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What kind of information is required on a ticket for "disobeyed traffic control device"?

Solvay, NY |

I was pulled over for doing 42 in a 30, but I happen to know I was doing no more than 35. The cop ticket me for "disobeyed traffic control device" and claimed it to be a favor. I know this is a lesser point value on my record, but does there need to be more information surrounding the description on the ticket, or is this enough? The only thing actually written on the ticket is "disobeyed traffic control device" with no further information as to why I was pulled over. Also, can this be fought if I didn't pass any speed limit signs as of yet when he pulled me over?

Attorney Answers 5

Posted

The officer gave you a "break" by reducing the 4-point speeding ticket to a 2-point disobey traffic control device ticket. The ticket sounds properly completed. Details would be expected in a different document called a support deposition. If you push the issue by fighting the ticket, the officer could ask to amend it back to the original charge. I hope this information is helpful.

Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.

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Posted

You got a major break. However, you may still negotiate the ticket. I suggest you hire an attorney to do that for you.

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Posted

The officer did indeed give you a break by giving you a lesser point offense. The ticket sounds like it is facially sufficient. The particulars of the offense would be found in a supporting deposition. When you get to court (depending on your abstract) you will probably be able to negotiate a plea bargain for a no point non moving violation. Otherwise, you can fight the ticket but remember thatbifnyou do it'll be your word against the cop....

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Posted

You can and should fight it. Ask for a supporting deposition. If you don't get one, ask for dismissal. If you do get one, no dismissal but fight it anyway.
Good Luck!

Joseph A. Lo Piccolo, Esq.
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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Posted

I agree with the excellent points already made by my colleagues who have answered this question. "Disobeyed traffic control device" is indeed a two point violation instead of the four point speeding violation that the officer could have given you. I would just add that this two point violation 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 case is in a City Court) or $85 (if the case is in a Town or Village Court). If you plead guilty to "disobeyed traffic control device", the Judge MUST assess the $80 or $85 surcharge on top of whatever fine between $0 and $150 he/she assesses you. This is in contrast to the speeding charge the officer could have ticketed you for, which would have been punishable by a fine of between $90 and $300, PLUS the $80 or $85 surcharge, PLUS four points. However, even though the officer gave you a break, I still believe that you should fight this ticket, because the "disobeyed traffic control device" charge is still a moving violation that, if you were convicted of it, would go on your driving record and stay on your driving record for the rest of this year, PLUS three full years after this year. In other words, it wouldn't come off of your record until January 1, 2016. Furthermore, it COULD result in an increase in your insurance premiums. By contrast, if you fight the ticket, and IF you wind up being offered, by the prosecutor, and IF you accept, and IF the Judge accepts a non-moving parking violation, you will wind up with no points on your record AND parking violations do not show up on New York State Driving Records, AND I've, therefore, never heard of a parking violation resulting in an increase in insurance premiums. So, I agree with my colleagues that you should fight this ticket by following the directions on the ticket for pleading not guilty and requesting a supporting deposition. If you hire an attorney to help you with this, the attorney can do all of that for you, and can explain to you how he/she would go about trying to get a reduction to the non-moving parking violation. Good luck!

Matthew J. Werblin, Esq. (Defending people with traffic tickets all over most of New York State)
Attorney at Law
81 Molly Court
Niskayuna, NY 12309-2227
(518) 369-7580
mattw@nycap.rr.com

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2 comments

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Posted

I should add I also have no prior tickets or offenses on my record and I know that normally sways a judge's decision. I'm just more frustrated than anything because I'm almost positive I was not going as fast as he claimed me to be. I really appreciate everyone's help, though! Thank you!

Matthew Jeremy Werblin

Matthew Jeremy Werblin

Posted

Yes, it's very frustrating when something like that happens, and certainly you have the right to bypass the plea bargain process and go to trial. Unfortunately, if you go to trial, the officer will likely testify against you, and the Judge may well take the officer's testimony at face value and find you guilty of the "disobeyed traffic control device", regardless of what you might say if you chose to testify in your own defense. Therefore, again, I think that the plea bargain route and trying to get a reduction to a non-moving parking violation would be the best course of action for you. Again, best of luck! Matthew J. Werblin, Esq. Attorney at Law 81 Molly Court Niskayuna, NY 12309-2227 (518) 369-7580 mattw@nycap.rr.com

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