Many people in New York City have the misconception that they must pay the fines and surcharges when they are issued traffic tickets. This can be the case even in situations when drivers feel a ticket was unwarranted. Doing so, however, is in effect an admission of guilt and can carry consequences beyond just the fines that are assessed. At the law firm, Martin A. Kron & Associates, LLP, we often consult with people who have received traffic tickets they feel were undeserved. In this post, we will discuss how to fight a traffic ticket in New York City.
According to the New York State Department of Motor Vehicles, the Traffic Violations Bureau handles most moving traffic violations tickets. When drivers choose to plead not guilty to such tickets, an administrative law judge with the DMV will typically hear the case. These judges have the authority to determine guilt or innocence, as well as to decide penalties.
Simply appearing at a hearing before the Traffic Violations Bureau judge is generally not enough to have a ticket thrown out. The judge will hear testimony, including that of the officer who issued the ticket, and review evidence. Often, the issuing officer’s testimony will include an explanation of what transpired and why the ticket was issued. Therefore, it is important for people who plan to fight a traffic ticket to be prepared. This can include examining the ticket for any errors or omissions, such as a failure to specify the location where the ticket was received. Additionally, drivers may bring witnesses who are willing to testify that the events did not transpire as the law enforcement officer perceived them.
For more information about traffic ticket defense, please visit our Traffic Violation Bureau Appeals page.