Celebrating 10 years! 2007-2017

Friends wants me to represent them to fight a speeding ticket.

Is there like a NY traffic ticket practice guide? I went to irishlaw10/07/18
To what end? You look foolish showing up to fight a "done de billcarson10/07/18
I’m not going to do it because it will take longer then he irishlaw10/07/18
Oh. The problem is he will be against a county or municipal billcarson10/07/18
Show up and make a deal. What's there to fight? isthisit10/07/18
Meh, in my pre-lawlyer days I successfully argued one "wasn' wutwutwut10/08/18
Based on above, though, agree the best way to go is to seek wutwutwut10/08/18
its really just contesting facts. the statute is the traffic whiteguyinchina10/08/18
There’s no real practice guide for NY traffic tickets. Thr alphadog1510/08/18
Maybe I can give you some advice. I practice quite a bit of greenhorn10/08/18
irishlaw (Oct 7, 2018 - 7:26 pm)

Is there like a NY traffic ticket practice guide? I went to law school and can’t do something this basic.

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billcarson (Oct 7, 2018 - 7:29 pm)

To what end? You look foolish showing up to fight a "done deal" with no record and no documents. If you are a brand new attorney or a solo then this might make sense to see how traffic attorneys work the cases. If you work at a firm that expects you to bill hourly, this is a colossal waste of at least half a day (these calendars have hundreds of cases set). Does he contest that he was not the driver, that the equipment used by the officer was faulty, that he was mailed a ticket that has nothing to do with him or his registered vehicle?

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irishlaw (Oct 7, 2018 - 7:35 pm)

I’m not going to do it because it will take longer then he thinks...I’d just like to give him “some” advice but realized if I was in the same situation I have no clue where to start...and I have a JD.

He’s contesting the speed he was “clocked” at.

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billcarson (Oct 7, 2018 - 7:37 pm)

Oh. The problem is he will be against a county or municipal officer who, as the court has heard a million times, "has fifteen years four months experience in the use and calibration of this equipment, including taxpayer funded continuing training on the system and all updates to the system every six months." Your friend will have no admissible evidence or foundation to state the equipment was bogus.

His best bet is to show up with some cash and request a stipulated dismissal in exchange for paying them off.

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isthisit (Oct 7, 2018 - 9:32 pm)

Show up and make a deal. What's there to fight?

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wutwutwut (Oct 8, 2018 - 12:32 am)

Meh, in my pre-lawlyer days I successfully argued one "wasn't correct speed clocked at" on the basis that the cop had been balancing the radar equip precariously across the saddle of his motorcycle and (a) at the time he bravely dashed out into 4-lane traffic on foot to wave me over he had to dodge 3 cars accelerating much more quickly than I was (he admitted this was so in court, bless his heart) and (b) at the time he flagged me I was only in gear 2 of 5 (my own testimony), unlikely to be over 50 mph without blowing the engine.

Dismissed. I think largely because the cop was honest that there were other cars catching up/passing me that he had to dodge.

Honestly I should have just ignored his butt and motored on, but I was a young Army sergeant at the time and seriously I can't imagine any of my ilk then would have just blown off a cop on foot trying to flag us down.

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wutwutwut (Oct 8, 2018 - 12:33 am)

Based on above, though, agree the best way to go is to seek diversion or court supervision or whatever is similar in your Jx.

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whiteguyinchina (Oct 8, 2018 - 10:02 am)

its really just contesting facts. the statute is the traffic law. the violation is police officer's testimony. now argue against that. its simple.

once a PO said i crossed a double yellow but it was not possible to see a double yellow from his vantage point. as he was hidden in an intersection and the double line was not painted at the intersection. so i won that ticket.

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alphadog15 (Oct 8, 2018 - 11:18 am)

There’s no real practice guide for NY traffic tickets. Throw out all those notions of justice that you may be familiar with in other court settings because in traffic court it’s all about how the state can get enough money from you as quickly as possible. Just by showing up at the conference the DA’s office will review the record and immediately offer a deal. Usually that deal is a take or leave it offer, and they’re betting you’ll take it as opposed to wasting another day on trial, which you would probably lose.

The only time you’ll have a real headache is if your client has a lengthy negative driving record. The worse the record the harder it will be to negotiate.

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greenhorn (Oct 8, 2018 - 12:38 pm)

Maybe I can give you some advice. I practice quite a bit of criminal and inevitably traffic in NY. First, where is the ticket returnable ?

If it’s outsude of NYC, such as any local Long Island Village Court or Nassau TPVA or Suffolk TPVA, then most likely you will get it reduced to a zero-point violation pretty easily just by appearing and negotiating with the DA. If it’s NYC TVB, then you will either need to try the case or hope the cop doesn’t show....which is a very real possibility. Cop shows, you do a 3 minute trial and the judge will either toss the case, or find your client guilty, except reduce the fines/points from the original violation.

Feel free to ask any questions you have.

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