How To Fight A NY Speeding Ticket at the Traffic Violations Bureau
The most frequent type of moving breach is speeding. It's essential to know how to fight such a ticket, because a NYC motorist may get 3 to 11 items for committing such an infraction. This data is specially helpful in the Traffic Violations Bureau because this venue doesn't permit almost any deal-making of plea bargaining. This article provides a simple framework to enable you to fight a New York speeding ticket in the Traffic Violations Bureau.
The initial step is to calculate how many factors are participating with the New York State speeding ticket you've been given.
The following chart will help you figure this out:
1 - 10 mph over speed limit - 3 points
11 - 20 mph over speed limit - 4 points
21 - 30 mph over speed limit - 6 points
31 - 40 mph over speed limit (probable suspension) - 8 points
Greater than 40 mph over speed limit (possible suspension) - 11 points
Factors are calculated from the date of crime (even though you are convicted years later). Then when adding the possible points for a newly issued speeding ticket. you must determine how a number of other items you have on your record and return 18 months from the date of the brand new ticket. Also, three speeding beliefs within 18 months will result in a computerized revocation in your driving privileges for 6 months.
The next thing is to determine whether your case is returnable at a Traffic Violations Bureau (TVB) court or not. There are two, different traffic court systems in New York State and, for that reason, this determination is essential for you to understand what you can and can't do.. Then generally you could handle the case by a plea deal, if you are not within the TVB.
The TVB courts address any New York traffic ticket issued in New York City (Manhattan, Queens, Brooklyn, Bronx and Staten Island), western Suffolk, Buffalo and Rochester. A New York speeding ticket given in every other place within New York State will not be a TVB court.
The main reason this is an important question is the fact that TVB courts generally do not allow any type of deal-making or plea bargaining. Rather, you must either plead guilty or not guilty and, if you plead not guilty, you're given a hearing where you will either win or lose. In this 'all or nothing' court, it really pays to retain a Ny traffic lawyer to fight your case. That's, a Ny traffic attorney who's educated and experienced in fighting speeding tickets at the TVB. Putting aside the feelings involved with preventing your own case, most drivers do not know how to listen watchfully or cross-examine. Relatively, they basically ignore the officer's account, fail to ask any questions and, alternatively, only tell the judge their history. This strategy isn't recommended and is obviously not successful.
Should you choose fight your own TVB speeding ticket, listen vigilantly to the officer's account and also just take notes. Then point this out to the judge after the officer sits, If the officer omits crucial testimony (ex., day, time, area, route, your ID information). Likewise, if the officer gives testimony which can be inconsistent with his other testimony or the information on the ticket, then moreover point this out to the judge.
For instance, I once was preventing when the officer testified that the motorist was proceeding east bound on the Long Island Expressway a NYC speeding ticket. The ticket, however, indicated W/B (i.e., west bound). After the official relaxed, I showed the ticket to the judge who quickly dismissed the case.
Even without an omission or inconsistency, you need to still ask careful questions of the officer. For instance, if your defense is the fact that the officer stopped the wrong car, then ask him where was he when he first saw your car, did he have to pass some other vehicles to apprehend your car, and how long did it take him or apprehend you. These types of questions build on your defense.
Also, ask to the see the officer's notes. Study them and determine whether his notes are consistent with his account. Any discrepancy should be stated to the judge. Also, do not forget to ask the official to decipher illegible parts of his notes.
After your cross examination of the officer, it is time for you to offer your defense. Speak slowly and plainly. Hand up any data supporting your defense for example images, witness statements or images. Keep in mind that the judge learns many, many such cases and, therefore, you should not be repetitive or rambling about information.
More information is found here.
One last hint. Prior to preventing your case, watch the judge and how he addresses different circumstances. Does he hear and just take notes? Does he look eager or diverted? If you're concerned with whether you will get a fair hearing, request a new time. It's unlikely that you will get exactly the same TVB judge on the following assigned date.
I hope this short article is helpful in getting you prepared to fight your own best traffic lawyer in NY when returnable at the TVB.