It is very important to use a lawyer to beat and traffic ticket you receive from police in NYC. This article considers one of the most costly (over $200) and one that carries 3 persistent violator points; to wit, a NYC red light violation.
Before we get into how to beat a 1111D1 or a NYC traffic violation, let's examine the differences between NYC traffic court and traffic court in other parts of NYS. Let's take Westchester as representative of the rest of NYS and Manhattan as representative of the 5 boroughs.
In Westchester, if you get a red light ticket, you will be allowed to plea bargain with the town prosecutor or police officer who wrote the summons. In most cases, the ticket can be pled down to a non-point violation, especially if your record is good. In Manhattan, even if your record is perfect, you must go to a hearing and if you lose, bang!! You get 3 points and a fine of over $200, the full penalty of the law.
Also, many more red light summonses are issued in New York City then elsewhere in the State of New York. This is true because of the density of the population and the high number of traffic lights in NYC. Moreover, the procedure and evidence rules in NYC are far more generous to the police then to the motorist when compared to other parts of NYS. In NYC, special DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police. The police burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you went through the light then didn't). Whereas, in the rest of the state, it is beyond a reasonable doubt, which greatly favors the motorist.
So, what can a lawyer do for you in New York City traffic court regarding a red light ticket. The punishment for committing an offense of passing a red light is more severe is NYC then it is in other parts of the state due to the large population density in NYC as compared to other parts of the state, like say, Walton, New York. The fine amount is higher for NYC traffic violation and there are mandatory penalties in NYC. That said, a competent and experienced lawyer is your best defense in beating a NYC red light ticket.
There are certain things that an officer must say in order to get a motorist guilty of an 1111D1. They are 1. The light was working in all phases prior to and after the stop; 2. The motorist disobeyed a circular disc light or directional arrow light signal; 3. No other officer was directing traffic; 4. No emergency vehicles were present; 5. An accurate description of the roadway including a stop line or pedestrian cross walk or both, and 6. A description of where the motorist was in terms of the intersection prior to the stop, etc.
You should hire a competent lawyer to beat your NYC red light ticket.
Before we get into how to beat a 1111D1 or a NYC traffic violation, let's examine the differences between NYC traffic court and traffic court in other parts of NYS. Let's take Westchester as representative of the rest of NYS and Manhattan as representative of the 5 boroughs.
In Westchester, if you get a red light ticket, you will be allowed to plea bargain with the town prosecutor or police officer who wrote the summons. In most cases, the ticket can be pled down to a non-point violation, especially if your record is good. In Manhattan, even if your record is perfect, you must go to a hearing and if you lose, bang!! You get 3 points and a fine of over $200, the full penalty of the law.
Also, many more red light summonses are issued in New York City then elsewhere in the State of New York. This is true because of the density of the population and the high number of traffic lights in NYC. Moreover, the procedure and evidence rules in NYC are far more generous to the police then to the motorist when compared to other parts of NYS. In NYC, special DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police. The police burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you went through the light then didn't). Whereas, in the rest of the state, it is beyond a reasonable doubt, which greatly favors the motorist.
So, what can a lawyer do for you in New York City traffic court regarding a red light ticket. The punishment for committing an offense of passing a red light is more severe is NYC then it is in other parts of the state due to the large population density in NYC as compared to other parts of the state, like say, Walton, New York. The fine amount is higher for NYC traffic violation and there are mandatory penalties in NYC. That said, a competent and experienced lawyer is your best defense in beating a NYC red light ticket.
There are certain things that an officer must say in order to get a motorist guilty of an 1111D1. They are 1. The light was working in all phases prior to and after the stop; 2. The motorist disobeyed a circular disc light or directional arrow light signal; 3. No other officer was directing traffic; 4. No emergency vehicles were present; 5. An accurate description of the roadway including a stop line or pedestrian cross walk or both, and 6. A description of where the motorist was in terms of the intersection prior to the stop, etc.
You should hire a competent lawyer to beat your NYC red light ticket.
About the Author:
Michael Spevack, Esq. is a NYC traffic ticket attorney with more then 15 years experience in beating traffic tickets in NYC. He is a graduate of NYU School of Law, and would be glad to help you beat your summons. Visit Michael Spevack, Esq.'s web sitte now.
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