1110A - NY ticket - Illegal left - thoughts

[Vanilla Mustang]

Hi,

I got a ticket for making an illegal left and the officer wrote it as a 1110A, failure to obey traffic control device.

I was respectful but the officer seemed hurried and already decided I was getting a ticket although my license was completely clean. I even got "yelled at" for not pulling over on the road which had no shoulder so she would have had to stand in traffic to go over my car.

The road was dead mind you, I dont even know where the officer came from. no traffic in either direction.

I know this is 2 points and the money doesnt really bother me. Does anyone have experience or thoughts on how I can handle this to get around the points?

Thanks!

 

[darksrt]

Either go on your arraingment date and plea not guilty and prove the officer is lied or show reason for the court to doubt the officer. Or, you can hire a lawyer for a small fee.

 

[FordSVTFan]

Either go on your arraingment date and plea not guilty and prove the officer is lied or show reason for the court to doubt the officer. Or, you can hire a lawyer for a small fee.

Is that your experience with the New York court system in regard to traffic offenses? There are only arraignments in criminal cases :uh oh:

What is your definition of a small fee for a NY attorney?

OP, this site might help you. Or read CobraEsq's posts on the subject.

NYS DMV - (Brochure) Traffic Violations Bureau: What To Do If You Receive a Traffic Ticket

 

[T-Bolt]

From what I rmemeber, in NY I don't believe you can plead down a ticket in court, only on the spot.

 

[Camaro_94]

From what I rmemeber, in NY I don't believe you can plead down a ticket in court, only on the spot.

I think it depends on your location.

In the town I live in, you can.. As well as many others throughout the county, but in the city, you cant.

I've always plead not guilty on the ticket, showed up for court, and taken the plea deal. If I were a betting man OP, and if your town allows you to plea down, most likely they would reduce it to a parking violation. I've seen it while at court many times, especially if you have a clean record, and thats what they did for my 2pt seatbelt ticket. They dropped it down to a $100 parking ticket with no points. All courts are different of course, thats just been my experience.

 

[Vanilla Mustang]

Thanks for the input guys, and that link is really helpful.

I think the Hauppauge TVB allows pleas. Figure I'll show up, speak with humility yet educated and hope for the best.

 

[COBRA_ESQ]

I think the Hauppauge TVB allows pleas. Figure I'll show up, speak with humility yet educated and hope for the best.

There is no plea bargaining at the Hauppauge TVB.

read CobraEsq's posts on the subject.

This is from a couple of days ago

Most tickets in Suffolk County New York get sent to the Traffic Violation Bureau.

RANT FOLLOWS:

The real and unstated purpose of the TVB is to generate as much revenue as possible by significantly making it more difficult for the accused than it would be in court.

The TVB is not a court but an administrative agency and part of the DMV which collects the fines. The case will be heard by a Administrative Law Judge (ALJ) who is an attorney and appointed by the DMV. In Suffolk, as with some of the other TVBs in the state there is no plea bargaining, you either plead guilty or go to trial.

There are significant differences from going to court. There is no prosecuting attorney, the case is prosecuted by the officer who wrote the violation. The standard of conviction is not "beyond a reasonable doubt" but the lower standard of "clear and convincing evidence". The rules of evidence and other procedural rules do not apply or are not as strict as in court and the ALJ is given considerable discretion on how they are enforced. As a result it is extremely difficult to for the accused to win. I have seen, more than once, where after the People have rested, dismissal of the charge is requested by the defendant because the People have not established all of the elements of the charge and the ALJ reopens the Peoples case and asks the officer leading questions to establish the Peoples case. The burden on appeal from an ALJ's decision is also is much higher than a judge's decision obtained in court.

The strategy in the TVB is to hope the officer does not appear on two occasions (sometimes three depending on the ALJ), at which the time the case will be dismissed. You are also entitled to an adjournment. In the past, as in court, since the People have the burden of going forward you would wait to see if the officer answered "ready to proceed" before deciding if you want an adjournment. However more recently the clerks refuse to check you in unless you tell them first if you are ready to proceed. The People are not required to state if they are ready to proceed until the case is called. If you say you are not ready the adjournment is chargeable to you and not the officer even if when the case is called the officer is not there or prepared. Only if you are ready and the officer is not, are the People charged with the adjournment. If you tell the clerk you are ready to proceed and the officer is also ready it will be tried that day.

In the local village/town/district courts plea bargains are common.

 

[Vanilla Mustang]

I saw the rant and was hoping that pleas were an option in Hauppauge. Do you have experience with this TVB?

 

[COBRA_ESQ]

I saw the rant and was hoping that pleas were an option in Hauppauge. Do you have experience with this TVB?

I would not have made that post if I did not have first hand experience.

 

[STR8JAKT]

1110a is the lowest moving violation ticket you can get in NY. Most times depending on the county you will get these offered from the ADA for a speeding reduction. In your case you are pretty much stuck with it, sorry.

 

[silver03svt]

Technically if there is a sign posted that says or shows "no left turn", and you made a left turn, then you did fail to obey a traffic control device. Signs posted for traffic control are considered a device by most state laws. Imho I would go to court with a clean record, be respectful, and ask the judge to have some leniancy based upon your record.

 

[Monster Mach]

From what I rmemeber, in NY I don't believe you can plead down a ticket in court, only on the spot.

my ticket got pleaded down with just a phone call.. just a fine no points and no record of it

 

[Vanilla Mustang]

Technically if there is a sign posted that says or shows "no left turn", and you made a left turn, then you did fail to obey a traffic control device. Signs posted for traffic control are considered a device by most state laws. Imho I would go to court with a clean record, be respectful, and ask the judge to have some leniancy based upon your record.

Yea..basically thats what I'm hoping for..I did do it but the road was THAT dead..if a tree falls in the woods and no one is there to hear it, does it make a sound? If you make an illegal left and no one is there to see it but the officer, do you get the ticket (yes).

 

[vip3r1850]

There is no plea bargaining at the Hauppauge TVB.

^^ What he said

The Hempstead court is about the only court in Long Island that will automatically reduce your ticket just for going to court ! 96 in a 55 I wound up paying a 650$ fine & 6 points. This is absolutely unheard of in L.I. pretty much, not only that it was postponed 5 times LoL. But I had a god damn good lawyer

The multiple times I was at the court I could tell you if you had the Hemsptead TVB it would be down to a parking ticket & fine as long as you had a clean license. They almost turn all violation to parking tickets in Hempstead (the town gets to keep most of the money that way)

 

[FordSVTFan]

^^ What he said

The Hempstead court is about the only court in Long Island that will automatically reduce your ticket just for going to court ! 96 in a 55 I wound up paying a 650$ fine & 6 points. This is absolutely unheard of in L.I. pretty much, not only that it was postponed 5 times LoL. But I had a god damn good lawyer

The multiple times I was at the court I could tell you if you had the Hemsptead TVB it would be down to a parking ticket & fine as long as you had a clean license. They almost turn all violation to parking tickets in Hempstead (the town gets to keep most of the money that way)

Okay, you can stop finding old threads just to tell us Cobra Esq knows what he is talking about, no one ever said he didnt.

Dont bump old threads and post constructively.

 

[vip3r1850]

*removed by moderator - you dont get to decide which is an old thread or how it is moderated*