| It is imperative that you fight a traffic ticket you | | | | at issue was working properly at both times. |
| receive in NYC. In NYC, traffic courts are | | | | The officer must describe the light at issue as having |
| administrative tribunals and, in general, plea bargaining is | | | | circular disks or arrows. The officer must describe the |
| NOT allowed. Therefore, any ticket which you receive | | | | traffic lanes and whether there is a stop line or a |
| must be fought or you will receive points on your | | | | cross walk in front of the traffic light. The officer must |
| driver's license and a fine. In many cases, you will | | | | state that he or she saw the motorist approach the |
| receive a driver assessment, which is a tax for being | | | | cross walk while the light was in its red phase and |
| a bad motorist. | | | | pass the traffic light. The officer must state the |
| This tax is in addition to the fine you pay when found | | | | appearance of the motorist's vehicle and then how he |
| guilty by the administrative law judge. By simply paying | | | | or she identified the motorist. |
| a ticket, you are pleading guilty to the charge. Then the | | | | That is that the motorist produced a valid NYS driver's |
| points will stay on your license for the longest possible | | | | license. A good lawyer will know that an officer has |
| time period. This will affect your insurance premiums | | | | missed testifying about an element of the prima facie |
| and could lead to the suspension or revocation of your | | | | case, and will move for a dismissal of the charge |
| driver's license. | | | | against the motorist if the People fail to establish all the |
| By hiring a competent lawyer you can greatly reduce | | | | required elements of a charge. |
| your risk of having higher insurance, paying fines, | | | | A good lawyer knows all the prima facie case |
| paying a bad driver tax and of losing your license. | | | | elements for all VTL or Traffic Rule violations of which |
| A good attorney will know how to defend you and | | | | a motorist can be accused. A good lawyer will know |
| present your case in the best light to the judge. A | | | | which judge values which prima facie case elements |
| good lawyer is familiar with the rules which the police | | | | more than others.For instance, some judges will not |
| officer must prove in order to establish his prima facie | | | | care if a {police officer|cop} fails to describe the shape |
| case against you. | | | | of the traffic light's actual light bulbs as circular or |
| A prima facie case is the elements which an officer | | | | arrow shaped. Other judges will dismiss if an officer |
| must state on direct testimony in order to establish a | | | | forgets to do this. |
| moving violation charge against your. For instance, let's | | | | As you can see a good lawyer is imperative in NYC |
| suppose you receive a red light ticket, which is section | | | | to fight traffic tickets. Unless you want to study the |
| 1111D1 in the New York State Vehicle and Traffic Law. | | | | law on the elements for which you have been |
| A police officer must state on direct testimony that he | | | | charged and spend a week or so at DMV court |
| tested the traffic light at issue before and after the | | | | studying the judges for their particular requirements to |
| traffic stop. He or she must state that the traffic light | | | | prove a case, it is better to hire a competent lawyer. |