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New York Traffic Tickets

In New York there are over 3 million registered vehicles. Plus, each day numerous cars enter the state from other jurisdictions. As a result millions of cars travel New York roads each day. Traffic regulations are essential to maintain safety and order. According to the New York Police Department, over 700,000 traffic tickets are issued in New York City alone each year for speeding, failing to stop at a stop sign, and other traffic violations. However, just because a ticket was issued does not mean it was justified. If you receive a traffic ticket, you retain the right to challenge it. Understanding your rights in the context of New York's complex traffic regulations is vital. Not all issued tickets are indisputable, and you have the option to contest them. This is where the expertise of the New York traffic tickets lawyers at Stephen Bilkis & Associates becomes invaluable. Our team is dedicated to guiding and supporting individuals through the process of challenging a traffic ticket.

Types of Traffic Tickets

New York's traffic laws are broad and cover a wide range of offenses. Common types of traffic tickets in New York include:

  • Speeding. Exceeding the designated speed limit. VTL §1180. There are two distinct spending offenses. VTL §1180(B) prohibits driving at a speed greater than a specified speed limit. It directly relates to cases where a driver exceeds the posted speed limit. For instance, if the posted speed limit is 55 MPH, a violation under §1180(B) would occur if the driver is caught driving at a speed higher than 55 MPH. On the other hand, VTL §1180(A) is broader and prohibits driving at a speed that is not "reasonable and prudent under the conditions" or becomes "hazardous" given the circumstances at the time. Unlike § 1180(B), § 1180(A) doesn't rely solely on posted speed limits. It allows for considering factors like weather conditions, visibility, and other situational elements to determine if a driver's speed is appropriate. The distinction between those two sections can be critical in challenging a speeding ticket. In People v. Kehoe, 31 Misc. 3d 931 (N.Y. Just. Ct. 2011), the defendant faced charges of speeding at 92 MPH in a 55 MPH zone on January 27, 2008. The defendant contested a speeding charge citing an inconsistency between the Simplified Information and supporting deposition regarding Vehicle & Traffic Law sections. One referred to §1180(A) while the other referred to §1180(B). The court dismissed the charge, citing that the inconsistency had a material impact on the case.
  • Overdue Parking Meter. Parking beyond the allotted time without replenishing the meter. New York City Traffic Rules and Regulations, Title 34, §4-08(h)(4). According to the New York City Department of Transportation (DOT), there are approximately 80,000 metered parking spaces in New York City. DOT reported approximately $214 million in parking meter revenue in 2017 and $228 million in 2018.
  • Not Using a Turn Signal. Failing to use a turn signal as mandated by traffic laws. VTL §1163. According to the New York Times, in 2018 the New York State Police issued 15,127 tickets for violating section 1163. Why failing to use a turning signal may seem like a small thing, according to New York State is it not. You will also receive two points on your driver’s license.
  • Parking in a Handicapped Zone Without Authorization. Parking in areas reserved for individuals with disabilities without proper authorization. VTL § 1203-c. According to thew New York Department of Motor Vehicles, the fine for illegally parking in a space reserved for people with disabilities is $50 to $150, plus a mandatory $30 surcharge.
  • Making Obscene Gestures and Over-aggressive Driving. Engaging in aggressive driving actions, accompanied by offensive gestures, can result in penalties to maintain road safety and discourage hostile behavior. VTL § 1212
  • Improper Stopping at a Stop Sign. Incomplete stops at stop signs violate traffic rules, leading to fines. VTL § 1172
  • Improper Yielding to a Yellow Light. Failure to yield correctly when encountering a yellow light can result in penalties, emphasizing the importance of traffic signal compliance. VTL § 1111(d)(1)
  • Cutting Off Another Vehicle. Making abrupt lane changes that endanger other vehicles. VTL § 1128

Each violation has its unique set of consequences, and our team of experienced New York traffic tickets lawyers is equipped to provide the guidance needed to address the challenges associated with your specific traffic ticket.

Potential Fines and Penalties

The financial implications of a traffic ticket extend beyond the initial fine. New York imposes fines for various traffic offenses, and these fines can vary depending on the nature of the violation. In addition to fines, many traffic offenses carry the risk of points being added to your driving record. Accumulating too many points can lead to increased insurance premiums and, in severe cases, license suspension.

Understanding the potential fines and penalties associated with your specific traffic violation is critical for making informed decisions about your case. Our experienced New York traffic tickets lawyers can assess the details of your situation and work towards minimizing the impact on your driving record and finances.

How to Fight a New York Traffic Ticket

If you receive a traffic ticket, you can challenge it. Challenging it involves first reviewing the ticket and responding by the deadline that you plead not guilty. You much request a hearing either online or by mail. At the hearing you must present the grounds for which you contest the ticket and supporting evidence. The charges may end up being dropped. Or, you may lose. In the event of an unfavorable verdict, explore options for appeal or compliance with any ordered penalties.

Grounds for fighting a New York traffic ticket include:

  • Dispute the Police Officer's Personal Opinion. Challenge the subjective nature of the police officer's judgment. Traffic violations often involve an element of interpretation, such as determining whether a driver's actions were reckless or careless. Argue that the officer's perception was subjective and may not accurately reflect the situation.
  • Dispute the Police Officer's Presentation of Evidence. Carefully review the evidence presented by the police officer, such as radar readings, witness statements, or any recorded observations. Look for inconsistencies or inaccuracies that may undermine the reliability of the evidence. If there are discrepancies, it can weaken the prosecution's case.
  • Traffic Violation Was a 'Mistake of Fact'. Assert that the traffic violation was a genuine mistake based on the circumstances. For example, if the road signage was unclear or misleading, and you genuinely believed you were following the rules, it could be argued as a mistake of fact. This defense hinges on demonstrating that you had a reasonable belief that your actions were lawful.
  • Circumstances Justified Your Driving. Argue that the circumstances surrounding your actions justified the traffic violation. This defense often involves demonstrating that your actions were necessary to avoid a more significant danger. For instance, if you had to swerve to avoid a collision or drive through a red light to give way to an emergency vehicle, these circumstances may justify the violation.
  • Traffic Violation was Necessary To Prevent Harm. Similar to the circumstances justified your driving defense, this strategy involves asserting that the traffic violation was necessary to prevent harm. For instance, if you exceeded the speed limit to reach a hospital due to a medical emergency, it could be argued that the violation was a result of a higher moral or legal duty to protect life.

Remember, the success of these defense strategies often depends on the specific circumstances of the case and the ability to present compelling evidence supporting your claims. An experienced traffic tickets attorney in New York can assess the viability of these defenses based on the specific details of your New York traffic ticket.

Contact Stephen Bilkis & Associates

At Stephen Bilkis & Associates, we understand the stress and uncertainty that come with facing a New York traffic ticket. Our dedicated team of traffic ticket attorneys serving New York is committed to providing you with the legal representation you need to navigate the complexities of the New York legal system successfully. From understanding the specific charges to formulating a robust defense strategy, we are here to guide you every step of the way. Don't let a traffic ticket disrupt your life. Contact us today for a consultation, and let us put our expertise to work for you. Stephen Bilkis & Associates, you have a trusted ally in the fight against traffic violations. Contact us at 800.696.9529 to schedule a free, no-obligation consultation to discuss the details of your situation. We serve clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.

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