Traffic Lawyer Gets Traffic Ticket (Part 3)

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New York Traffic Ticket For Disobeying A Traffic Control Device

New York Traffic Ticket For Disobeying A Traffic Control Device

I have been diligently scouring the Vehicle and Traffic Law and researching relevant case law precedents to craft a defense to my recent traffic ticket.  Allegedly, I disobeyed a traffic control device.  Click here for details.

As a New York traffic lawyer whose law firm fights the most traffic tickets throughout New York State, I need to win this case for pride (not to mention the $130 fine and surcharge).

Giselle Dragon, our cracker jack paralegal, noticed right away that the officer omitted certain information.  Specifically, he failed to write the expiration date of my registration.  However, unlike a parking ticket, omission of these types of details is not fatal (although it can be used to attack the officer’s carefulness and credibility at the traffic trial).

She then pointed out that the ticket says “pavement markings” which here is helpful for me   Disobeying a traffic control device is a catch-all moving violation.  It refers to any sign, pavement marking or other official DOT device which restricts or prohibits certain movement.  By writing pavement marking, the officer is narrowing the scope of this charge to a specific type of traffic control device.

More importantly, here, he claims that I improperly used the acceleration lane to pass motorists on the right.  However, there really is no pavement marking which I disobeyed.  At best, I crossed a broken white line but that’s not illegal.  Motorists cross these types of pavement markings all the time.  Further, in my case, there actually were no markings on the pavement separating the right lane from the acceleration lane.  See photo below.

So, here is my defense.  I am charged with disobeying pavement markings which don’t exist and, even if they do exist, would not be the type that restricted or prohibited me from crossing them.  Having years of experience as a traffic lawyer, I can tell you that this type of legal argument is much more compelling to a judge than simply saying “I didn’t do it”.

No pavement markings separating right lane from acceleration lane

No pavement markings separating right lane from acceleration lane

Stay tuned.  A not guilty plea will be entered and updates to then follow.

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3 Comments. Leave new

  • I don’t know If I said it already but …Great site…keep up the good work. 🙂 I read a lot of blogs on a daily basis and for the most part, people lack substance but, I just wanted to make a quick comment to say I’m glad I found your blog. Thanks, 🙂

    A definite great read..Jim Bean

    Reply
  • I am in Florida and over here $69 is all we need to get out of a traffic ticket. I haven’t paid a ticket in 10 years now. How much do you charge in New York?

    Reply
    • Ellie, Florida is very different from New York (and most of the country for that matter). As I understand, you pretty much can get out of any ticket by paying money. Florida traffic lawyers charge only $69 to $99 because they can bundle dozens of cases together.

      New York is quite different. In some places you can plea bargain and in others you cannot. At courts that allow plea bargaining, you can get a more favorable result in exchange for pleading guilty to the lesser charge. The type of plea bargain depends on the court, the prosecutor, your driving record and the type of ticket before the court.

      On the other hand, in courts which do not allow plea bargaining (New York City, western New York, Rochester and Buffalo), you must either plea guilty or not guilty. If you plead not guilty, then your case will be scheduled for a trial where you will either win or lose.

      Unlike most lawyers, we do not charge by the hour or appearance. Rather, we charge a flat fee to cover your entire case from beginning to end. From entering a plea, scheduling your case, fighting it and completing any loose ends, we handle it all. Our flat fee generally starts at $350 but can be higher depending on the circumstances. We offer free consultations and ticket reviews. It is our pleasure to answer any questions that a prospective client may have. Even if you don’t hire us, we are happy to give you advice and try and make fighting your case as easy as possible.

      Thanks for submitting your question and reading my blog.

      Reply

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