| It is imperative that you fight a traffic | | | | policeofficer must state on direct testimony |
| summons you receive in NYC. | | | | that he tested the traffic lightat issue |
| | | | before and after the traffic stop. He or she |
| In NYC, traffic courts are administrative | | | | must state thatthe traffic light at issue was |
| tribunals and, in general, plea bargaining is | | | | working properly at both times. Theofficer |
| NOT allowed. Therefore, any ticket which you | | | | must describe the light at issue as having |
| are handed must be fought or you will recieve | | | | circular disks orarrows. The officer must |
| points on your driver's license and a fine. | | | | describe the traffic lanes and whether |
| In many cases, you will recivea driver | | | | thereis a stop line or a cross walk in front |
| assessment, which is a tax for being a bad | | | | of the traffic light. Theofficer must state |
| motorist. | | | | that he or she saw the motorist approachthe |
| | | | cross walk while the light was in its red |
| This tax is in addition to the fine you pay | | | | phase and pass thetraffic light. The officer |
| when found guilty by the administrative law | | | | must state the apperance of the |
| judge. By simply paying a ticket, you are | | | | motorist'svehicle and then how he or she |
| pleading guilty to the charge. Thenthe points | | | | identified the motorist. That is thatthe |
| will stay on your license for the longest | | | | motorist produced a valid NYS driver's |
| possibletime period. This will affect your | | | | license. |
| insurance premiums and could lead to the | | | | |
| supension or revocation of your driver's | | | | A good lawyer will know that an officer has |
| license. | | | | missed testifying about anelement of the |
| | | | prima facie case, and will move for a |
| By hiring a competent attorney you can | | | | disssmissal of thecharge agains the motorist |
| greatlyreduce your risk of having higher | | | | if the police fail to establish allthe |
| insurance, paying fines, paying a baddriver | | | | required elements of a charge. |
| tax and of losing your license. A a good | | | | |
| attorney like Michael | | | | A good lawyer knows all the prima facie case |
| | | | elements for all VTL or |
| Spevack, Esq., 160 E. 56th Street, Floor 7, | | | | |
| NY, NY 10022, is imperativeto your defense.. | | | | Traffic Rule violations of which a motorist |
| Mr. Spevack's phone number is 1-866-LAW-MIKKE | | | | can be accused. A goodlawyer will know which |
| | | | judge values which prima facie case |
| (529-6453) or (212)754-1011. You can visit | | | | elementsmore than others. |
| his web site at | | | | |
| | | | For instance, some judges will not care if a |
| A good attorney will know how to defend you | | | | police officer failsto describe the shape of |
| and present yourcase in the best light to the | | | | the traffic light's actual light bulbs |
| judge. A good lawyer is familiar withthe | | | | ascircular or arrow shaped. Other judges will |
| rules which the police officer must prove in | | | | dismiss if an officerforgets to do this. |
| order toestablish his prima facie case | | | | |
| against you. A prima facie case is | | | | As you can see a good lawyer is imperative in |
| theelements which an officer must state on | | | | NYC to fight trafficsummones. Unless you want |
| direct testimony in order toestablish a | | | | to study the law on the elementsfor which you |
| moving violation charge against your. | | | | have been charged and spend a week or so at |
| | | | DMV courtstudying the judges for their |
| For instance, let's suppose you receive a red | | | | particular requiremetns to prove a case,it is |
| light ticket, which issection 1111D1 in the | | | | better to hire a competent lawyer. |
| New York State Vehicle and Traffic Law. A | | | | |