How To Fight A Speeding Ticket In NY?

246 Comments

Do you have questions on how to get a speed ticket dismissed, how to get a speeding ticket reduced in NY, or how to plead not guilty to a speeding ticket in NY?

A dismissal of speeding ticket in is very hard to obtain. Most police officers who issue such tickets are familiar with what they need to say, and great deference is given to their testimony. With that said, there are things that will help you beat your ticket.

The most common way to win is if the officer doesn’t show up for your trial (sometimes two or more “no shows” are needed). Without the issuing officer, the People cannot prove its case. The motorist faced with an unavailable officer should move to dismiss based on “failure to prosecute”.

The next way that a speeding ticket will be dismissed is when the police office makes a major mistake during the trial. Major mistakes include omitting critical information, testifying inconsistently or committing some type of other error. For instance, we recently had an officer who testified perfectly about a speeding charge except he stated that the motorist was proceeding southbound. We adeptly pointed out to the judge that the ticket stated “N/B” (i.e., northbound) and, consequently, the judge dismissed the speeding ticket.

In order to avail yourself of an officer’s mistake, you should be a really good listener and take notes during his direct testimony. Also, when he rests, you get a chance to cross examine the officer. Before you start your cross, ask the officer to see his notes and other relevant paperwork. Read it and looked for anything inconsistent between those documents and his direct testimony. The more inconsistencies that you can point out to the judge, the more likely that the judge will discredit the officer’s testimony.

What is a Supporting Deposition?

Outside of the Traffic Violations Bureau, a motorist in New York can also seek dismissal of a speeding ticket when he or she is not timely served with a supporting deposition. Specifically, when a supporting deposition is demanded, the officer only has 30 days to serve it. This procedure is only available if your officer did not serve the supporting deposition (with your speeding ticket) at the time of your car stop and you timely demand it (i.e., within 48 hours of the issuance of the ticket or within 30 days of the arraignment date).

The foregoing are the most common ways that a speeding ticket can be dismissed in New York. It is not an exhaustive list but certainly provides a good overview. Good luck fighting your case!

Contact our office today for more information on getting a dismissal or how to fight a traffic ticket without going to court.

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246 Comments. Leave new

  • Paula Russotto
    November 6, 2017 11:50 am

    Is it True if anything on the ticket is wrong for example if the color of the car is the ticket supposed to be dismissed

    Reply
    • Matthew Weiss
      November 9, 2017 7:22 pm

      Paula Russotto,

      The wrong color of your car does not render your speeding ticket fatally defective.

      Matthew Weiss

      Reply
  • Received a tint ticket during a checkpoint and luckily had a state trooper friend call the local cop and ask if he could do anything two hours after the ticket was given. Local cop remembered and said he never normally gives those out but had do b/c of the circumstances. He told me to plead not guilty and request the supporting deposition, and he would toss the ticket once received (i mailed it back in the same day.) Coming up on the 30 day mark and obviously no depo but my real question is, should i still be attending the court date listed on the ticket for December? Or when the local cop said he would ‘toss it’ does that mean there is no further action on my art at this time and i do NOT need to show up?

    Reply
    • Matthew Weiss
      November 4, 2017 8:22 am

      Kay,

      You need to show up as this ticket is “in the system” and the court will expect you to appear.

      Matthew Weiss

      Reply
  • I got three tickets while doing a quick stop and go and a stop sign. First obviously being the stop sign (1172A). How many points is that in Nassau County? Second ticket was because I gave the officer my old insurance instead of new, so when he came back he said he wrote a ticket for that, I said I had the new one on me, he just said mail it in, so I guess I won’t receive a fine for that ticket? I pleaded not guilty, sent that in with a copy of my Reg. and my updated insurance card. Third, he gave me a ticket and said I was going 60 in a 30 he told me. My passenger and I both thought no way, but anyway he gave me a unreasonable and prudent speed ticket (1180A). If I did a stop and go at the stop sign, should I just plead guilty for the stop sign, and plead not guilty for the speed ticket. And how to I go about this all. Do I just show up to the court date and explain the situation, and hope it gets knocked down the points for the violation?

    Reply
    • Joe,

      A stop sign ticket is 3 points anywhere in New York State. If you produce valid insurance in the form of a letter from the insurance company, then this ticket will be dismissed. Finally, you should plead not guilty to all 3 ticket as this will maximize your leverage to get the best possible plea deal. You or your traffic lawyer will have to appear at the Nassau County Traffic Violations & Parking Agency to answer these tickets. At that time, you will have a chance to “conference” your three tickets.

      Matthew Weiss

      Reply
  • Hi, Mr. Weiss
    I was driving from Ithaca to Latchworth today via Mt. Morris. I got pulled over by the Mt Morris officer for speeding at 51 in a 30 zone, at a downhill. I just got off from highway 390 which is a 75 zone and I did not see any sign saying it was a 30 zone after that. So I was driving as what DMV said ‘ when you are not sure, not driving over 55’. The car in front of me was also driving faster than me so I just follow the traffic. Until I got back to the road and drove for about 0.5 mile , I saw the village speed limit 30. (I don’t even know I was driving through a village, it was a state park) I planned to plea for not guilty. I need some suggestion on what should I explain on the court or can I mail a letter of explanation with the deposition? I did get a supporting deposition.

    Reply
    • Hao Zhou,

      You should explore a plea bargain, a negotiated settlement that is mutually favorable.

      Good luck!

