call or submit an inquiry via email. We are always happy to provide a free consultation.


View Larger Map

NY Traffic Court Profile: Queens North Traffic Violations Bureau (TVB)

Thursday, May 19th, 2011

The Queens North Traffic Violations Bureau (TVB) office is part of the NYS TVB system.  The TVB is an administrative agency (it is part of the DMV) that handles NYC traffic tickets as well as tickets issued in parts of Suffolk County, Rochester and Buffalo.

The Queens North TVB office is attached to a full service DMV.  The DMV is on the ground floor and TVB Queens North is on the 2nd floor.

There is never any negotiation or plea bargaining at the Queens North TVB. You cannot ask for a reduction and/or fewer points. If you are challenging a summons in Queens North, a hearing will be scheduled. With very few, specific exceptions, you will either be guilty as charged or your ticket will be dismissed at the conclusion of that hearing.

Our firm represents individuals at the Queens North Traffic Violations Bureau all day, every day. If you have any questions about a Queens North traffic ticket, feel free to give us a call.

Queens North TVB
Traffic Violations Bureau
30-56 Whitestone Expressway, 2nd Floor
Flushing, NY 11354


View Larger Map

Not Every NY Traffic Court Is The Same

Wednesday, May 18th, 2011

Traffic Courts in New York fall into one of two categories:

The NYS Traffic Violations Bureau (TVB) and everything else.

The TVB is an administrative agency and is part of the DMV. The TVB handles moving violations issued anywhere in NYC as well as some traffic tickets issued in Suffolk County, Rochester and Buffalo, NY.

Everything outside the TVB jurisdiction will be handled by the various local county, city, town and village courts throughout New York.

If you’ve been issued a traffic ticket, you’ll always have the same three options available to you regardless of the court handling your case.  You can plead guilty, plead not guilty and represent yourself or plead not guilty and retain an attorney.  Beyond these options, however, there are a number of notable differences between the two categories of NY traffic courts.  Here’s a brief look at just some of the differences:

  • The TVB enables drivers to manage parts of their case online. (NYSDMV.com/pleadandpay), by mail or in person.  There is no online option for tickets outside the TVB.
  • At the TVB, there will never be any plea bargaining.  If you have entered a not guilty plea, there will be a hearing which you will either win or lose.  There will be no negotiation or middle ground and no point reductions.  Local courts will negotiate, albeit some more willingly than others.
  • TVB Judges, as an arm of the DMV, can waive or issue discretionary points based suspensions.  Local Judges aren’t connected to the DMV, don’t see a driver’s record and don’t issue and points based suspensions–DMV automatically issues suspensions at 11 points,
  • The TVB generally offers 2 weeks to pay a fine due.  Local courts each have their own time frame.
  • The issuing Police Officer serves as prosecutor in the TVB.  In local courts, there is an actual Assistant District Attorney who prosecutes.

There are plenty of differences to discuss.  Feel free to give us a call if you are dealing with a NY traffic ticket and would like a little more information on the procedure and potential penalties in your court.

Red Light Means Stop

Tuesday, May 10th, 2011

So I just got my first red light camera ticket. I saw the video–I deserved it. Nassau County is $65 richer today thanks to me.

Luckily, red light cameral tickets are simply considered parking violations. They are issued against the vehicle and not an individual driving record. I’m not sure if people have successfully fought them but at least the fine is the end of it. There are no points or insurance ramifications to worry about.

Legal consequences aside, failure to stop at red lights can be extremely dangerous. Here are some very basic red light related reminders:

•    If you are the first car at a red light, don’t rush into the intersection when the light changes.  Give a couple of seconds and an extra look to make sure traffic with the red signal has stopped.

•    If the light is amber, don’t speed ahead to “make the light.”  Slow down and prepare to stop.  Remember that amber lights vary greatly in their timing.  If you have enough time to stop, then stop.

•    If the light is red, certainly stop.  No decision to be made there.  Do it for your own safety, not because you want to avoid a ticket.

•    Know the difference between arrow signals and disc signals.  An arrow, red or green, controls drivers intending to move in a particular direction.  A traditional disc, or circle signal, generally applies to drivers moving in any direction at the intersection.  Pay attention to the types of signals you are facing.

•    If you are in a strange location and don’t know the traffic patterns, traffic signal timing, or intersections, proceed with particular caution.  Many accidents occur when drivers are lost and some intersections can be trickier than others.

Drive Safe.

Submitted by Scott Feifer

Old NY Traffic Tickets Found in Greenburgh Town Court

Monday, May 2nd, 2011

An unbelievable 100,000 unresolved traffic tickets have been found crammed into cabinets at the Greenburgh (Westchester) Town Court.

