NY Red light VTL 1111d1 defective?

[dleung65]

What is the name of your state (only U.S. law)? NY
Hello everyone,

I got a ticket for making a turn on a red light, as I had to wait for oncoming traffic to clear which is very heavy during rush hour.
My question is, if the license plate is incorrect on the ticket, can it be dismissed? I know there are somewhat hard and fast rules on what can make a ticket defective for Parking tickets, but are there any defects on Traffic tickets that can give a stronger case for dismissal? The plate description was BMW3333 instead of the actual plate of BWM3333.

Should I enlist the use of a lawyer for this?

BTW, the VTL of 1111d1 is for a red light, which is what it was, but I think a late turn on a red light needs a separate VTL and fine, as I think running a red light going forward, usually at speed, is distinctly different from turning late moving at 5 mph. $278 is also excessive and 3 points. In my opinion, they are not the same. But it is what it is.

Thanks for anyone's experienced opinion on this matter.

 

[FlyingRon]

Errors in the license plate are inconsequential. You won't get out of the ticket on such errors.

You're wrong about the citation. VAT 1111(d)(1) is proper. That says when facing a red signal you must stop. If you violate subdivision (2), the provision for right turn on red being LEGAL, you have violated (1) because (a) says you wait at the line unless (2) is met.

 

[HighwayMan]

VTL 1111(d1) IS the appropriate charge. It makes no difference whether you were turning or going straight - you're way off base with that.

If you can afford the time it's worth a try to plead not guilty and go to trial. A lot hinges on who wrote you and the judge involved. Generally the chances of winning against an experienced police officer are small (with or without an attorney), but you have no way of knowing that at this point.

The license plate typo will probably get you no where.

 

[dleung65]

Yes, I know that it's proper as the violation is written. I just think there ought to be a lesser charge in this type of offense since it doesn't seem to me that it is similar. Just like if you get a red light camera violation, it is only like $60 and no points. It's the same violation. Why is the penalty different? Just because a live person didn't catch you? There is undeniable proof in the picture.

But thanks for the advice. It seems like I'm out of luck.

As for the use of a lawyer. I'm seeing all these ads that say I should use a lawyer to fight it regardless. Just a lot of bluster or something I need to do? I just don't know if it's just a waste of time. And yes, I know that I'm guilty. But just like anyone arrested, you're ALWAYS told to get a lawyer to fight for you.
Thanks.

 

[FlyingRon]

What makes you think (d)(2) is a lesser charge than (d)(1)?

Red light cameras have different penalties due to the way the violations are handled, not because the offense they are monitoring is less severe.

 

[Zigner]

Yes, I know that it's proper as the violation is written. I just think there ought to be a lesser charge in this type of offense since it doesn't seem to me that it is similar.

How is it not similar? You ran the red light. It doesn't matter that you were turning or going straight.

 

[HighwayMan]

Just like if you get a red light camera violation, it is only like $60 and no points. It's the same violation. Why is the penalty different?

It's not actually the same thing. When you get a red light camera ticket in New York you are receiving a "Notice of Liability" and it goes against the vehicle since there is no way to know who was driving. The vehicle owner is responsible no matter who was driving, thus the zero points and relatively low fine.

A red light is a red light - there should be no lesser penalty because of your direction of travel.