      Matthew Weiss

      Reply
  • Hello Mr. Weiss,
    Thanks in advance for your advice. I received a traffic ticket for 80 mph in 65 zone on highway I390 NB. The ticket is attached with a supporting deposition stating my words “I was around 80”. In fact, I was saying my speed was near 80. It was not reaching 80. In this case, do you suggest I plea guilty or not guilty? I got a traffic ticket two years ago (76 in 65 speed zone).

    Also I know there is a traffic diversion program which may dismiss charge if the course is completed. How can I get to this step? Thanks,

    Thanks!

    Orion

    Reply
    • Matthew Weiss
      October 20, 2017 9:25 am

      Orion,

      You should plead not guilty to this 4-point ticket as this is the only way to possibly obtain a more favorable outcome.

      The Traffic Diversion Program is a great option for you. You should explore it.

      Matthew Weiss

      Reply
  • Hi Mathew,
    i just got a speeding ticket tonight on the Belt Parkway in Brooklyn while going home from school, i was having a bathroom emergency and didn’t realize i was going a 73 in 50mph. its my first speeding ticket ever, is there anyway i can avoid the points/record or if possible avoid the whole ticket itself?

    Reply
    • Matthew Weiss
      October 13, 2017 8:45 am

      Olu,

      You should plead not guilty as this is the only way to possibly obtain a more favorable outcome.

      Matthew Weiss

      Reply
  • Matthew,
    I was pulled over for speeding in Ulster County by an officer with the Plattekill Police Department. Since I have a clean record, she told me that she gave me a break and only wrote me up for disobeying a traffic control device (1110A). I’m actually quite certain that I was not speeding, since I’m from this area and I know how ticket-happy the local police are, so I watch my speed. However, I was driving a car with FL plates, so I probably seem likely to just plea guilty by mail. Lucky for me, I just moved back so I’m fine with going to court.
    My first question is whether I should request the supporting deposition, since one was not provided with the ticket. I’ve heard some folks say that this may upset the officer and/or D.A. and make matters worse for me. Related to this, I wanted to know whether I am at any risk of having the ticket amended to the higher charge of speeding, or is this 1110A the highest charge they can seek now?
    Any advice on how to proceed would be much appreciated. I’d be willing to accept a fine and a charge that includes no points on my license, but obviously I’d ideally like to get this dismissed.

    Reply
    • Matthew Weiss
      October 5, 2017 12:02 am

      Mark,

      Answers in bold.

      Should request the supporting deposition, since one was not provided with the ticket? No, in opinion. You were already given a break and, if you fight this ticket, the prosecutor could seek to amend the charge back to the original one.

      Am at any risk of having the ticket amended to the higher charge of speeding, or is this 1110A the highest charge they can seek now? See above.

      Any advice on how to proceed would be much appreciated? Pay the ticket and move on. It is a minor offense and only 2 points and, if you fight it, it can get worse for you.

      Matthew Weiss

      Reply
  • Hi, I was pulled over in Suffolk county for going 85MPH on a 55MPH road. I will not fight the officer’s word for this because I do know I was going fast. I was in a rush to get to class, and I was passing the car in front of me. After having a decent amount of space between the car behind me and my car (no cars in front of me), I started slowing down, but the cop already noted my speed. I have a clean record and the officer was extremely kind to me, recommending that I plea not guilty in person. He said I’d have a good chance of bringing down the penalty from telling my story. I went to the offices the day the ticket was issued, but they told me to come back months later for the court date. I’m very confused on what to do because I’ve never gotten a ticket before. How should I go about all of this? Thank you !

    Reply
    • Bobby,

      You should enter a plea of not guilty as this is the only way to possibly save points and avoid the $300 Driver Assessment Fee.

      Matthew Weiss

      Reply
  • Alessandra Napoli
    September 21, 2017 9:59 am

    Hi Matthew,

    I just got a speeding ticket in the town of Long Beach, NY for going 57mph in a 30mph. It is my first speeding ticket and I have read that I should plead not guilty and fight it. I am questioning the validity of my speed. It was rush hour in Long Beach and there are lights every few feet. I don’t see how I was going 57 mph. Also, he was in the right lane and I was in the left. I was so unaware that when he was behind me I thought he was trying to get around me. I didn’t know I was getting pulled over. When I got pulled over, I asked him why? Also, I think it was some sort of sting operation. This morning there were cops everywhere. As I was pulled over, a woman got pulled over in front of me and then someone behind me. I think they are trying to fill a quota and I think they got the wrong person. I was wondering if you think I should plead not guilty and try to fight it. I see that it is a $288 fine and 6 points on my license. That is a very hefty penalty for something I don’t think I am guilty of. How would you advise? I have no problem stating my case in court. What do you think would happen in court, even just the minimum reduction? This is my first time dealing with this.

    Thank you,
    Allie

    Reply
    • Alessandra Napoli,

      You should plead not guilty as this is the only way to possibly obtain a more favorable outcome. In my opinion and experience, you should be able to get this 6-point speeding ticket reduced to a 2 to 4 point ticket.

      Matthew Weiss

      Reply
  • Hi Matthew,

    I am a Canadian driver(Ontario) received a speeding ticket in I-90 NB few miles before border crossing at 71MPH in a 55MPH zone. I was doing only between 60-65 overall but it just the downhill it hit 71 and my speedometer for miles is small since its Canadian car. This is my first speeding ticket so far and mentioned in the ticket to appear in court on Oct03,2017 or by email. Please advise how to deal with this by email or in person, and also if by email plead guilty or not plead guilty. Is there anyother way I can call them and do phone negotiation. Any suggestions would be appreciated as this worries me since this is my first one.

