It is quite important to use a competent NYC traffic lawyer to beat any traffic ticket you receive from police in NYC. This article discusses how such an attorney can help you dismiss a NYC stop sign ticket.
Before we get into how to beat a NYC stop sign violation, let’s examine the differences between NYC traffic court and traffic court in other parts of NYS. Westchester will be representative of the rest of NYS and Manhattan will be representative of NYC.
If you get a stop sign summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed.
If you lose your NYC traffic court hearing for a stop sign ticket, the result will be a fine and 3 points on your driver’s license whereas in Westchester you would have plea bargained your way out of points if your driving record was good. Further, your insurance premium will almost certainly go higher from a stop sign violation. Remember, in Westchester, none of this would have happened.
Moreover, the procedure and evidence rules in NYC are far more generous to the NYPD then to the motorist when compared to other parts of NYS. In NYC, special DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the officer who wrote the ticket. The officer’s burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you went through the stop sign then didn’t). In the rest of the state, the burden of proof is beyond a reasonable doubt, which greatly favors the motorist.
What can a lawyer do for you? Quite simply, a competent and experienced NYC traffic court lawyer is your best defense in beating a NYC stop sign ticket.
A lawyer knows the elements involved in the police prima facie case. Meaning, those things that the officer must say in order to get a motorist found guilty. If an officer makes a mistake, then the lawyer can vigorously move to dismiss the charge. Some of the elements that the officer must prove involving a NYC stop sign ticket are 1. The stop sign was well placed and readable both before and after the traffic stop; 2. The motorist entered the intersection and passed the stop line and sign without coming to a complete stop; 3. An accurate description of the roadways involved; 4. A description of the weather; 5. Proper ID of the motorist through a state issued motorist id card, i.e., driver’s license, 6. No emergency vehicles or other police or enforcement officers instructing the motorist to go through the intersection without stopping, etc.
It is imperative to hire a NYC traffic lawyer to dismiss your NYC stop sign ticket. Most stop sign tickets are generally dismissed by a competent NYC traffic ticket attorney.
Michael Spevack, Esq. is a NYC traffic ticket lawyer with more than 15 years’ experience in beating traffic tickets in NYC. He is a graduate of NYU School of Law, and would be glad to help you beat your summons. Visit Michael Spevack, Esq.’s web site now.