From what we’ve seen lately, it appears that the DMV may be encouraging judges at the TVB to crack down on drivers who continue to ignore seat belt and cell phone laws.

Both violations carry no points. In the past, we routinely told potential and existing clients not to bother retaining our firm to fight cell phone or seat belt tickets unless it was a situation where the individual had some serious existing license issues or we had some reason to believe a conviction would affect the driver’s insurance. Recently, we’ve changed our policy based on case results we’ve either been involved with or been informed of after the fact.

In multiple cases, we’ve seen judges issue suspensions to drivers convicted of driving while using a cell phone or without a seat belt in NYC where one or more such conviction was already on their driving record. We’ve seen too many examples of this to call it a coincidence and we’re now advising anyone with a seat belt or cell phone ticket answerable to the TVB to at least talk to one of our attorneys before proceeding under a false sense of “no points can’t hurt me” security.

Right now the problem is unique to the Traffic Violation Bureau which handles traffic tickets issued in New York City as well as parts of Buffalo, Rochester and Suffolk County. TVB judges have the discretion to suspend motorists for just about any reason. Compare this to the local county, town and village court judges who generally leave the decision to suspend up to the DMV itself. The DMV generally sticks to the “11 points and you are out” rule of thumb and wouldn’t act on the addition of a zero point violation to a driving record and issue an otherwise discretionary suspension.

Feel free to read more about the differences between the TVB and the local traffic courts throughout New York or to contact us if you have any questions about a seat belt ticket or cell phone ticket in NY.

Submitted by Scott Feifer

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.

Many New York traffic tickets are issued for Disobey Traffic Control Device and many people ask us what exactly constitues a “traffic control device”.

§ 153 of the VTL defines a traffic control device as follows:  All signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

§ 1110 of the VTL regulates obedience to traffic control devices.  This is the section of law that would be cited on a NY Disobey Traffic Control Device traffic ticket.  § 1110(a) reads as follows:   Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.

Thus, if you fail to follow the directions indicated on any sign, or any traffic signal, or any marking written on the pavement, you are in danger of receiving a traffic ticket for Disobey Traffic Control Device.

In many ways, this section of law is a catch-all.  There are specific violations for red lights, green arrows, stop signs, speed signs, etc, yet in theory any one of these violations could be written under the general traffic control device section.

A traffic control device violation in New York carries 2 points.  It is often preferable to the more specific violations mentioned above because those generally carry 3 or more NY traffic ticket points.

This section the the NYS VTL is one of the most often cited on traffic tickets.  If you have been issued a traffic ticket for failing to obey a traffic control device, feel free to contact our New York traffic ticket attorneys for a free consultation.

Submitted by Scott Feifer

New York City has designated certain major roadways “truck routes”.  If you are driving a truck in NYC, you must stay on these truck routes.  A truck can only be operated off truck routes in order to make a local delivery or pick up.

NYC truck routes are primarily relatively major roadways within the city.  The regulations are in place to protect residents from the noise and congestion caused by trucks driving on smaller city streets.  Trucks can only be driven on these smaller non-truck routes if necessary.

In New York City trucks and commercial vehicles are two distinct vehicle classifications. Determining the correct vehicle classification is important for properly operating a truck or commercial vehicle in the City, as rules and regulations can vary depending on classification.

• two axles and six tires, or;
• three or more axles

Truck route violations originally were zero point violations.  Today, these violations carry two points and the fines are relatively large to start and increase in large increments if a driver is a repeat offender.

If you are a truck driver in NYC, know the truck routes.  Download and review the 2010 NYC truck route map. Remain on these truck routes unless you must drive off the routes to make a pick up or delivery.  If you do veer off a truck route, make sure you have paperwork documenting the delivery or pick up in question. Without this paperwork, expect a summons if you are pulled over.

Between 2006 and 2008, 553 tickets were issued for speeding at 100 mph or higher in Orange County, Sullivan County and Ulster County.

Almost half of those were issued on State Route 17.

In comparison, police issued 160 tickets to drivers of 100 mph or more on the Thruway, and 82 such tickets on I-84.

As a traffic ticket attorney (and an occasional user of Route 17) I’m tempted to be cynical about the reasons for the higher number of extreme speeding tickets on Route 17 in comparison to other roadways.  Route 17 is one of the most heavily patrolled roadways I’ve seen.  You can’t drive 5 miles without seeing either a car stop in progress or an officer waiting on the side of the road ready to initiate a car stop at any moment.  The attorney advertisements on the billboards along Route 17 are a testament to the excessive number of traffic tickets issued along the roadway. Moreover, some of the most difficult courts we’ve dealt with have been in Orange and Sullivan County which could suggest, if we are being cynical about it, an overall system that is too harsh on drivers.