    Prab.

    Reply
    • Prab,

      Because points from New York transfer to Ontario, we recommend that you fight this ticket. We represent many drivers from Ontario and are very familiar with your demerit point system demerit. This ticket carries 3 demerit points and 4 NY points.

      You should therefore plead not guilty and fight this ticket as this is the only way to possibly obtain a more favorable outcome.

      Matthew Weiss

      Reply
      • Hi Matthew, I pleaded not guilty by mail and have received a letter saying the court accepted not guilty plea, and to appear for pre-trial conference with town prosecutor. Can you please advise how to handle this.

        Thanks, Prab

        Reply
  • I was stopped for legally passing a motorist that was doing 45 mph in a 55. it was a 2 lane road with the permission to pass on the left. As I was in a decline of a hill I attempted to pass the motorist. When I was next to the car, the driver decided to speed up leaving me in the left lane, which was oncoming traffic…..which ended up being a State Trooper. The summons was for speeding….but the locations states “US20” no other location description. Is that ruled for dismissal? State Tropper was “being kind” cause he didnt give me a ticket for “Unsafe lane change” which I dont know how it was unsafe. Can I fight this? I have a CDL permit and am in the process of getting hired by a municipal bus company in upstate NY. Worried this will shoot me down.

    Reply
    • Willie P,

      Plead not guilty and appear on your court date. If you’re polite and dressed respectful, you likely can negotiate this down to a less serious charge.

      Good luck!

      Matthew Weiss

      Reply
  • Hi Matt,

    Thanks for taking the time to answer these questions.

    I got ticketed going 71 in a 50mph zone on 295I in Queens. I find it very hard to believe I was going that fast or that the officer was able to clock me with his radar going that fast (this was a three-lane highway, I was in the left-most lane, the officer was on the shoulder off the right-most lane, and there were cars in front, behind me, and in the other two lanes to my right, which of course I can’t prove but I remember thinking before his lights went on that the highway was crowded that day). On the ticket, the Officer’s name and ID is provided, but in the space where it says, “Radar Officer’s Name” “ID#” etc it’s blank. Does that mean he only did a visual assessment of my speed? In which case, could I reasonably expect for the TVB judge to move that down to 70 in a 50, which would save me points and the $300 assessment fee?

    As a kicker, if I was speeding, it was only because my wife was 9 months pregnant at the time and thought she was going into labor, so I was on my way to meet her at the hospital and obviously had a sense of urgency (in the end, the labor pains turned out to be a false alarm). I can produce documents from the hospital confirming we were there on the date of the ticket. Do you think this would help me persuade the judge to offer a reduction?

    Thanks!

    Reply
    • Matthew Weiss
      August 18, 2017 12:18 am

      Aaron,

      A 1 mph amendment is not unreasonable to request. Many TVB judges will grant such an amendment.

      Your justification defense likely won’t make a difference. Ask for it from the outset of your hearing to maximize your chances of getting it granted. Good luck!

      Matthew Weiss

      Reply
  • Marianne McGinty
    August 4, 2017 7:54 pm

    I was passing about 6 vehicles, they were staying well behind the trooper going about 35 mph in a 40. I was in a hurry, new job running late, but- I legally passed them ( as I was in the passing lane ) I’m not sure how fast I was going because up ahead I immediately noticed the trooper. I slowed way down, to legal limit of 40 mph. I saw the trooper pull over onto the road waiting. I was clearly passing at least 6 cars, but, not at the speed he said? b/c I never got to pass those cars. As soon as I saw him I ducked into the first 3 cars I was trying to pass. He said he had a ” dual stalker”.( specificity and sensitivity for this device given my proximity to the officers vehicle)?Clocked me at 73 in a 40? He told me I would have gone above 80 mph if I hadn’t slowed down. How could he possibly know this when I was at least 60 feet away from him? Furthermore, I am a Nurse Practitioner, I admit, I should have been more mindful, however, 33 miles over the limit? I believe his police officer was exaggerating and didn’t give a darn about my professional license, I didn’t hurt anyone. He said ” nothing personal” . Ever hear of taking in all the information, and making a career guided, evidenced based decision? I do this every day when I clear or don’t clear patients for CMV exams. I haven’t had a speeding ticket in many many years > 7 at least . Just wondering when latitude is warranted given the fact I stated I was totally wrong ( apparently because I didn’t look at my speedometer). Is he out for blood, or just unreasonable? I understand there COULD have been dire consequences but there were not. I was already late so I stopped at “Tim Hortons” for a coffee,didn’t have my home brewed. No and behold, who shows up but the same trooper. I went inside and asked if I could pay for his coffee? I was told ” No, we give them coffee for free and food at a discount”. How nice, and well deserved. But, isn’t that interesting, Latitude and gratitude? But, none for the hard working,life saving Nurse practitioner. Put her in the locks! Doesn’t say much for our finest, along with the profession comes community communication skills. His ticket- eh ! He would have been more effective if he had said to me ” Marianne, slow down, you wouldn’t want to live with yourself if you hurt someone or yourself’. PEOPLE SKILLS NEEDED TROOPER FINEST.Thank you.

