subject: Nyc Traffic Tickets -- Ways To Get Out Of Them [print this page] NYC is a tricky place to be charged with a moving violation like speeding, red light, stop sign, etc. The traffic courts in NYS are much more lax then in NYC in general and that can be tough on somebody charged with committing a traffic offense. NYC traffic courts do have competent lawyers who defend motorists available for motorists to use for a fee to help the motorists defeat the violation for which they have been charged.
NYC has a much different courtroom experience then do other parts of the State of New York. There are certain procedural differences in NYC that hurt a motorist's chance of escaping unharmed from traffic court. There is NO PLEA BARGAINING IN NYC TRAFFIC COURT. So, for instance if you are charged with going through a red light, it is common in upstate for the judge to reduce your ticket to a parking ticket if it is your first offense and your license is clean. Whereas in NYC, you either win or lose and if you lose the fine is higher then in other parts of the state due to an increased City penalty.
NYC has other differences from other parts of New York State in terms of traffic court. Rules of evidence are relaxed and that helps the police in NYC prove their case. All a policeman in NYC has to do is merely state that his radar was working and in use and does not need to produce any radar documenation. Also in other parts of NYS, the CPL is the proceural code used to conduct hearings and the CPL provides a lot of protections to the persion charged with an offense. In contrast, in NYC, there is a special adminstrative procedure that is contained in DMV rules that is civil in nature and does not protect the motorist much.
A competent an experienced traffic court lawyer can help a motorist prevail in NYC Department of Motor Vehicle traffic court. The lawyer will be familiar with court procedure, lightened rules of evidence and be familiar with the judge and his or her special quirks and tics.
NYC administrative adjudications of traffic matters require different skill then do tickets heard upstate. A qualified NYC traffic attorney is vital to prevailing in this tribunal.
