Traffic Control Device Violations
The majority of Traffic Violations given out in New York City are for “Disobeying a Traffic Control Device” (NYS VTL 1110-a). Instead of the police officer writing out the specific subsection (law) which was violated – such as disobeying a stop sign or running a red light – the officer simply generalizes that the motorist did not obey “a sign”. This may indict that the police officer did know the actual sub section of the law which was violated.
Traffic Control Device Violations (NYS VTL 1110-a)
Any sign posted on the street which helps to regulate traffic is considered a traffic control device. Whether it be a stop sign, green or red arrow, double yellow lines, white line, no u-turn sign, yield sign, or speed limit sign, each of these violations are technically covered by the general law which requires that one must obey the signs of the road, which is New York State Vehicle and Traffic Law 1110-a.
Often, when one receives this kind of traffic violation, they are breaking a rule which they was not aware of, or that does not exist. If when testifying at trial, the police officer can not articulate the law violated, the traffic violation must be dismissed.
Supporting Depositions for Traffic Control Device Violations
In any Court outside of the Traffic Violations Bureau a motorist has the right to request that a supporting deposition be issued and served on them. A supporting deposition must describe all of the elements of the alleged ticket. If a supporting deposition is not issued correctly, the violation may be dismissed upon a pre trial motion. For more information about supporting depositions, please refer to our page on Supporting Depositions.
For traffic violation issued in the City of New York, a supporting deposition does not need to be issued.
Pre-Trial Motions to Dismiss
Many Courts try to shield the invalidly of these violations by requiring that a pre trial motion to dismiss be submitted correctly in writing. There are specific requirements for such pre trial motions that the layman is not familiar with. This is one advantage that an attorney has over defendants “pro se” (defendants not represented by an attorney) in fighting traffic violations.
Simply paying your traffic control device ticket could result in 2 points added to your driving record. The accumulation of points can quickly lead to a license suspension and increased insurance premiums. In order to protect yourself from these serious consequences, it is important to discuss your matter in detail with a knowledgeable New York traffic ticket lawyer. Schedule a free consultation today.
Contact The Firm
If you have further questions regarding Traffic Control Device Violations, do not hesitate to contact a skilled New York traffic ticket attorney. Our office can be reached by calling 800-464-8269 or by completing our online contact form. We offer free initial consultations and accept credit cards as payment for services.