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