LAW OFFICES - MICHAEL SPEVACK, ESQ.

Fight a NYC Speeding Ticket at the Traffic Violations Bureau

It is very important that you fight speeding and traffic tickets violations you receive in New York City.

Law Enforcement must prove their case by clear and convincing evidence (which is like 51% more likely you did the offense than not) and they must state all the required prima facie elements of the offense; meaning they have to say that the signs were clear and graffiti free both before and after the stop, if signs were involved.

Traffic courts in New York City function differently than do traffic courts in most other parts of New York State. For instance, in most other parts of New York State, like Westchester County, the court uses CPL or criminal procedure law as the procedural vehicle to conduct a traffic court hearing.

Further, in a county like Westchester, the Judge is typically elected by the local community and is frequently more amenable to a lenient disposition of your offense.

Most importantly, in a county like Westchester, the police officer or town prosecutor will plea bargain your case.

By contrast, in New York City, the court will use a civil procedure code outlined in special DMV rules for conducting administrative traffic court hearings.

A motorist’s rights to conduct his or her defense are limited by such DMV code. For example, a motorist cannot demand that a police officer produce paperwork that the sign or lane marking underlying the VTL 1110A offense was properly placed by the DOT or request a supporting deposition, etc. DMV procedural law is aimed at quick and effective hearings for traffic violations with an emphasis on the quickness of the hearing.

Equally important to a motorist charged with a VTL 1110A violation in NYC; no plea bargaining is allowed by the DMV court. That means that you either win or lose the offense.

If you win, you are adjudicated innocent of the charge. You receive no points and have to pay no fine. Any bond money that you posted to obtain an adjourned court date is generally returned to you by DMV.

If you lose though, you get the full penalty of the law for the offense charged, in this case, an 1110A.

That means two points will go on to your license and that you must pay the fine and surcharge on the offense — typically $130 if your license is relatively clean and this is your first 1110A.

If you have received an 1110A in Westchester under similar circumstances, you most likely would have been allowed to plea bargain to a non pointed violation.

Law Enforcement must prove their case by clear and convincing evidence (which is like 51% more likely you did the offense than not) and they must state all the required prima facie elements of the offense; meaning they have to say that the signs were clear and graffiti free both before and after the stop, if signs were involved.

They must discuss and describe the roadways at issue, the traffic conditions at issue, whether there were any other police or traffic enforcement agents directing traffic or whether there were any emergency vehicles in the area. They should articulate the weather conditions, the position of the vehicle at issue before during and after the stop.

You must know which elements of the prima facie case an administrative law judge cares about.

You must know how prepared a police officer tends to be when fighting a ticket. There are a variety of other factors which a lawyer must consider when trying to dismiss a summons.

I believe that in most instances it is beneficial to use a qualified traffic attorney to fight your DMV summons for you at DMV court.

That is why I make myself and my firm available for a very reasonable fee to ensure that due process is adhered to by the traffic courts in NYC.

I’m always available for a FREE Initial Consultation