passing on shoulder -NY

[vv220]

What is the name of your state? NY

I got a ticket for entering the right turning lane too early, driving on the shoulder.
The officer did not identify the car I was driving correctly, he got the entire car section wrong: wrong plate number, VIN, color, make. I no longer own that car, the plate numbers in the ticket are associated with a different car, and have been for a few weeks now. Is the fact that the car cannot be identified enough to get me out of the ticket?

Also, how many points is this violation?

[Ozark_Sophist]

So you had the plates from your old car on your new car and that should get you off?

[Zigner]

Are YOU identified correctly?

[vv220]

I wasn't even driving the car that the old plates are on. I was driving my wife's car with different plates, vin, etc. I think I gave him my old registration in the heat of the moment, he didn't bother checking and wrote me up on the old car and my 2 year old address.

The only thing he got right was my name.

[You Are Guilty]

Originally Posted by vv220

I wasn't even driving the car that the old plates are on. I was driving my wife's car with different plates, vin, etc. I think I gave him my old registration in the heat of the moment, he didn't bother checking and wrote me up on the old car and my 2 year old address.

The only thing he got right was my name.

None of that is material for a moving violation.

If you post the statute he wrote you up under, we can tell you the points associated with it. (Odds are 2-3).

[vv220]

VTL 1123(b)

Thanks for the help.

[xylene]

3 Points.

This isn't some bureaucratic requirement... the law is this way for everyone's safety. You could have hit a pedestrian or bicyclist.

You should re-read this document.

[url]http://www.nydmv.state.ny.us/dmanual/default.html[/url]

I don't say that as a joke or to admonish you, but as a serious positive idea. It will also be instructive to you on what will not be a defense.

The fact that you presented the wrong registration is NOT a defense, and trying to use it as one might even end you up in hot water... Your "honest mistake" + the officers honest mistake = you presenting improper registration...

[vv220]

Thanks xylene, 3 pts, ouch. Is this type of offense looked at by car insurance companies? If they disregard it then I'll just pay the ticket and forget it. I don't care about the money, only the points.

[xylene]

Originally Posted by vv220

Thanks xylene, 3 pts, ouch. Is this type of offense looked at by car insurance companies? If they disregard it then I'll just pay the ticket and forget it. I don't care about the money, only the points.

DMV points are only used to establish a basis for driving record based suspensions.

Insurance companies MAY use the DMV point system or their own point system, or they may use an offense based model to determin premiums.

Any moving violation is likely to be considered by your insurance carrier.

Consider taking a DMV points reduction course. This may reduce you insurance as well.

Ask your carrier for options and consider switching carriers at renewal.