    PS In addition, felt when he approached from the passenger side, I had my hands on the steering wheel “10 and 2”. Enough said.

    Reply
    • Matthew Weiss
      August 6, 2017 1:10 pm

      Marianne McGinty,

      I’m sorry to hear about your speeding ticket. I recommend that you plead not guilty and, on your court date, dress decent and be polite. You likely can negotiate this down to a less serious charge.

      Good luck!

      Matthew Weiss

      Reply
      • Marianne McGinty
        August 6, 2017 1:47 pm

        Thank you. I have retained an attorney. I make an excellent presentation but I was told by the legal assistant that I didn’t need to be there? I think I should be as well. This lawyer doesn’t know anything about me. I am a Nurse Practitioner and plan to open my own business. I’m worried this will affect everything. An other recommendations are welcome.

        Marianne

        Reply
  • Matthew,

    Quick question for you… Got pulled over this morning doing 72 in what should have been a 65. When the Trooper approached me, he claimed I was in a work zone (was not, no workers present or even cones when I passed his patrol car) and indicated that the speed limit was in fact 55. I was running on fumes and I did speed up (to 72) to pass a truck so I could make my exit to get fuel. On the ticket itself, the location he indicated the stop occurred was actually about 6 miles behind (on the interstate) where the observation/stop happened (and he only wrote down part of my license plate).

    while on the traffic stop, on an off ramp waiting for the trooper to finish writing the ticket, my car died (out of gas) and I had to push it to the gas station and then got on my way. I bring this up, only because I took a photo of my cars gas gauge while we were stopped and the photo is geotagged so I know exactly where I was and I have a receipt from the gas pump.

    Given that he is claiming that I was in a work zone (I’m fairly certain I wasn’t) is the location on the ticket super relevant to my defense? Additionally, I am scheduled to deploy soon…. initial court hearing is in two weeks (I’m assuming to enter the plea only?) but I’ll be gone in about 8 weeks….. how should I play that/handle it as it relates to the actual court date.

    Additional info: first time ever getting pulled over, and am from IL… just stationed up in NY

    Thanks a bunch in advance for your time.

    Reply
    • Matthew Weiss
      August 1, 2017 6:09 am

      Austin,

      Because it will be your words against the officer’s regarding the place of occurrence, you could easily lose that “debate” despite your evidence. I would try to negotiate this speeding down to a less serious charge rather than rolling the dice.

      Matthew Weiss

      Reply
  • I am from MD (7/17/2017) and I was on my way to Canada when an officer pulled me over. He stated that I was speeding 85 mph on a 65 mph. I stated that I did not know that I was speeding and apologized to him. This is my first time being issued a ticket in about 10 years of having my MD license. Should I plea guilty? Is there any way that I can have this case dismissed?

    Reply
    • Matthew Weiss
      July 26, 2017 1:04 am

      Morph,

      Points from a NY conviction will not transfer onto your MD license. With that said, a NY conviction will be reported to MD and, therefore, could be picked up by your auto insurer.

      Matthew Weiss

      Reply
  • 6/29/17 I was issued a speeding ticket the officer stop me a block after didn’t realize I was being stopped he stated I was doing “like 40” speed limit was 25mph I didn’t know that honestly I only had my license for 22days at that time not to mention I was in a Zipcar when he came back he said this is a summons next time slow down I didn’t know I was speeding so the officer made it sound like it was a warning yesterday I got email I filled it out and it say “spd unposted 11-30 4 points driver points what should be my next step??

    Reply
    • Matthew Weiss
      July 18, 2017 11:53 pm

      Eddie,

      Your next step should be to plead not guilty and fight this ticket. Given that you were apparently on probation when you received this ticket, you need to fight this speeding ticket to possibly avoid losing your newly-issued license.

      Matthew Weiss

      Reply
      • So I plea not guilty my hearing day is March 2018 I have one more question as for the points are they on my record now ?? Cause I haven’t take the defensive class and looking for to doing so

        Reply
  • Hello! I received a speeding ticket in the Town of Schroon, NY – 1663 – Essex Co. (86 in a 65) on the I87. I’ve had one speeding ticket before in 2008, which I’m assuming should no longer be on record. I did not admit any guilt to the officer. When pulled over, the officer told me that I was speeding down the hill. I’d like to point out that there were lots of hills that required more gas/acceleration going up… which would inadvertently cause one’s car to accelerate more downhill. I was unaware of my alleged speed (radar – stalker dual). I was driving my sister’s car traveling to Plattsburgh to take my niece to orientation at college. While I am licensed to drive (est. 2003), I do not, nor have I ever owned a car (insurance rates not a factor). However, after researching I realize that the penalty is 6 points in conjunction with additional fines of $100 per year for 3 years on top of the regular fine. Considering I will have to rent a car to return to court, is it worth pleading not guilty? I don’t notice any mistakes on the ticket. However, my planned defense is the fact that the officer was perched downhill (considering gradient of hill, weight of car, etc) with the exception of riding your brakes, it is virtually impossible that one’s car would not increase in speed. Certainly that is the reason the Trooper was downhill as opposed to uphill.

    Reply
    • Matthew Weiss
      July 16, 2017 2:38 pm

      John,

      Your “downhill” defense is not a good one, in my opinion. You need to maintain legal speeds (even on a down grade).

