Dispute Parking & Traffic Tickets
From NYC Driving and Parking in New York City
|
This is an Introduction page. To find out more information about fighting Parking Tickets please refer to:NYC Parking Ticket or if you need help with Traffic Tickets or moving violations please refer to:Non-criminal Traffic Violations
[edit] Got your first traffic ticket or moving violation in New York City?
If you gotten advice to fight the moving violation and hope that the police officer won’t show up for a court date, this will not work! The no evidence or police witness no case advise is flawed. The officer will show up, even if in an emergency the officer can still postpone the court date at the last minute, just like you can.
If a lawyer give you this advise at the court house he is trying to make his $100-$300. These so-called lawyers in suits lurks around the court house asking if they can represent you for $100-$300 to fight the traffic ticket for you. But all they can do is postpone the court date at the last minute and tell you that next time if the police does not show up then you win! which is a load of bull shit. You can represent yourself and postpone the court date just as easy and the so-called lawyer has no special tactics or loophole that he can use to help you fight the moving violation. They are just there to make money.
[edit] Types of Violations
Tickets in New York can be divided up into three types:
- minor violations (parking tickets and Non-Moving Violations)
- non-criminal traffic violations (Speeding over 31-40mph or less, Disobeying traffic control signal, and other moving violation)
- criminal traffic violations which can lead to arrest(DWIs, Reckless driving endangering others, speeding over 40mph, Leaving the scene of an incident, etc.)
Parking Tickets or Non-Moving Violations
These are the tickets that won’t ruin your day although it will cost a lot in NYC. They include parking tickets, expired registration, minor equipment malfunction, and tickets from a Red Light Camera. You will receive a fine which varies by location and offense, and it can be up to $350. However, you do not get any points or anything negative on your record if you pay on time. You should definitely fight this ticket regardless of whether you are guilty or not, because it will reduce the fine. See the Minor Non-moving Violations page for information on how to fight this type of ticket.
Procedure for disputing a Broken, not working, and out of order Meters parking ticket.
Non-criminal Traffic Violations and Moving Violations
These are violations that come with a fine and points on your driving record. You are not required to go to court. You can simply pay the fine, receive the points on your driving record, and receive a huge hike in your insurance rate for the next three years.
You should fight these traffic tickets because the insurance increase will be substantial (sometimes double what you are paying now!), and that it could ruin your perfectly clean record, making it impossible for an officer to let you off with a warning next time. Refer to Non-criminal Traffic Violations for your options.
Criminal Traffic Violations
You must go to court. You must get a good lawyer as you might pay a huge fine and/or get jail time.
[edit] Myths
Moving Traffic Violations in New York City, here are some of the myths:
- There is a chance the officer will not show up for court date and the ticket will be dismissed. Nope. The officer will always shows up or he/she can postpone it.
- The judge will dismiss the points if I pay the fine. Nope. Not in NYC.
- I will get leniency from the judge for having a clean record. Nope. No leniency what so ever.
- I can question the memory of the officer and if the details are not 100% correct, it will be dismissed. Nope. The officer not having a clear memory of you, your vehicle, or the incident is not good enough of a reason for the case to be thrown out.
