| The most common type of moving violation is | | | | own case, most motorists do not know how to listen |
| speeding. Because a New York motorist can get 3 to | | | | carefully or cross examine. Rather, they basically |
| 11 points for committing such an infraction, it is important | | | | ignore the officer's testimony, fail to ask any questions |
| to know how to fight such a ticket. This information is | | | | and, instead, just tell the judge their story. This |
| particularly useful at the Traffic Violations Bureau | | | | incomplete approach is not recommended and is |
| because this venue does not allow for any type of | | | | clearly not effective. |
| deal-making of plea bargaining. This article will provide a | | | | If you do fight your own TVB speeding ticket, listen |
| basic framework to help you fight a New York | | | | carefully to the officer's testimony and even take |
| speeding ticket at the Traffic Violations Bureau. | | | | notes. If the officer omits critical testimony (ex., date, |
| The first step is to compute how many points are | | | | time, location, direction, your ID information), then point |
| involved with the New York State speeding ticket you | | | | this out to the judge after the officer rests. Similarly, if |
| have been given. | | | | the officer gives testimony which is inconsistent with |
| The following chart will help you figure this out: | | | | his other testimony or the information on the ticket, |
| 1 - 10 mph over speed limit - 3 points | | | | then likewise point this out to the judge. |
| 11 - 20 mph over speed limit - 4 points | | | | For instance, I once was fighting a NYC speeding |
| 21 - 30 mph over speed limit - 6 points | | | | ticket when the officer testified that the motorist was |
| 31 - 40 mph over speed limit (possible suspension) - 8 | | | | proceeding east bound on the Long Island |
| points | | | | Expressway. The ticket, however, indicated W/B (i.e., |
| More than 40 mph over speed limit (possible | | | | west bound). After the officer rested, I showed the |
| suspension) - 11 points | | | | ticket to the judge who promptly dismissed the case. |
| Points are measured from the date of offense (even | | | | Even without an omission or inconsistency, you should |
| if you are convicted years later). So when adding the | | | | still ask thoughtful questions of the officer. For |
| possible points for a newly issued speeding ticket. you | | | | example, if your defense is that the officer pulled over |
| must go back 18 months from the date of the new | | | | the wrong car, then ask him where was he when he |
| ticket and determine how many other points you have | | | | first saw your car, did he have to pass any other cars |
| on your record. Also, three speeding convictions within | | | | to apprehend your car, and how long did it take him or |
| 18 months will result in an automatic revocation in your | | | | apprehend you. These types of questions build on your |
| driving privileges for 6 months. | | | | defense. |
| The next step is to determine whether your case is | | | | Also, ask to the see the officer's notes. Read them |
| returnable at a Traffic Violations Bureau (TVB) court | | | | and determine whether his notes are consistent with |
| or not. There are two, very different traffic court | | | | his testimony. Any discrepancy should be pointed out |
| systems in New York State and, therefore, this | | | | to the judge. Also, do not be afraid to ask the officer |
| determination is important for you to understand what | | | | to decipher illegible portions of his notes. |
| you can and cannot do. If you are not within the TVB, | | | | After your cross examination of the officer, it is time |
| then usually you can resolve the case by a plea deal. | | | | for you to offer your defense. Speak slowly and |
| The TVB courts cover any New York traffic ticket | | | | clearly. Hand up any evidence supporting your defense |
| issued in New York City (Manhattan, Bronx, Brooklyn, | | | | such as photos, witness statements or diagrams. |
| Queens and Staten Island), western Suffolk, Buffalo | | | | Keep in mind that the judge hears many, many such |
| and Rochester. A New York speeding ticket issued in | | | | cases and, therefore, you should not be repetitive or |
| any other place within New York State will not be a | | | | rambling about irrelevant information. |
| TVB court. | | | | One last tip. Prior to fighting your case, watch the |
| The reason this is an important inquiry is that TVB | | | | judge and how he handles other cases. Does he listen |
| courts generally do not allow any type of deal-making | | | | and take notes? Does he seem impatient or |
| or plea bargaining. Rather, you must either plead guilty | | | | distracted? If you are concerned about whether you |
| or not guilty and, if you plead not guilty, you are given a | | | | will get a fair hearing, ask for a new date. It is unlikely |
| hearing where you will either win or lose. In this "all or | | | | that you will get the same TVB judge on the next |
| nothing" court, it really pays to retain an New York | | | | assigned date. |
| traffic lawyer to fight your case. That is, a New York | | | | I hope this article has been helpful in getting you |
| traffic attorney who is experienced and | | | | prepared to fight your own NY speeding ticket when |
| knowledgeable in fighting speeding tickets at the TVB. | | | | returnable at the TVB. |
| Putting aside the emotions involved with fighting your | | | | |