      Matthew Weiss

      Reply
  • I was pulled over on the Clearview Expressway (Queens NY) going south on the morning of July 4th. Ticket says “Speeding 1-10 MPH Over Posted Limit” as well as 1180 (D) (1) and also says “MPH 75” and “MPH Zone 50”. Was I speeding, yes … going 75, I don’t think so. Will plead Not Guilty. My question: Is the info enough of an inconsistency to get it thrown out? Note, it also has my wrong date of birth.

    Reply
    • Matthew Weiss
      July 10, 2017 2:54 pm

      Rich,

      Those two errors do not render your ticket fatally defective. Sorry.

      Matthew Weiss

      Reply
  • I was pulled over on I87 N/B in Lewis NY July 1st on my way to Canada for 82 in 65mph. It was a day of heavy rain. the police office did not ask for my registration. does it make sense to go to court? I live in central NJ. first ticket for 25 years of driving history.

    Reply
    • Matthew Weiss
      July 6, 2017 12:22 pm

      Karl,

      If you plead guilty, this ticket carries 4 points in NY and will transfer as 2 onto your NJ license. If you fight it, then you can likely can this reduced to something less serious.

      Matthew Weiss

      Reply
  • Last Thursday I got a speeding ticket for doing 100 in a 50. I’m not even gonna make up some crock claims of innocence. I genuinely was speeding; not on purpose I just really wasn’t paying attention to my speedometer I was driving my grandpas Benz and it’s pretty fast and I guess I was just lost in my own little world. Needless to say an undercover nypd cruiser pulled me over and I got a ticket. I’ve already retained council and I pled not guilty, but what good will it do even? My attorney told me to take the defensive driving class online, which I did, but if there’s no plea bargaining in New York City ( I’m from Staten Island) what good will this do me? My only possible defense is that the ticket says I was stopped on the highway, but the exit the detective wrote was actually a few miles back from where I was coming from, but what judge is going to believe me over a sworn officer of the law? I’m really afraid I’ll have my license suspended, and I’m trying to be a police officer myself. My attorney said the online class combined with only one previous infraction ( not wearing a seatbelt 3 years ago) will be my best bet to save my license. I’m really afraid.

    Reply
    • Andy,

      This is a very serious ticket and, as you write, could lead to a suspension. Since you have retained another attorney already, I prefer not to give you much advice as he or she should be advising you. I will agree, however, that you should take the NYS Driver Safety Class as soon as possible.

      Matthew Weiss

      Reply
  • Hello,

    I received a speeding ticket on 4/14/2015 in NY on the henry hudson parkway around 95th street, speed in zone 11-30, which apparently carries 6 points in addition to the fine. The officer said absolutely nothing when he handed me the ticket, nor did I. I am licensed in CT, and my hearing date is coming up at the end of July (I have delayed it twice now, the third time will require me to go in to the DMV to post a bond to have it rescheduled). Unfortunately, the hearing date lands on a day I am working and cannot take off easily. My question is, given that NYC TVB does not do plea deals, what can a lawyer actually achieve for me (that I cannot do myself)? Am I guaranteed a lesser offense if I have no real defense? This is my first traffic ticket ever. Also, given that I am licensed in CT, does the points thing even matter to me (I’ve heard the reciprocity thing is a hit or miss)? Will my insurance company surely find out? Also, will I be charged a driver’s responsibility assessment fee in addition to the fine if I decide to just go ahead and please guilty and pay?

    Sorry for the long post!

    Thank you much in advance.

    Reply
    • Michael,

      Answers in bold.

      What can a lawyer actually achieve for me (that I cannot do myself)? I would need to know how fast and the speed limit to answer this question to answer this question.

      Am I guaranteed a lesser offense if I have no real defense? No (but I’m sure you knew that already).

      Given that I am licensed in CT, do the points thing even matter to me? Points from NY do not transfer onto your CT license but NY will keep track of your NY points and could penalize you in NY if you get too many. Further, a NY suspension will transfer to CT.

      Will my insurance company surely find out? Most likely.

      Will I be charged a driver’s responsibility assessment fee in addition to the fine if I decide to just go ahead and please guilty and pay? Yes, out of state drivers still may pay this fee.

      Matthew Weiss

      Reply
  • Got a ticket for disobeying a traffic control device under section 1110A. The supporting deposition says I was going south, when in fact I was traveling north. Also says I was on the central westchester expressway, but I was on the central westchester parkway (officer must have confused this road with the cross westchester expressway). Are these significant enough errors to have the case dismissed? Should I file a written motion to dismiss, or make an oral motion? Will the officer have to testify first, should I let him read from his deposition and then seek to impeach it? If you were to take this case, what would you charge?

    Reply
    • Gee Kay,

      Answers below in bold.

      Are these significant enough errors to have the case dismissed? Yes.

      Should I file a written motion to dismiss, or make an oral motion? You make these arguments at trial.

      Will the officer have to testify first? Yes.

      Should I let him read from his deposition and then seek to impeach it? Yes.

      If you were to take this case, what would you charge? For most cases, we charge $350 to $500. However, if you have an otherwise clean record, you may not want to hire us (or any other traffic lawyer) given that this ticket only carries 2 points and alone cannot impact your auto insurance rates.

      Matthew Weiss

      Reply
  • I received a speeding ticket from a state trooper after the following situation: my exit was quickly approaching and I was blocked by a truck with cars behind it, so I sped up a bit to head in front of the truck and exit, to which the officer followed me out. The officer says I was doing 80 in a 65 (the laser was 1644ft away), cut off the truck, and tried to avoid getting pulled over by exiting. I was headed to work and proved it. The ticket states I was pulled over in a work zone, however there are no signs saying the area is designated as one. I am a 19 year old male with a clean record. ‎

    Reply
    • Brendan,

      This is a 4 point ticket. I recommend that you plead not guilty. If you do, you likely can get this reduced to a less serious charge as part of a plea bargain.

