Asked over 3 years ago - New York, NYFlag
I received a 1110A ticket in NYC for "Disobeying Pavement Markings", because I pulled around a police car that was with a semi, blocking the straight lane. I thought that the semi broke down. I went into the left turn lane to go around them, but the police car pulled out just a bit. I stopped to let him go but he didn't move. I didn't want to keep blocking traffic so I went around him. Then I saw the truck driver requesting to let him turn left. I stopped where I was in the left turn lane. As soon as he had turned in front me, I went, but it was from the left turn lane into the straight lane. That's when I got pulled over. What is my chance of winning if I plead Not Guilty, since IMO I was just trying to not create a worse traffic condition than he already had?
In NYC you are in the Traffic Violations Bureau which is a bit of a Kangaroo court in my opinion. You have very little chance of winning in such a court unless you have an attorney who specializes in that court. If you really want to beat this, then hire such an attorney, however, don't count on it, I'm afraid.
Unfortunately, there is no plea bargaining within the 5 boros. However, this is bot always a bad thing. When you win, you are totally vindicated - no fine or points. As far as your chances it goes to credibility. Your story is very plausable. I have one many times in such a situation.
A lot depends on the police officer and the judge.
feel free to call to discuss the matter further.
law Office of Terri Kalker
In New York City, there is no plea bargains or deals. You either win or lose. It a tough place to win but, then again, you have nothing to lose by fighting the ticket. Your defense will raise an issue of credibility between you and the officer. However, there are other ways to possibly win. We recommend fighting the ticket because it carries 2 points especially if you have any other tickets on your license.
Feel free to call us for a free consultation.
You should really speak with an attorney who specializes, or at least appears with some frequency, on moving violations in TVBs. As you have read from other attorneys, there is no plea bargaining in any of the TVBs, so you can either plead guilty, accept the two points, pay the fine, and be done with it. Or you can plead not guilty and fight the ticket at a hearing (note: this is NOT a trial in any sense of the word). The officer does not need to prove you guilty beyond a reasonable doubt, but only by clear and convincing evidence, a much lower standard of proof. The odds are not in your favor no matter how "mitigating" your facts may be. And many attorneys secure victories by playing with the TVB calendar and hopefully confusing the officer or getting a ticket scheduled on a day the officer is unavailable. But even that is not as easy as it sounds.
City tickets are tough to beat, but it's not impossible. That said, your best chance is to consult with an experienced attorney.
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