However, no matter how you look at it, or what the reason for the big numbers on Route 17 is, there is absolutely no excuse for driving at speeds in excess of 100 mph.  It puts yourself and anyone else on the road in extreme danger.  There are formulas involved when designing expressways.  Engineers make sure there is enough time and space between exit signs and ramps for drivers to react safely. Curves are designed to be handled at specific speeds.  Extreme speeding severly impacts a motorist’s field of vision and reduces reaction time.  The probability of a crash increases dramatically.

If you think you have some legal justification for driving that speed, it’s unlikely you do.  It would be an extremely rare situation where the law allowed for an ordinary vehicle and untrained emergency driver to proceed at that speed instead of stopping and calling 911.

While Route 17 may be considered by some to be one giant speed trap, I hope everyone driving over 100 mph is indeed “trapped” sooner than later.  It’s just not safe.

Submitted by Scott Feifer.

1.   There are no right turns on a red light in NYC.  If there is a sign there specifically stating that such a turn is allowed, then it’s allowed.  Otherwise, it is prohibited in all five boroughs.  “I didn’t know” won’t cut it in court should it come to that.

2.  A red light camera ticket is not a moving violation.  The camera cannot identify a particular driver and a moving violation summons cannot therefore be issued against a particular person’s driver license.  Red light camera tickets are treated as parking violations and are issued to the registrant.  If you are the registered owner, you are officially on the hook if a camera snaps a picture of your car disobeying a red light regardless of who was driving just like you’d be responsible for a parking ticket regardless of who actually parked the car.

3.  There is no standard with respect to the length of time a yellow light phase lasts.  Some are shorter and some are longer.  It’s a product of engineering work done at each intersection which considers a number of factors including the traffic flow, the average speed of traffic and the typical visibility a motorist has when approaching the intersection.  The idea with setting the yellow phase is to minimize the number of drivers who enter the “dilemma zone” which is the point on the roadway, while approaching the intersection, where a driver is just not sure what to do and has to decide whether to stop at the intersection or continue through as the light is in the process of changing to red.

4.  Red arrows mean you cannot proceed in the direction the arrow is facing regardless of what other signals (such as an ordinary green disc) are facing you as well.  A flashing red light is the same as a stop sign.

5.  You are permitted to enter an intersection at any point prior to the light entering it’s red phase.  “Entering” the intersection means passing whatever is deemed to be the stopping point at the intersection.  A stopping point is usually a crosswalk or stop line but in some cases is simply the curb lines of the intersecting roadways.  Note that if you were issued a traffic ticket for disobeying a red light, the officer does not feel the light was anything other than red at the time you entered the intersection.

We were able to help a client out with an unsafe lane change ticket today.  The charge was dismissed.

My client explained to me he really didn’t think he did anything wrong.  I sympathized with him.  Traffic tickets like this one are sometimes difficult to accept and to adjudicate because the concept of “unsafe” is subjective.

With speeding tickets or red light tickets, a motorist might disagree with an officer but one of the two must be right (and the other wrong, of course) about what happened.  In those cases, the light was either red or it wasn’t, and the speed of the vehicle was either over the limit or it wasn’t.  There are plenty of other factors in play in cases like those but they are different from a subjective charge like unsafe lane change.

With a subjective ticket like unsafe lane change, the motorist and officer can agree 100% on what occurred but still disagree on whether what occurred constituted a violation.

With a subjective ticket like unsafe lane change, I feel there’s unofficially an extra burden on the issuing officer.  He needs to do more than testify to what he saw or recorded.  He needs to offer testimony as to why what he saw or recorded constituted a violation of the New York Vehicle and Traffic Law.  With measurable offenses like speeding and red light, this is self explanatory.

Today’s case was won based on the officer’s inability to offer sufficient testimony with respect to “why” the lane change described was deemed “unsafe” and worthy of a traffic summons.  The officer merely testified that my client changed lanes “unsafely”.  He offered nothing with respect to why or how the movement was unsafe.  How close was my client to another vehicle?  At what speed was he traveling?  Did he signal?  What was traffic like?  None of these questions were answered.

I knew right away the officer’s testimony wouldn’t be sufficient for the charge to stand.  I made a motion to dismiss and it was granted.

Submitted by NY traffic ticket attorney Matthew Greenberg