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I need help with a ticket.

Bayside, NY |
Filed under: Criminal defense

I am currently driving on a learner's permit with a licensed driver as a chaperone. This is my first ticket. I was making a left turn and did not see a pedestrian in my field of vision. As I fully made a turn I finally saw the pedestrian. I applied the brakes, but the pedestrian momentarily stopped and there was an oncoming car on my right side coming at a very high speed. Since the pedestrian stopped and the car was still oncoming at a high speed I released the brakes and drove ahead. Then an officer pulled me over and said that I didn't stop for the pedestrian. The ticket says that I had, "failed to yield right of way to the pedestrian." I tried explaining to the officer, but he just cut in and said that I didn't stop for the pedestrian. Please help. Should I plead not guilty?

Attorney Answers 5

Posted

Plead not guilty and go down with the chaperon driver and explain that you did yoield and that the pedestriam allowed you to proceed in light of the on-coming traffic.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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3 comments

Asker

Posted

Is it absolutely necessary to take the chaperon driver with me to court?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

No but it will definitely help! Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Asker

Posted

Thank you for the advice. >

Posted

If this in NYC Traffic Court there is no plea bargaining so its plead guilty or go to trial. I suggest you retain a traffic court attorney. I know a great one if you need a referral.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

Thank you for the advice. At the moment I'm currently speaking with someone that can help. However I'd like to keep my options open, so I hope you don't mind if I ask for a referral later on.

Posted

Please consult and hire an attorney. Plead not guilty.

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Asker

Posted

Thank you for the advice.

Posted

Where did this happen? Everyone is innocent until proven guilty. Always plead not guilty and then consider hiring an attorney.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

Matisyahu Wolfberg
www.SpeedingDefense.com
NY Traffic Ticket Defense Attorney

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Asker

Posted

In Queens County, NY. On an intersection with traffic lights.

Asker

Posted

Thank you for the advice.

Posted

You have an excellent defense grounded in the legal doctrine of necessity, but you will need to retain counsel in order to assert that defense.

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