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Beating A VTL 1180 or NYC Traffic Rule 4-06 ticket by Using a Competent NYC Traffic Attorney
It is quite important to use a competent NYC traffic lawyer to beat any traffic ticket you receive from police in NYC. This article discusses how such an attorney can help you dismiss a VTL 1180 or NYC Traffic Rule 4-06 ticket.
Before we get into how to beat a NYC speeding violation, let's examine the differences between NYC traffic court and traffic court in other parts of NYS. Let's take Westchester as representative of the rest of NYS and Manhattan as representative of the 5 boroughs.
If you get a VTL 1180 or Traffic Rule 4-06 summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. The result will be a fine and numerous points on your driver's license if you lose your NYC traffic court hearing whereas in Westchester, you would have plea bargained your way out of points or at the very least a VTL 1180 classification. Further, your insurance premium will almost certainly go higher from a VTL 1180 or Traffic Rule 4-06 violation. Remember, in Westchester, none of this would have happened.
Moreover, the procedure and evidence rules in NYC are far more generous to the NYPD then to the motorist when compared to other parts of NYS. In NYC, special NYS DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police officer who wrote the ticket. The police officer's burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you were speeding than weren't). In the rest of the state, the burden of proof is beyond a reasonable doubt, which favors the motorist. As you can plainly see, a NYC VTL 1180 or NYC Traffic Rule 4-06 ticket is much more dangerous than one issued outside NYC in NYS.
What can a lawyer do for you regarding a NYC VTL 1180 or NYC Traffic Rule 4-06 ticket? Quite simply, a competent and experienced NYC traffic court lawyer is your best defense in beating such a ticket.
A lawyer knows the prima facie elements involved in the People's case. Meaning, those things that the officer must say in order to get a motorist found guilty of speeding. If the officer makes a mistake, then the lawyer can vigorously move to dismiss the charge and more often than not, will prevail. Some of the elements that the officer must prove involving a NYC VTL 1180 or NYC Traffic Rule 4-06 ticket are 1. The speed restriction sign was well placed and readable both before and after the stop; 2. The motorist entered a zone of influence of the officer at a rate of speed over the posted speed or un-posted speed; 3. The officer is trained in speed estimation and made an accurate estimate in this matter; 4. If radar or laser was used that the officer is trained in using them and used them properly during this traffic stop; 5. An accurate description of the roadways involved; 6. A description of the weather; 7. Proper ID of the motorist through a state issued motorist ID card, i.e., driver's license, etc.
It very important to hire a NYC traffic lawyer to dismiss your NYC VTL 1180 or NYC Traffic Rule 4-06 ticket. You will generally be happy that you did.
Before we get into how to beat a NYC speeding violation, let's examine the differences between NYC traffic court and traffic court in other parts of NYS. Let's take Westchester as representative of the rest of NYS and Manhattan as representative of the 5 boroughs.
If you get a VTL 1180 or Traffic Rule 4-06 summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. The result will be a fine and numerous points on your driver's license if you lose your NYC traffic court hearing whereas in Westchester, you would have plea bargained your way out of points or at the very least a VTL 1180 classification. Further, your insurance premium will almost certainly go higher from a VTL 1180 or Traffic Rule 4-06 violation. Remember, in Westchester, none of this would have happened.
Moreover, the procedure and evidence rules in NYC are far more generous to the NYPD then to the motorist when compared to other parts of NYS. In NYC, special NYS DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police officer who wrote the ticket. The police officer's burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you were speeding than weren't). In the rest of the state, the burden of proof is beyond a reasonable doubt, which favors the motorist. As you can plainly see, a NYC VTL 1180 or NYC Traffic Rule 4-06 ticket is much more dangerous than one issued outside NYC in NYS.
What can a lawyer do for you regarding a NYC VTL 1180 or NYC Traffic Rule 4-06 ticket? Quite simply, a competent and experienced NYC traffic court lawyer is your best defense in beating such a ticket.
A lawyer knows the prima facie elements involved in the People's case. Meaning, those things that the officer must say in order to get a motorist found guilty of speeding. If the officer makes a mistake, then the lawyer can vigorously move to dismiss the charge and more often than not, will prevail. Some of the elements that the officer must prove involving a NYC VTL 1180 or NYC Traffic Rule 4-06 ticket are 1. The speed restriction sign was well placed and readable both before and after the stop; 2. The motorist entered a zone of influence of the officer at a rate of speed over the posted speed or un-posted speed; 3. The officer is trained in speed estimation and made an accurate estimate in this matter; 4. If radar or laser was used that the officer is trained in using them and used them properly during this traffic stop; 5. An accurate description of the roadways involved; 6. A description of the weather; 7. Proper ID of the motorist through a state issued motorist ID card, i.e., driver's license, etc.
It very important to hire a NYC traffic lawyer to dismiss your NYC VTL 1180 or NYC Traffic Rule 4-06 ticket. You will generally be happy that you did.
About the Author:
Michael Spevack, Esq. is a NYC traffic ticket lawyer with more than 15 years' experience in beating traffic tickets in NYC. He is a graduate of NYU School of Law, and would be glad to help you beat your summons. Visit Michael Spevack, Esq.'s web site now.