This violation carries 2 points and roughly a $150 fine. The points will last for 18 months from the date of offense for DMV purposes and 36 months from the date of conviction for insurance purposes. How you or your traffic lawyer fight it depends on the unique facts of your case.
Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.
New York State Vehicle and Traffic Law section 1110(a) is a very common moving violation known as "failure to obey a traffic control device". If you were convicted of it, either by pleading guilty to it or being found guilty of it at a trial, it is punishable by a fine of between $0 and $150 (the specific amount within that range is up to the Judge assigned to your case), PLUS a New York State surcharge of either $80 (if the matter is in a City Court) or $85 (if the matter is in a Town Court or Village Court), PLUS two points on your New York State Abstract of Driving Record. The Judge assigned to your case CANNOT waive the surcharge and CANNOT waive the points. The violation will remain on your Abstract of Driving Record for the rest of this year (if you are convicted this year) PLUS three full years, meaning that the violation would remain on your record until January 1, 2016. The points would also remain on your record for that same period of time. However, points can be removed, for certain purposes, if you take a New York State DMV-approved Accident Prevention Course (used to be called Defensive Driving Course)...but the points might only be removed if the points have already shown up on your driving record BEFORE you take the Accident Prevention Course, and just because you take the course, DMV does not HAVE to remove the points...DMV simply has the option of removing up to four points accumulated on the record in the 18 months prior to your having taken the course. How you would "fight" the 1110(a) charge depends very much on where you are charged. If you are charged outside of New York City, chances are that you would have the option of filling out the "not guilty" section of your ticket, and mailing it in. Once the relevant Court receives your not guilty plea, they are supposed to mail you a pre-trial conference notice, which would give you the opportunity to appear personally at the Court and try to negotiate a reduction of your 1110(a) charge, with the prosecutor assigned to your case. Once you negotiate with the prosecutor, you would then go up before the Judge and indicate to the Judge whether you accept any plea bargain offer made to you by the prosecutor. If you do, it is then up to the Judge to accept or reject the offer and assess the fine. If you don't, then you would likely have to proceed to trial, either that day or on a later date. This is all assuming that you don't hire an attorney to help you. Hiring an attorney has several advantages, including the possibility that the attorney can appear at Court for you, without you needing to be there, and/or the possibility, allowed in some Courts, that the attorney can handle the entire plea bargain negotiation by mail, without the need for you or him/her to go to Court. If the matter is somewhere in New York City, then the procedure is very different, and honestly, I am not too familiar with that procedure, because New York City is the only part of New York State in which I do not practice. Wherever your ticket is, you should consult with an attorney at least once, to get a more specific idea of your options. I can tell you that if I were representing you in a Court outside of New York City, I would try to get you a reduction to a non-moving, parking violation, which usually carries no points and no state surcharge, and which usually does not even show up on your driving record. Good luck to you!
Matthew J. Werblin, Esq.
Attorney at Law
81 Molly Court
Niskayuna, NY 12309-2227
The fine is up to $150 plus the court surcharges. There are also two points tna will remain on your driving abstract for three years. The points, however, can only be used against you by the DMV for a period of 18 months from the date of the offense. There aren't any facts given here to even venture a guess as to how to fight it.