Beating a New York City Red light Ticket
It is imperative to hire a lawyer to fight any traffic ticket you receive from a police officer in New York City. This article will talk about beating a NYC red light violation which is very expensive (over $200) and carries 3 points.
Before we get into the specifics of how to beat a NYC red light violation or 1111D1, let's take a quick look at how New York City traffic courts differ from those in almost every other part of the state. Manhattan will stand in as representative of the five boroughs and Westchester County will be representative of the rest of the state.
If you get an 1111D1 summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. That means that in Westchester you can often plea bargain a red light ticket to a non-pointed violation if your driving record is good. Whereas, in NYC, even if your driving record is perfect, you must go to a hearing and if you lose, you get the full penalty under the law. The result will be an over $200 fine and 3 points on your driver's license.
In addition, many more red light tickets are issued in NYC then elsewhere in NYS. This happens because NYC is so populous. Also, the evidence and proedure rules in NYC are far more favorable to police then those in the rest of NYS. The burden of proof in NYC is lower for the police then in the rest of the state too.
Quire simply, a competent and experienced lawyer is your best defense in beating a NYC red light ticket.
A lawyer knows the elements involved in the police prima facie case. Meaning, those things that the officer must say in order to get a motorist found guilty. If an officer makes a mistake, then the lawyer can vigorously move to dismiss the charge. Some of the elements that the officer must prove involving a NYC red light are 1. The light was working in all phases before and after the stop and during the stop; 2. The motorist disobeyed a circular disc or directional arrow with specific regard to the movement of motorist's vehicle on the road; 3. No other police officer was directing traffic; 4. No emergency vehicles were present; 5. An accurate description of the roadways involved; 6. A description of how far the motorist was from the intersection before he or she entered the roadway, etc.
Further, a lawyer experienced in NYC traffic court knows the quirks and ticks of a particular judge and knows which elements of the people's case are the most important to that judge. As you can see, it is quite beneficial to use a qualified traffic attorney to fight your DMV summons for you at NYC traffic court.
Before we get into the specifics of how to beat a NYC red light violation or 1111D1, let's take a quick look at how New York City traffic courts differ from those in almost every other part of the state. Manhattan will stand in as representative of the five boroughs and Westchester County will be representative of the rest of the state.
If you get an 1111D1 summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. That means that in Westchester you can often plea bargain a red light ticket to a non-pointed violation if your driving record is good. Whereas, in NYC, even if your driving record is perfect, you must go to a hearing and if you lose, you get the full penalty under the law. The result will be an over $200 fine and 3 points on your driver's license.
In addition, many more red light tickets are issued in NYC then elsewhere in NYS. This happens because NYC is so populous. Also, the evidence and proedure rules in NYC are far more favorable to police then those in the rest of NYS. The burden of proof in NYC is lower for the police then in the rest of the state too.
Quire simply, a competent and experienced lawyer is your best defense in beating a NYC red light ticket.
A lawyer knows the elements involved in the police prima facie case. Meaning, those things that the officer must say in order to get a motorist found guilty. If an officer makes a mistake, then the lawyer can vigorously move to dismiss the charge. Some of the elements that the officer must prove involving a NYC red light are 1. The light was working in all phases before and after the stop and during the stop; 2. The motorist disobeyed a circular disc or directional arrow with specific regard to the movement of motorist's vehicle on the road; 3. No other police officer was directing traffic; 4. No emergency vehicles were present; 5. An accurate description of the roadways involved; 6. A description of how far the motorist was from the intersection before he or she entered the roadway, etc.
Further, a lawyer experienced in NYC traffic court knows the quirks and ticks of a particular judge and knows which elements of the people's case are the most important to that judge. As you can see, it is quite beneficial to use a qualified traffic attorney to fight your DMV summons for you at NYC traffic court.
About the Author:
Michael Spevack, Esq. is a NYC traffic ticket attorney with more then 15 years experience in beating traffic tickets in NYC. He is a graduate of NYU School of Law, and would be glad to help you beat your summons.
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