Exceed New York Traffic Tickets

Let’s look at the difference between New York City and traffic courts in other parts of NYS. First, plea bargaining is not allowed in New York. This hurts drivers with good records. In New York you win or lose and if you lose you can’t explain your way to a lower fine and lower points – you get the full penalty.

Second, New York City is civil in nature with specialized administrative procedure found in DMV rules, while the rest of New York State has Criminal Procedure Law (CPL) as the basis for a hearing. traffic violation that protects motorists much more than the DMV procedure. Third, the rules of evidence are relaxed in New York City to help police officers prove their cases based on hearsay. For example, the police do not have to offer proof that the radar was calibrated correctly on a speeding load or that a traffic light was correctly positioned or is operating in accordance with the DOT. This reduces an officer’s testimony to mere words and makes it very easy for him or her to prove their case.

Fourth, in New York the burden of proof that people have is clear and convincing evidence rather than beyond a reasonable doubt. Therefore, in New York, the police must set the case at 51%, which makes it slightly more likely that they did not commit the crime. This makes it easier for the police to prove your case against a motorist. Fifth, the appeals process in New York City is civil and administrative according to DMV rules and procedures rather than criminal and more protective of drivers’ rights in most other parts of the state. . Usually an appeal from an out-of-town traffic court goes to the term of appeal which is made up of competent judges from the Supreme Court system. New York City appeals go to the attorneys or clerks of DMV employees who generally support the decision of the administrative law judge at the trial level. Sixth, the general procedure in New York City is to emphasize speed and efficiency over justice and concern for the rights of the accused.

One right you have in both places is the right to an attorney. This is crucial to prevailing in New York traffic court.

What can a lawyer do in New York? First, an attorney may be completely familiar with substantive traffic law which in New York State is generally found in Vehicle and Traffic Law or VTL. Take VTL section 1111D1, for example. That’s a New York red light arrangement. The police officer must demonstrate with clear and convincing evidence (51%) that you went through a steady red light in New York.

The police must declare:

1.The light worked before and after a stop,

2. traffic conditions,

3. weather conditions,

4.type of light either circular or arrow,

5. road conditions,

6. emergency vehicles or other officials.

The police officer who issued your citation must state at least all of these elements of the offense. If the officer overlooked one of these items and the judge is fair, you are NOT guilty. The attorney must really know the substantive law and the points of each crime to emphasize with each individual judge in the New York City traffic court.

It is possible to prevail in New York traffic court. In fact, with an attorney representing you, most of the time your case will be dismissed. You can do it yourself if you wish, but in New York the professional driver or those who want to save points and money generally use an attorney who is generally very reasonably priced. Thank you for taking the time to read this article.