org,

I was making a left turn, entered the intersection on green, traffic prevents me from turning, light turns yellow. Traffic prevents me and a SUV (SUV in front of me) from turning, light turns red (its a 4 lane wide intersection). I turn on the red (I'm guessing couldn't see the light any more), because I was in the intersection blocking a bus. Officer sounds his sirens and pulls me over.

Officer: He came up to the car and said, thats how accidents happen, license and registration please.

Me: Hello Officer, I was already in the intersection.

Officer: No you wasn't, gives me a ticket (1st offense) for $100 + $30 surcharge. I know it isn't a get out of jail free card but gave me back my PBA card.


You guys give great advice, so please help, what should I do:
Should I pay the fine and get points (don't know how much, probably 4pts for a red light). Will my insurance also go up? (NYC if it matters)

Should I fight it and hope the judge is fair?

stressed
SHIFT_woosh

 

I'd probably go to court on that one and hope the judge is having a nice day. Unfortunately, if the officer insists that you were behind the line when the light turned red, and he makes it a point to push that point...you're getting the ticket and the points.

 

When I did a ride along with a cop friend of mine I asked the exact same scenario. According to him, you are only allowed to have one vehicle in the interesection at a time. In other words, if there was a SUV out there waiting to turn left, you should've stayed back behind the stripes till the intersection was cleared. (I know, I know, we never drive that way)

So good luck in getting out of it, but those are the rules. Good luck.

 

always go to court...no matter what happnes, they'll at least lower the price

 

Don't you have a special law in NYC about not blocking intersections? Something like, you should NOT enter the intersection if you can not leave it on green.
Where I live we don't have this. So, I am not sure.

 

This is true in all cases except two (that I can think of off the top of my head). When alcohol is involved, OR if you have a bad driving record and already have 3+ speeding tickets/parking tickets what have you. If you go to court and they see that you've have had multiple driving citations before and believe you have a "bad" driving record, it is very likely they will not lower your fine. You'll end up wasting your time and money because they'll make you pay the original fine for the citation PLUS court costs!

I should know. I've been charged with multiple midemeanors and have about 10 speeding tickets in 3 states... some of them are still outstanding too!

Anyway, there ARE 2 exceptions to the above circumstances. These two exceptions can be overcome with the help of an attorney. But then you're still out money and now you have to pay the retainer fee for the attorney.

Thank god I only pay $26 a month to have an attorney take care of this kind of stuff whenver I need it (at no cost).

Wasn't this a fun commercial?



http://lcf.digitalrice.com

 

Anyone fought a ticket like this and win?

Someone told me I could get a lawyer at the court that day (he says do the case for like $60 win or lose). Should I use a lawyer?

Any tips on getting the points getting the points not reported to my insurance, if I lose? (I already took a AAA defensive course back in september)

stressed
SHIFT_woosh

 

Ah! Those guys give lawyers a bad name. They hang around the courthouses and "prey" on desperate people. They're called ambulance chasers. Heh. Dude, I wouldn't skimp out and get a crappy lawyer. Keep in mind that the attorney you retain is speaking on YOUR behalf. If he ****s up, you're absolutely SOL.Hm. Unless you know someone that works at the DMV that will do an illegal favor for you... not possible. This is what an attorney does on your behalf! Your attorney will bargain for you and fight to get no points added to your license and also attempt to have all the fees thrown out. If he/she is not successful in having everything thrown out, in most cases the fines and points are reduced.

SHIFT_Good luck

 

don't know about ny, but here is california where EVERYONE drives, i've heard some positive stories about judges not applying points to insurance. if you're found guilty, but understandably so (favorite example being: speeding to the hospital), the judge has the option of charging you all the fines and penalties, but not report the infraction to insurance. in the long run, this of course saves you lotsa money.
but again, i don't think it'll hurt to try. if the officer filled out his vacation dates, go to the arraignment early and schedule your court date during his vacation. that's how i got out of my last ticket

 

was it in manhattan?
i remember seeing a sign on 11th ave somewhere along 40s street. that says Do not block the intersection $100 fine and 3 points...

 

here in CA, it's almost impossible to get out of one of those tickets eventhough that's how everyone drives. Considering that you have to follow the vehicle ahead of you closely to either remain partially or completely merged into the intersection, the first vehicle turns when it's yellow and then you follow when it's red... so technically your running the red light. A cop explained to me that your suppose to retain at least a one car length between you and the front car, in which case "should" put you behind the line while waiting for the car ahead of you to make the left turn. Obviously if this was the case, then there would be only 1-2 cars making a left at every intersection... so it just depends on your luck, and the cop's day. Good luck if you decide to go to court.

 

see ur just plain out dum stupid...sorry to say..

first u tell the cop im sorry ... show 100 % respect..
tell him u didnt know the light turned red...and u had no chose but to take the turn @ that moment.... then be like if it helps my uncle cousin etc etc..is a police officer from so n so .. it gives any help

trust me... i use it all the time...

Highway partol let me go once ...caught doin 130 goin to work on the highway...

 

Is it possible to just walk away from this without any points?

 

Heh. Dude, I don't want to sound like a broken record but like I said earlier... it depends on your record and if you have a competant attorney.

 

Yes... here's my experience. If you go to court, the judge will reduce it at least two points. (2 points don't show on your record). My last ticket was 70 in a 55. The officer gave me 4 points and $150. When I went to court, I pleaded guilty and the judge gave me 2 points and dropped the fine to $70.

Also, this sometimes works - REQUEST A JURY TRIAL. You have the right to trial by jury. I've heard that usually the judge will drop the ticket so the court won't have to worry about getting a jury for a simple traffic ticket.

 

No offense, man, but this is the worst advice I've ever heard. You have two rights. A right for a non-jury trial and a right for a jury trial. In this case you do NOT want to request a jury trial. If you do, you WILL get what you request. It is your legal right! To think a judge will simply dismiss the charges because you req a jury trial for a traffic related charge is ridiculous.

Remember, if it goes to traffic court, you want a NON-jury trial. Any attorney will tell you this. If you request a jury trial, unless there are some extremely compelling facts to support your case, you are simply going to end up looking like some guy trying to get out of a speeding ticket (or whatever it may be) and the jury will find you guilty! And remember, jurors are not allowed to feel sympathetic towards you. I'm sure they all take left turns the same as we all do... but they are supposed to uphold what the law says. The law is rather simple... the intersection is supposed to be clear.

 

I'm just passing along information that someone told me. I have no first hand experience. Just a friend who has a friend who did it.

 

There must have been some other extenuating circumstances. Must have.

Yeah.