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