speeding tickets – The Law Offices of Zev Goldstein, PLLC

New York DMV Commissioner ticketed for speeding

admin — Fri, 31 Oct 2014 01:57:23 +0000

Less than three weeks after her son pleaded guilty to drunk driving, after his involvement in a hit-and-run accident, a story which we have covered earlier on this blog, the Department of Motor Vehicles Commissioner for New York, who is also the chairperson of the New York Governor’s Traffic Safety Committee, was stopped and issued a speeding ticket of 47 MPH in a 30 MPH zone in the town of Vestal, New York. Is 30 MPH too slow? In NYC, some think that 25 should be the limit. If the commissioner would do 47 in NYC, she would be facing a 6 point ticket.

The commissioner, Barbara Fiala, who’s speeding ticket alleges that she was driving 17 miles per hour over the speed limit when she was stopped. Ms. Fiala has claimed through the DMV spokesperson that the claimed violation of law was inadvertent and that she has already paid the traffic ticket by mail. She has also pleaded not guilty to the charge of speeding.

The commissioner’s apparent decision to plead not guilty and not pay the entire speeding ticket may raise some ethical questions, as the commissioner is not any other citizen. Should the commissioner be trusted in managing the law and order of the entire state in traffic matters if she herself disregards them?

As we discussed before, in accordance with the policy in the Broome County DA’s office, this ticket can not be reduced to a parking ticket, and the lowest it can go is a 7 MPH speeding ticket. The commissioner does qualify for the diversion program because the policy in the Broome County DA’s office is to allow speeds under 25 MPH over the limit to be entered into the diversion program for first time offenders.

The commissioner’s apparent decision to pay the ticket and plead not guilty may raise some legal questions, just as it would with any other citizen. As we have indicated on our own website, in many cases, paying a speeding ticket has the same effect as pleading guilty and results in an automatic conviction on the charge.

Generally speaking if you have been issued a traffic ticket in New York and plan to fight it, then before paying the fine it is usually a good idea to first consult with a law firm that has experience defending clients in traffic court. Knowledgeable counsel may be able to help you to secure an acquittal, or to find ways to reduce the charges against you as well as any fines you may be subject to.

Source: Pressconnects.com, “DMV Commissioner Fiala gets speeding ticket,” Joseph Spector and Jason Whong, Oct. 21, 2014

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25 MPH speed limit zero vision

admin — Fri, 20 Jun 2014 02:05:40 +0000

The new 25 MPH speed limit is in effect for parts of New York City’s 5 burrows. While speeding does kill, I do not think that people driving 30 MPH are the problem. This is not vision zero, its zero vision.

State Lawmakers Give OK To 25 MPH Speed Limit For New York City

I actually first saw these signs last night on Eastern Parkway while I drove in to Crown Height- the Chabad International Headquarters in Brooklyn NY for my daughter’s engagement party www.collive.com/mt_show.rtx?id=7349

Drivers speeding at 26 MPH now face a 3 point speeding ticket, and after 3 speeds they lose their driver’s license. Anyone speeding 46 MPH or more in the 25 MPH zones will face 6 points and up to a $530 fine for a first offense.

While it will make those who do speed excessively pay higher fines and receive more points, the NY State and NY City could have simply left the speed limit alone and raised the penalties or points for speeding tickets. I am still waiting for the other shoe to drop with the extended driving record which will make the point system much more effective.

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Speeding Tickets and Supporting Depositions

admin — Sun, 05 Jan 2014 13:05:10 +0000

Speeding Tickets are in-sufficient when a supporting deposition is requested and none is provided or when the police officer writes one by his or her own choice. Each type of ticket requires different information permanent to the traffic violation alleged. However the supporting deposition must contain accurate and sufficient information.

This speeding ticket’s supporting deposition has a number of errors, can you spot them?

https://drive.google.com/file/d/0ByEuInEiQQ2-NGo4T2V6YmVWUzA/edit?usp=sharing

Notice the date affirmed and the date of violation:) Next see how fast the ticket is for and the PACE speed. While the visual estimate of speed backs up the ticket’s speed, the PACE speed does not help this officer’s case. I wonder how many Speeding Tickets this officer has given out?

A 11 to 30 mph speeding ticket over the limit is punishable of a fine of up to a $300 fine, plus a Court Surcharge of $93 and 4 points. Having a attorney representing can reveal defects in your ticket which can make the ticket dismiss able.

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Speeding Tickets more common in Summer than Winter

admin — Thu, 02 Jan 2014 13:12:47 +0000

It’s documented and explicit speeding tickets are more common in the summer than in the winter. See this 10 year Google graph. Every year tickets spick in July and they are at their lowest in December. http://www.google.com/trends/explore#q=speeding%20ticket&cmpt=q

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