      Good luck!

      Matthew Weiss

      Reply
  • I received a speeding ticket with an ontario plate. going 79 in a 65mph zone. car in front and behind me didnt get pulled over. Should I just plead guilty?

    Reply
    • Liam,

      No, you should plead not guilty because points from a NY conviction will transfer as demerit points onto your Ontario license. If you fight this ticket, you likely can get this reduced to a less serious charge.

      Matthew Weiss

      Reply
  • Hi Mr. Weiss,
    I got an improper turn ticket in Bronx NY. The officer told me I will pay $138 and also that I will get 2 points. I explained to the officer that I changed my mind but he wouldn’t agree with me. Should I plead not guilty? Can this amount be reduced and the points removed. This is the first ticket I am getting on my license. Thank you for your advice.

    Reply
    • Taiwo,

      The Bronx Traffic Violations Bureau does not reduce cases. If you plead not guilty, the only possible outcomes are guilty or not guilty (i.e., all or nothing). Two points is not a lot and alone will not affect your auto insurance rates. Plus, these case are tough to win in this court. With that said, you have nothing to lose (other than your time) if you fight it. I hope this info helps you comfortably decide how to handle this ticket. Good luck!

      Matthew Weiss

      Reply
  • I recently received a ticket for following too closely. I was driving in the middle lane of a three lane highway at the posted speed of 65 mph. An officer in an unmarked cruiser changed lanes in front of me from the left most lane without signaling, and then was on his brakes. I can only assume he was running the plates on the car he moved behind, but he moved in so closely that I had to either brake hard or change lanes. I signaled and moved left, and he said I passed too closely to his vehicle.

    If I had a dash camera I could easily prove that this was his fault, but alas, I don’t.

    I did however request a supporting deposition, and upon further inspection I noticed that it was never signed. What should I do?

    Reply
    • Adam Davis,

      The failure to sign the supporting deposition could be grounds for dismissal if you timely make a motion to dismiss. If you do not make the motion or it is denied, then you likely can negotiate this down to a less serious charge.

      Good luck!

      Matthew Weiss

      Reply
  • Pulled over for 55 in a 40. Officer definitely lied in the deposition when in evidence of a statement he wrote that I substantially stated “I know officer I’m sorry”. I most definitely responded with “ok” when he said he pulled me over for speeding and at no other time did I admit guilt during our interaction. Any advice?

    Reply
    • Ry,

      You should plead guilty. You likely can negotiate this down to a less serious charge. During your plea discussions, I suggestion you avid saying that the officer lied. Instead, keep it limited to a desire to work and (presumably) your otherwise clean record.

      Good luck!

      Matthew Weiss

      Reply
  • i recently got a speeding ticket for going 50 in a 25 but i didn’t know because there were different speed zones posted this is my first ticket and on the ticket instead of putting my first and last name he put my last and middle name can i fight this ticket and say something about him not using my first name?

    Reply
    • Ashley,

      The wrong name thing does not render your ticket fatally defective. With that said, you should still plead not guilty as this is the only possible way to obtain a more favorable result.

      Matthew Weiss

      Reply
  • I just received a speeding ticket and told officer that I am trying to get a driving delivery job and if I ge a ticket I will lose that opportunity. He gave me speeding ticket but the time was way off , he said 2.01 am and it was 5:30am and there was no supporting deposition attached to the ticket. If the incorrect time was given , will this qualify as a dismissal, and or if the officer does not show up for court?

    Reply
    • Mrs. L,

      The incorrect time does not render the ticket defective on its face although it is a strong argument to make if you were to take this case to trial. Definitely plead not guilty. However, on your court date, I suggest that you explore the possibility of plea bargaining this down to something less serious. If you get a good offer, perhaps you want to take it.

      Good luck!

      Matthew Weiss

      Reply
  • Hi. I recently got a speeding ticket by a NY State Trooper for going 84 in a 65.. I have a clean license so I was going to plead not guilty and go to court, then I noticed that the Trooper never signed the ticket. May this be a mistake worthy of dismissal? What makes it a big deal is that I was driving a company vehicle and if my company finds out I’ll be in trouble from them as well. Being somebody who has never gotten in trouble at work, I’d rather them not find out about it.
    Thank you!

    Reply
    • Tracy,

      The omission of his signature may help you to beat the ticket but likely not (in my opinion). With that said, you should still plead not guilty and fight it. If you do, you likely can negotiate this down to a less serious charge.

      Good luck!

      Matthew Weiss

      Reply
  • Hi I got a 1180(d) violation doing 81mph on 65mph in NY state. I have a clean record and this is my first ticket for any violation. I’ve been licensed for over 15 years. What do you think are my options – Do you think I have a chance of negotiating it down to 0 points. Thanks.

    Reply
    • Rob,

      You should plead not guilty. This is the only way to possibly obtain a more favorable result and, given your clean record, I think you have a good chance.

