Traffic Lawyer Gets Traffic Ticket (Part 3)

New York Traffic Ticket For Disobeying A Traffic Control Device

I have been diligently scouring the Vehicle and Traffic Law and researching relevant case law precedents to craft a defense to my recent traffic ticket.  Allegedly, I disobeyed a traffic control device.  Click here for details.

As a New York traffic lawyer whose law firm fights the most traffic tickets throughout New York State, I need to win this case for pride (not to mention the $130 fine and surcharge).

Giselle Dragon, our cracker jack paralegal, noticed right away that the officer omitted certain information.  Specifically, he failed to write the expiration date of my registration.  However, unlike a parking ticket, omission of these types of details is not fatal (although it can be used to attack the officer’s carefulness and credibility at the traffic trial).

She then pointed out that the ticket says “pavement markings” which here is helpful for me   Disobeying a traffic control device is a catch-all moving violation.  It refers to any sign, pavement marking or other official DOT device which restricts or prohibits certain movement.  By writing pavement marking, the officer is narrowing the scope of this charge to a specific type of traffic control device.

More importantly, here, he claims that I improperly used the acceleration lane to pass motorists on the right.  However, there really is no pavement marking which I disobeyed.  At best, I crossed a broken white line but that’s not illegal.  Motorists cross these types of pavement markings all the time.  Further, in my case, there actually were no markings on the pavement separating the right lane from the acceleration lane.  See photo below.

So, here is my defense.  I am charged with disobeying pavement markings which don’t exist and, even if they do exist, would not be the type that restricted or prohibited me from crossing them.  Having years of experience as a traffic lawyer, I can tell you that this type of legal argument is much more compelling to a judge than simply saying “I didn’t do it”.

No pavement markings separating right lane from acceleration lane

Stay tuned.  A not guilty plea will be entered and updates to then follow.

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Traffic Lawyer Gets Traffic Ticket (Part 1)

Two weeks ago, the title of this blog post would have been “Traffic Lawyer’s Wife Gets Traffic Ticket” but I decided to be nice and spare my wife the embarrassment.  Well today, it is me who is embarrassed.  (Not really, I have thick skin).

Acceleration Lane On The Long Island Expressway

In bumper-to-bumper traffic on the westbound Long Island Expressway, I got impatient and allegedly used the accelerator lane to pass a bunch of cars on the right (note emphasis of “allegedly”).  A nearby officer didn’t like my time-saving maneuver and pulled me over.

I was issued a ticket for Disobeying A Traffic Control Device (Vehicle And Traffic Law Section 1110a).  This traffic ticket is a moving violation and carries 2 points.  The fine is currently $50 plus an $80 surcharge.

To my readers, I promise to put my keen legal skills to work and beat this ticket.  Stay tuned.

NYPD Officer Issuing Me A Traffic Ticket

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Traffic Tickets Are Big Business

No surprise here. New York municipalities rely heavily on revenue from traffic tickets to supplement receipts from its taxpayers. The size of the New York traffic ticket revenue, however, might surprise you. There are over 1,262 justice courts in New York State, and 37 of them generate more than $1 million in revenue.  The top 6 had over $2 million.

The number one traffic court is Port Chester traffic court in Westchester County with $2.3 million in revenue.  The revenue is derived from traffic ticket fines, fees and bail forfeitures, and the locality shares it with the state.

In order of revenue, the top three grossing New York traffic courts are:

• Port Chester traffic court in Westchester County
• Hempstead traffic court in Nassau County
• Colonie traffic court in Albany County

Other top grossing traffic courts include:  East Hampton traffic court, Clarkstown traffic court, Bedford traffic court, Harrison traffic court and Walkill traffic court.  When it comes to generating money, however, none of these courts compare to the Traffic Violations Bureau in New York City and Suffolk County.  The TVB, by far, generates the most money for New York State than any other traffic court.

Even small of the less active traffic courts generate relatively big monies.  Rotterdam traffic court is one of the top grossing court’s in the Capital Region with over $425,000 in revenue for the town and representing 3.2% of its $13 million budget.

Interestingly, the allocation between the locality and state is subject to manipulation.  When a traffic court enters into a plea bargain, it can agree to certain types of reductions which result in the locality keeping 100% of the fine.  An example of such a plea is a local parking ticket.  This is why it pays to fight any New York traffic ticket or speeding ticket returnable at traffic court which allows for plea-bargaining.

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Santa Claus Issued A New York City Traffic Ticket

In New York City, it was widely publicized when a man dressed as Santa Claus was issued a NYC traffic ticket for being double parked in November 2008.  The 60-year old retired school teacher dressed as Kriss Kringle was ticketed while handing out Christmas gifts nearby.  Less commonly known is the outcome of Santa’s case.  He contested the $115 but Scrooge-like parking officials unfortunately were not in the Christmas spirit finding him guilty as charged.

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Funny Traffic Anecdote, Part II

We had a client come into the office the other day who appeared to be a regular guy. He asked a lot of questions but it was not until he posed the following query did my antennas go up:

Client: If I hire you to fight my ticket, can the police make it worse for me?

Me: (Suspicious) Well, perhaps you should tell me exactly what happened during the car stop.

Client: I crossed over the double yellow line to pass a slow moving vehicle, and the officer pulled me over for unsafe passing.

Me: What happened when the officer approached your car?

Client: Well, um, well, I was naked at the time.

Me: (Without hesitating or cracking a smile) This sounds like a case which we will NOT want to take to trial.

Client: Why not?

Me: Because the officer will most definitely remember this case.

Client: You think? I was IN my car (indicating his lower body was not readily visible sitting down in the driver’s seat).

Me: Oh yes. By the way, you should know that it is illegal to drive naked.

Client: But he really couldn’t see anything until he stopped me.

Me: You are considered indecently exposed if your naked body is visible in plain view.

Client: Oooooh.

Me: That will be $500.

(We are equal opportunity law firm — i.e., accept fees from even the pocket-less).

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