I was given a ticket for failing to stop at a stop sign - 1110A. My defense is I did stop, but the officers beg to differ.

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I was given a ticket for failing to stop at a stop sign - 1110A. My defense is I did stop, but the officers beg to differ.

Attorney Answers

4
Cynthia Henley ·
So your choices are to accept a plea bargain on the case - pleading guilty, or set the case for trial and let a jury decide who they believe.
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George Conway ·
Greetings: You should consider retaining a local traffic ticket attorney to represent you especially if this ticket could affect your insurance rates. [Consult your insurance agent] Failing to stop for a stop sign is a violation of VTL 1172 which is punishable by a fine up to $150.00, up to 15 days in jail, 3 points and a mandatory surcharge of $80 or $85.00. Failing to obey a traffic control device is punishable by a fine of up to $150, up to 15 days in jail and mandatory surcharge of $80 or $85.00. If you decide to handle the ticket without the aid of a traffic ticket attorney, you should plead not guilty. You should find out if negotiated plea reductions are common in the tribunal where your ticket is returnable. If so, you should seek a plea reduction down to parking on pavement which is punishable by a fine of up to $150.00, up to 15 days in jail, no points and no mandatory surcharge. If not, you should request a supporting deposition and prepare for trial. If the police officer fails to provide you with a supporting deposition within 30 days of the court’s receipt of your request for a supporting deposition, you should ask the court to dismiss the ticket. If the police officer fails to show up for trial, you should ask the court to dismiss the ticket for failure to prosecute. If the police officer provides you with a supporting deposition and shows up for trial, you should be prepared to vigorously cross exam him. You may want to obtain photographs of the scene to assist you at trial. You should also bring any witnesses with you to the court on the date the trail is scheduled to begin. [ i.e. Passengers in your car] If you decide to testify, be sure to tell the truth. No ticket is worth committing perjury. If this matter involved any type of accident you should immediately contact an experienced traffic ticket attorney. Best regards, George P. Conway www.albanycriminaldefenselawyer.com
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Matthew Weiss ·
If got this case in Manhattan, then you must fight it at the Traffic Violations Bureau. Here is a link for information to help you fight this ticket on your own. http://www.nytrafficticket.com/trafficarticles/?article=3&c=3 Of course, feel free to call us for a free consultation. Matthew Weiss, Esq 212-683-7373
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Todd Wylie CarpenterDUI / DWI AttorneyPoughkeepsie, NY ·
You should have a few options available to you here, depending on where you received the ticket (in a Traffic Violations Bureau jurisdiction or a local justice court). If you received the ticket in New York City, Buffalo, Rochester or portions of the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in Suffolk County, you will have to deal with the TVB. In that case, I strongly encourage you to contact a local attorney familiar with the TVB process, since there is no plea bargaining there. You're either guilty or you beat it. A local attorney is therefore really your best and in most cases ONLY shot at beating the ticket. If you were issued the ticket in any other jurisdiction, you will have to appear before a local justice court. If you were stopped by a local police officer, then you will in all likelihood discuss the ticket with that officer directly on the day of your first appearance. In the overwhelming majority of cases, the officer will offer you some sort of reduction, unless, for example, you already have a few blemishes on your driving record. If you were stopped by a NYS Trooper, it may be a little more difficult for you. Troopers are no longer allowed to plea bargain traffic tickets. Many municipalities have therefore hired a “special prosecutor” to dispose of Trooper tickets specifically, and the prosecutor may in most cases offer you some sort of reduction, again unless you have a spotty record, for example. In the unfortunate event your court has not yet hired a special prosecutor, you’ll speak oh-so briefly to the Trooper who issued you the ticket, and he or she will most likely tell you only that you can either plead guilty to the charge or set the matter for trial. That’s your call. If you decide to set it for trial, I suggest that you request an adjournment from the court to allow you to retain counsel. Please keep in mind that an 1110(a) is a 2-point violation. There are no 1-point violations. And while there are many possible 0-point outcomes, you may very well find yourself in the unenviable position of not being offered a reduced plea at all, particularly if you already have some points, have a multi-page driving record, or there were “words” exchanged during the stop. An attorney can help get you through such a dilemma. It is always a good idea to at least consult with local counsel before attempting to resolve any traffic violation on your own. There are many potential consequences and penalties associated with a conviction of each and every violation. You should learn everything about your initial charge as well as any proposed offer before pleading guilty or risking a conviction after trial…or simply rely on an attorney who already does. Good luck!
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