      Matthew Weiss

      Reply
  • I just got a speeding ticket for going 40 mph on the upper west side of Manhattan. When did the speed limit change from 35mph to 25mph? When I got pulled over, I also could not find my license but found it right after the fact under my seat when I parked. He gave me a ticket for “unlicensed operator” as well but said if I just send a copy of my license in, I should be fine. Is it impossible to argue a speeding ticket to the TVB? I really don’t think I was even speeding either which is the kicker. Thanks.

    Reply
    • Jay,

      Yes, you can fight a speeding ticket at the TVB. It is hard to win but you have nothing to lose by fighting it (i.e., it is the same points and fine if you fight or not). We defend 1,000s of clients a year at the TVB so we know how difficult it can be.

      In regard to the speed limit, I do not know what stretch of roadway to which you refer so I cannot respond to your question about the change in speed limit.

      Good luck!

      Matthew Weiss

      Reply
  • Hello, I got a ticket on sub section 1163D while making right from service road joining Hempstead Tpke. The Cop said I made a right with out any signal and also shifted two lanes at once while making that right turn so instead of giving me two tickets he gave me a ticket that says Improper/No Signal. Where as I saw no one was coming and there was no traffic signal so I made a right. My mistake i did not signal. The cop said it will be only fine but no points but I googled the infraction code and it says fine + 2 points. Can you please suggest what should I do here? Do I plead guilty or not guilty ? I recently moved to NY from NC State and the NY traffic rules/law’s are very tricky. Pls suggest. Thanks

    Reply
  • Hello and Help,
    Please………
    I saw a cop with a tube like radar gun on the north side of the FDR today I was traveling south bound, just passed exit 2 where the speed limit goes from 40 (slow) to 30 (even slower) I felt like i was crawling, we had just come off a 4 car accident blocking both sides of the FDR so people were flying, i was going 38 maybe less, i saw the cop, panicked maybe dropped the speed a bit, as people continued to fly pass me cussing me out~clearly I was going slower but no one was going the speed limit, he continued to point the silver tube at people and follow them with it.

    the point of my long winded story is…………with all the camera tickets, now…….will I be getting a speeding ticket in the mail for this, me and 1000 other people on the FDR today or if the cop doesn’t pull you over with the radar gun at the time, a ticket isn’t coming, this new technology is confusing to me. How advanced is NYC with radar guns?
    how many points is a speeding ticket?
    Thank you for your time!!!

    Reply
    • Corey,

      Speed camera tickets are only issued for stretches of roadways near NYC schools. So you will not get one even in the mail (even if you were speeding on the FDR).

      Matthew Weiss

      Reply
  • Dominick Cannavo MD
    April 21, 2016 5:31 am

    Mr Weiss:

    Yesterday Inreceived a speeding ticket: 52 in a 25. The ticket said “unposted”. I guess the entire city has a 25 mph speed limit now thanks to Mr. DiBlasio. I was riding a scooter at rush hour just past the Lincoln tunnel entrance which is congested with trucks, busses and cars . One of the things that I do to stay safe is accelerate into my own space to be seen. Also, riding a motorcycle/scooter, one is always looking around an not down at the speedometer. It is different than a car in that the vigilance to stay safe is much higher. I follow the flow of traffic rather than look down thereby taking my eyes off of my surroundings. I am also a physician and gave the officer my physician ID. I am pleading not guilty. Do I have a defense?

    Reply
  • I received a ticket from a NYS trooper recently. He got me going 20 mph over the speed limit, which had dropped to 30. He, however, wrote that the speed limit in the area was a 05 mph zone. What can I do about this?

    Reply
  • I WENT southbound on the Cross Bronx Expressway doing 72/50 going to school. I pleaded not guilty and they gave me a date and time. What are the chances the ticket can be dismissed if I hire an attorney to represent me considering NYC boroughs do not offer a plea bargain?

    Reply
  • Good afternoon Mr Wiess.
    My ticket says I was doing 94 in a 40. This is my first speeding ticket. I’m suffering from minor depression and I t was 135 in the morning. I just wanted to get home without falling asleep. My ticket has a code that says 1180 A. What should I do?

    Reply
    • Courtley,

      You should plead not guilty. This ticket carries 11 points, a huge fine and Driver Assessment Fee, plus a likely suspension. Further, given the seriousness of this ticket, you should consult with an experienced NY traffic lawyer.

      Matthew Weiss

      Reply
  • Hey Mr. Weiss,
    I got pulled over going 48 on a 25 mph speed limit. The cop said he will reduce my speed so that I would have less of a fine. On the ticket, he put that I went 34 mph. Should I plead not guilty? What should I do?

    Reply
    • Alex,

      Because the officer reduced your speed “roadside”, it is not likely that you’ll get a further reduction. The reduction is from 6 to 3 points which is pretty good. I would take it as, if you fight it, the ticket could be amended back to the original charge and (even if not), you have a good chance to not get a further reduction.

      Matthew Weiss

      Reply
  • hey i got a ticket for an improper turn, if i plea not guilty can i ask to have the points dropped and maybe pay a fee. i won’t mind paying i just don’t want the points as it will be the first points ever on my license, i am a 25 year old male

    Reply
    • Gus,

      If your improper turn ticket is not pending at Traffic Violations Bureau court (NYC or Rochester), then you likely can negotiate this down to a 0 point ticket. Otherwise, no.

      Matthew Weiss

      Reply
  • I received a ticket for going 87 in a 65 on the New York State thruway. I can honestly say my speedometer did not say 87 on it at the time I was pulled over but the state trooper got me on radar. I’m 18 years old and I’ve never been charged before. Should I plea not guilty?

