Since 1991, Weiss & Associates, PC has heard from 100,000s of motorists who have received traffic tickets in New York. We have noticed patterns of questions that motorists commonly ask about fighting a traffic or speeding ticket. Below is a list of some of these questions broken up into 3 categories. But, first, please note that we always patiently explain the process and answer any questions. You can get our free advice at 212-683-7373 or by emailing lawyer@nytrafficticket.com.
At Time Of Ticket Issuance Questions
● I was going with the flow of traffic? This is not a valid defense to a New York speeding ticket. Just because others are speeding does not allow you to join that “flow”. Further, a police officer generally can only stop one motorist at a time so “what about the other speeders” is likewise not a viable defense.
● My speedometer was broken, can that get me out of a ticket? A broken speedometer is not a valid defense in New York.
● How can it be considered speeding when I only sped up to pass another vehicle? If you sped up beyond the speed limit, then it is illegal speeding in New York.
● Is it speeding when I was only going 5 or 6 mph over the limit? Illegal speeding is operating a motor vehicle ANY amount above the speed limit (even 1 mph).
● The GPS told me to make the turn, so I made the turn, is this okay? Following instructions of a GPS device is not a valid defense in New York.
Trial Preparation Questions
● Do I need to appear in court? Most of our clients do not need to appear in court because generally their appearance would not have any impact on the outcome.
● I am guilty so why should I fight this traffic ticket? We recommend pleading not guilty to most traffic tickets as this is the only way to possibly obtain a more favorable outcome. In New York City, you can possibly win on technicalities and, outside of New York City, you often can “win” by getting your case reduced to a less serious offense.
● Can the police officer’s body cam recording get produced at the hearing? In New York City, there is no right to discovery. The only way to possibly obtain such evidence is through a Free Of Information Act request, which takes months and may not be fulfilled.
● What defense will the attorney argue at trial? Each defense is based on the unique facts of the case. Once we are hired, we will work with you to put that together. How we fight your case also depends on the court in which your case is pending.
● Because the Court keeps rescheduling, shouldn’t my ticket be automatically dismissed? No, there are generally no speedy trial requirements in New York State for traffic tickets.
Post Trial Questions
● The ticket was from 4 years ago, how am I found guilty still when it was so old? If the police officer appears and properly testifies, then the age of the ticket is irrelevant. The judge will review the evidence presented and determine guilty (or not guilty) regardless of how long ago the case was issued.
● Doesn’t the ticket get deleted after 18 months? The traffic ticket conviction never gets deleted. Your driving record is always your record. With that said, for DMV suspension and point issues as well as Driver Responsibility Assessment purposes, points from a traffic ticket conviction only count against you for 18 months from the date of offense. In other words, such “old” points do not count anymore for future tickets. They do count for any conviction within 18 months of the date of offense, however. For insurance purposes, however, the conviction can be used against you for 36 months from the date of conviction. Keep in mind if you have multiple tickets within 18 months of each other, and are convicted anytime thereafter (even years later), each time you are convicted, the DMV will go back and count up your total points within the date of offense of that ticket. If you have too many points within that 18 month period, then you may be subject to DMV action.
We trust that this article is helpful but are happy to answer any other questions that you may have about your New York traffic ticket. Call us at 212-683-7373 or email us at lawyer@nytraffictiket.com for a free consultation.