The moving violations go back as far as 1993. In some cases, the town failed to take certain actions like suspending a driver license, scheduling a trial or sending out fine notices.

I don’t want to get on the Greenburgh Town Court in particular.  It happens to be one of the more reasonable courts we deal with and best I can recall we haven’t had any particularly bad administrative issues with any of our cases.

However, we do have clients who sometimes question why a case is taking so long or why their case in one court is not proceeding just like their previous case in a different court or why a notice was sent from a court that shouldn’t have been sent or how we reported one thing to our client but the court or DMV is claiming something altogether different, etc.  This incident in Greenburgh is important because it illustrates a couple of points that anyone who receives a ticket in one of New York’s local courts should understand:

1.  The NYS DMV will have no idea you received a traffic ticket answerable to a local court unless and until the local court notifies the DMV of it’s existence.  Typically, a local court will only have reason to communicate with the DMV concerning a ticket if an individual is late answering or paying a fine or otherwise somehow delinquent or if a case has been completed and an individual has been convicted of a moving violation.  This is how people get notices from DMV on an old case after years of conducting business as usual (registrations, renewals, etc) with the DMV.  A court finds old tickets and finally notifies that DMV that there’s a delinquency.

2.  COURTS MAKE MISTAKES.  Had to mention that. Yes, lawyers and law firms make mistakes too but I hope an incident like this helps show that it’s not always your lawyer’s fault if something unexpected happens during a case.  Courts are only as efficient as the human clerks they rely on.  As we know, humans make mistakes and these mistakes can range from accidentally hitting the wrong number on a keyboard to stuffing 100,000 tickets into a cabinet.  We’ve ran into situations where there was a court error and everything was corrected in due time.

Note that statute of limitations has nothing to do with this.  Statute of limitations has to do with how long it takes the People to charge an individual with a crime or infraction.  People were charged at the time they got the ticket years ago.  This is simply a delay in prosecuting the charge.

If you receive a notice about an old Greenburgh traffic ticket or other old NY traffic ticket that has long since been forgotten, feel free to call us if you have any questions.  There may be some reasons, most notably the age of the ticket, to think a little outside the box when deciding how to proceed.

Submitted by Scott Feifer, Esq.

Read more about the issue in Greenburgh here.

NY Improper Turn

Friday, April 29th, 2011

Many people question why they were given a ticket for an improper turn when there was no signage prohibiting the turn itself.

An improper turn doesn’t have to do whether the turn itself was legally allowed. The violation has to do with how the turn was executed.

Basically, left and right turns need to be made from as far to the left and right of the roadway as practicable.

A conviction for the traffic violation carries two points.

Here’s the entire relevant section of the NYS VTL.

§ 1160. Required position and method of turning at intersections. The
driver of a vehicle intending to turn at an intersection shall do so as
follows:
(a) Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right hand curb or edge of
the roadway or, where travel on the shoulder or slope has been
authorized, from the shoulder or slope.
(b) Left turns on two-way roadways. At any intersection where traffic
is permitted to move in both directions on each roadway entering the
intersection, an approach for a left turn shall be made in that portion
of the right half of the roadway nearest the center line thereof and by
passing to the right of such center line where it enters the
intersection and after entering the intersection the left turn shall be
made so as to leave the intersection to the right of the center line of
the roadway being entered. Whenever practicable the left turn shall be
made in that portion of the intersection to the left of the center of
the intersection.
(c) Left turns on other than two-way roadways. At any intersection
where traffic is restricted to one direction on one or more of the
roadways, the driver of a vehicle intending to turn left at any such
intersection shall approach the intersection in the extreme left-hand
lane of the roadway lawfully available to traffic moving in the
direction of travel of such vehicle or, where travel on the shoulder or
slope has been authorized, from the shoulder or slope, and after
entering the intersection the left turn shall be made so as to leave the
intersection, as nearly as practicable, in the left-hand lane lawfully
available to traffic moving in such direction upon the roadway being
entered.
(d) When markers, buttons, signs, or other markings are placed within
or adjacent to intersections and thereby require and direct that a
different course from that specified in this section be traveled by
vehicles turning at an intersection, no driver of a vehicle shall turn a
vehicle at an intersection other than as directed and required by such
markers, buttons, signs, or other markings.
(e) U-turns. U-turns shall be made from and to that portion of the
highway nearest the marked center line. Where more than one lane of a
highway has been designated for left turns, U-turns shall be made only
from the lane so designated that is adjacent to the marked center line.

New York Move Over Law Video

Friday, April 29th, 2011

The video is pretty self explanatory.

If you see an emergency vehicle or worker on the side of the road, slow down and mover over a lane when possible.

Get Help NOW!
  • A suspension at 11 points is not always mandatory. Some judges have discretion to waive a points-based suspension.