    Reply
  • Hello Mr Weis,
    Thank you in advance.
    I received a speeding ticket (less than 10 mph over the limit) which is my first speeding ticket. I am not sure if I should plead guilty or not. He gave me the deposition. I believe I was over the limit but not sure exactly by how much.

    1. If I plead guilty, would I pay court fees too?
    2. How can I make a plea deal? And would it help if I go there on the specified date and ask for leniency?
    Thank you.

    Reply
    • Hussam,

      If you plead guilty, you’ll be charged a fine and surcharge (roughly $200). If you want to try and obtain a plea bargain, then plead not guilty and speak with the prosecutor on your court date.

      Good luck!

      Matthew Weiss

      Reply
  • Hi,

    I received a ticket for going 49 in a 25 in NYC (Queens). The officer wrote a completely different street on the ticket, then where I was pulled over on. He wrote Hillside Ave and I was on Union Tpke. Would this be grounds for dismissal?

    Reply
  • Hi Mr. Weiss. I’m a Hofstra Undergrad myself. I was going 79 on a 55 on meadowbrook parkway, but this is sincerely because the car behind me was honking and looked like it was just about to ram me to get into his exit. This was the MineoIa entrance from Hempstead Turnpike. I sped up to get away from him and in between looking forward and at my mirrors i didn’t notice my speed. This is my first offense and I really am more worried about the insurance premium than the actual ticket. I don’t ever speed unless I am in situations like this. What do you suggest I do? More so the ticket has an attached supporting deposition, but I never asked for that to be my supporting deposition. In fact, every time I tried explaining he kept asking for my registration. Does this mean I cant plead not guilty?

    Reply
    • Tash,

      You plead not guilty. If you do, you likely can negotiate this 6-point down to a less serious charge saving points and money.

      Good luck.

      Matthew Weiss

      PS Go Pride!

      Reply
  • Hey,

    I was pulled over and ticketed for doing 72mph in a 50mph on the Cross Island Expressway. He was a NYPD highway patrol officer from 105th precinct and questioned why I was speeding and I of course didn’t have a good answer but he was very quick and didn’t make me sweat it our or anything, just went back to his car and wrote me up and came back. This is my first ever speeding ticket and first ticket in at least 4 years; however I am concerned with the 6 points. Do you suggest I show up to court and plead it down?

    – Connor

    Reply
  • Jerry
    I got a speeding ticket in NYC on the Bruckner the officer claiming I did 86 MPH in a 50 Zone, I drive there everyday, I know where the cop hides and I never ever speed there and I even checked my speed today before i saw the cop and after I was doing 55 I did not speed, I told him I did not speed he claims I braked when I saw him, is there anyway I can prove the cop is Lying

    Reply
    • Jerry,

      It will be your word against his so who do you think a NYC traffic judge will believe? With that said, there may be other ways to fight this ticket. Read some of my past comments to this blog post.

      Matthew Weiss

      Reply
  • Mr. Weiss,
    Thank you in advance for you advice! I received a speeding ticket going 48 in a 35 zone. Its a nyc ticket through the TVB. The officer wrote the place of occurrence as S/B Flatbush Ave and also writes an address that is on the northbound side of the street. Can i get my ticket dismissed because of this contradictory place of occurrence?

    Reply
    • Deena,

      This is a decent argument to make at trial (and you should make it) but there may be other arguments that you can also make to strengthen your defense. Therefore, you should evaluate whether there are any other arguments to make as well.

      Matthew Weiss

      Reply
  • I got pulled over going 84 mph in a 75 mph zone
    But here is the problem he wrote it as 65 and clearly told the officer that that was a 75 mph speed limit …
    I have passed through the same place a few times and there is no near sign or construction that has 65 mph
    What can I do?? Can I sue him for $1000 each mile he got wrong

    Reply
    • Josh Smith,

      No, you cannot sue the officer for $1000 each mile he got wrong. If you can prove that the speed limit was really 75 mph (photos in the area listed on your ticket will do), then the court likely will fix the error. Further, the prosecutor may likely offer you a favorable plea deal anyway. So, bottom line, plead not guilty and see what you amicably work out.

      Good luck!

      Matthew Weiss

      Reply
  • Ruben Quispe
    March 7, 2016 10:14 pm

    Hello Weiss,

    Today I got a ticket in Rye (Port Chester) by a state trooper. So its a new york state ticket. So when he stopped me, he told me I was going 91 on a 55 and ask me why. Politely I told the officer, I didn’t go 91 mph. And then told him I was trying to get to school. He comes back with the ticket and gives me a 75 over 55 and tells me they can reduce my money or points at court. So should I plead not guilty? He seemed like a good guy , so i don’t know what to do.

    Reply
    • Ruben Quispe,

      The officer gave you a “roadside” plea meaning he voluntarily lessened the severity of your charge (from 8 points to 4 points). If you plead not guilty, there is a chance that the judge will not permit a further reduction. However, given what the officer told you, it seems like you have a low risk that the officer would object to a further reduction so it seems like it is worth trying, in my opinion.

      Good luck!

      Matthew Weiss

      Reply
  • I made a right trun come off 40 mph truned on 4 lane I did not see a 30 mph saying 30 mph so I just keap going 40 mph the sing can’t be seen tell you get down the hill not in your line of sight but the cop side I was going 47 I don’t think i slowed down when I seen the sign cop was siting in a car dealership

    Reply

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