NYC Traffic Tickets — Ways to Get out of Them
It is really important to fight every NYC traffic ticket you receive using a competent traffic lawyer and don’t think that you can enter a plea of guilty with an explanation and get no points. NYC traffic courts are very limited in terms of protections afforded to motorists charged with moving violations who must appear there. Fortunately, there are attorneys who know how to work the system to help you defeat your ticket.
First, traffic court in NYC is different from other traffic courts in NYS. The most important factor to consider is that plea bargaining is not allowed in NYC traffic court whereas in almost every other part of the New York State it is allowed. This is vital to any motorist charged with a moving violation. For instance, if you are charged with a six point speeding ticket, in most parts of NYS if it is your first ticket and your driving record is relatively clean, the judge will likely allow you to plea bargain the ticket to a two point non speeding ticket. This is a tremendous advantage to the motorist, saving him or her insurance costs, additional state surcharges and taking the ticket out of a mandatory three speeds in 18 month revocation penalty.
Second, in NYC a special DMV procedure code is used and the proceeding is civil in nature rather then criminal. In most other parts of NYS, the procedural vehicle for traffic violation hearings is criminal and the CPL or criminal procedure law prevails. Further, in NYC rules of evidence are relaxed and all testimony including hearsay testimony is allowed in. Police officers do not have to produce radar detector records or supporting depositions. Also, hearings in NYC are very quick, lasting no more then four to five minutes and the police officer him or herself serve as the prosecutor. Outside NYC there is often a town prosecutor and hearings can be longer and more protective of defendant rights. Moreover, the appeals process in NYC is shortened and civil in nature as opposed to other parts of NYS. As you can see, NYC is a tough place to be a motorist charged with a speeding, red light, stop sign, or disobey a traffic device ticket, etc.
A competent an experienced traffic court lawyer can help a motorist prevail in NYC Department of Motor Vehicle traffic court. This is vital to win the ticket at trial. It is very hard for a motorist to walk in and just prevail at trial.
NYC administrative adjudications of traffic matters require different skill then do tickets heard upstate. Please use a qualified attorney.
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