Moving Violation In NYC disobey pavement marking

[Anon11230]

What is the name of your state (only U.S. law)? NYC

I received a ticket in NYC for failing to obey traffic control device. Staying in a lane and going straight instead of making the turn indicated on the pavement (2points). My defense was traffic was moving too fast for me to switch lanes by the time I realized it was too late I decided just to go straight to avoid traffic congestion. After accepting my plea fine after seeing the judge I decided that maybe I can appeal it because the police officers testimony did not indicate what kind of car I was driving what color what plate. I'm putting the appeal together but I was wondering if anyone knew how to prepare these letters and if i should request a transcript review. Also the judge reduced the fine but said that she could not remove points. Any help would be greatly appreciated.

ThanksWhat is the name of your state (only U.S. law)?

 

[cyjeff]

What is the name of your state (only U.S. law)? NYC

I received a ticket in NYC for failing to obey traffic control device. Staying in a lane and going straight instead of making the turn indicated on the pavement (2points). My defense was traffic was moving too fast for me to switch lanes by the time I realized it was too late I decided just to go straight to avoid traffic congestion. After accepting my plea fine after seeing the judge I decided that maybe I can appeal it because the police officers testimony did not indicate what kind of car I was driving what color what plate. I'm putting the appeal together but I was wondering if anyone knew how to prepare these letters and if i should request a transcript review. Also the judge reduced the fine but said that she could not remove points. Any help would be greatly appreciated.

ThanksWhat is the name of your state (only U.S. law)?

The time to contest the details of the ticket were during the first trial.

I wouldn't waste your time.

 

[Isis1]

What is the name of your state (only U.S. law)? NYC

I received a ticket in NYC for failing to obey traffic control device. Staying in a lane and going straight instead of making the turn indicated on the pavement (2points). My defense was traffic was moving too fast for me to switch lanes by the time I realized it was too late I decided just to go straight to avoid traffic congestion. After accepting my plea fine after seeing the judge I decided that maybe I can appeal it because the police officers testimony did not indicate what kind of car I was driving what color what plate. I'm putting the appeal together but I was wondering if anyone knew how to prepare these letters and if i should request a transcript review. Also the judge reduced the fine but said that she could not remove points. Any help would be greatly appreciated.

ThanksWhat is the name of your state (only U.S. law)?

what was stopping you from following the lines per the law and just going around the block to try again?

as for the appeal, what was the mistake of law that occured?

 

[Anon11230]

i really dont know but a lawyer told me to fight it as the officer didnt know what kind of car i was driiving. but how do i take this to trial?

 

[Anon11230]

what was stopping you from following the lines per the law and just going around the block to try again?

as for the appeal, what was the mistake of law that occured?

Oh I see whats a reason why just didnt go around the block?

 

[Isis1]

i really dont know but a lawyer told me to fight it as the officer didnt know what kind of car i was driiving. but how do i take this to trial?

i would never ever refer anyone to do an appeal without an attorney.

did the attorney tell you to fight it before or AFTER the judge ruled against you?

 

[Anon11230]

i would never ever refer anyone to do an appeal without an attorney.

did the attorney tell you to fight it before or AFTER the judge ruled against you?

after the ruling

 

[Isis1]

after the ruling

an appeal isn't to disagree with the ruling itself. an appeal is to establish the judge ruled against the statutes of the law. you should get an attorney for that.

 

[HighwayMan]

Your "defense" is not valid. What you should have done is made the turn and gone around the block.

The color of your car is not necessary testimony. Neither is the plate number. However, the car should have been identified somehow (even in a general way like "a 2001 Honda") since this IS an element of the offense.

Are you sure he didn't say what you were driving? An experienced officer will present his case completely and fairly quickly, maybe you missed it. Were you taking notes?

Appealing will cost you money - it is not free as it is with a parking ticket. Read your appeal form! As far as I know, you MUST get a transcript. When you get the transcript make sure the officer left out any information about the vehicle. If you are wrong then you have NO basis to continue the process.

Be aware that there are two types of appeal. You can either appeal the verdict or simply appeal the penalty. You have no argument with the penalty, so you are appealing the verdict.

 

[HighwayMan]

By the way, I disagree with Isis.

You don't need an attorney for a Traffic Violations Bureau appeal if your basis for appeal is as simple as the fact that the motor vehicle was not described.

Get your transcript first and carefully review the testimony of the officer to see if he really did leave that out.

 

[Isis1]

By the way, I disagree with Isis.

You don't need an attorney for a Traffic Violations Bureau appeal if your basis for appeal is as simple as the fact that the motor vehicle was not described.

Get your transcript first and carefully review the testimony of the officer to see if he really did leave that out.

okay fine! disagree ...true. you shouldn't have to "waste" money on traffic court.....but when you don't know exactly what an appeal is for......egh...just my two cents...

 

[HighwayMan]

okay fine! disagree ...true. you shouldn't have to "waste" money on traffic court.....but when you don't know exactly what an appeal is for......egh...just my two cents...

Oh, I disagree with alot of people, so you're nothing special! The TVB is a unique environment which I am intimately familiar with since I testify there weekly and have been doing so for about ten years.

The New York State Department of Motor Vehicles Traffic Violations Bureau came into existence many years ago to adjudicate traffic cases as administrative matters. It is not really the type of court geared towards the formalities of the legal process. Most people represent themselves.

In this case, the violator has one specific point he is legitimately focused on - the failure of the officer to identify the violator's vehicle. He does not have to file any fancy legal document or use any legal language in his written appeal. He simply needs the transcript and, IF he is correct, make an issue of the fact that the officer left out a required element of his testimony. Pretty straightforward.

I will try not to disagree with you in the future!

 

[Isis1]

Oh, I disagree with alot of people, so you're nothing special! The TVB is a unique environment which I am intimately familiar with since I testify there weekly and have been doing so for about ten years.

The New York State Department of Motor Vehicles Traffic Violations Bureau came into existence many years ago to adjudicate traffic cases as administrative matters. It is not really the type of court geared towards the formalities of the legal process. Most people represent themselves.

In this case, the violator has one specific point he is legitimately focused on - the failure of the officer to identify the violator's vehicle. He does not have to file any fancy legal document or use any legal language in his written appeal. He simply needs the transcript and, IF he is correct, make an issue of the fact that the officer left out a required element of his testimony. Pretty straightforward.

I will try not to disagree with you in the future!

i humbly concede. happily. with my cheesecake.

 

[HighwayMan]

Take it easy with that stuff, you might get fat...

 

[Isis1]

Take it easy with that stuff, you might get fat...

ha ha!! too late!!