Questions from drivers about VTL 1180(d), Speeding, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL 1180(d), Speeding.
Can I get my speeding ticket thrown out because the court dates kept getting moved? I got the ticket in 2020 and pleaded not guilty. I rescheduled the first two dates, but the court has postponed it three times since then. It has been four years, can it be dismissed because of those delays?
Speeding ticket appeal problem? A few months ago, after my NYC court date had been postponed for about five years, the court found me guilty and put 4 points on my license. I was never told why I was found guilty, who the judge was, or what I needed to do to appeal or where to file it. I spent days trying to track down the decision, the fine information, and the appeal process myself. I had submitted several defenses in my written statement, the SIOPA, but I still have no idea why they were ignored. Then my appeal was denied too. I explained that I had to do the DMV's job just to get the basic information about the ruling and asked for some consideration because of all the time it took. I did not pay the $40 fee to have the hearing's electronic record sent to a separate office in Arizona. The appeals board left the Bronx judge's decision in place, and my insurance increased by another $600. Is there anything I can do?
The next step would be to file an Article 78 petition in Supreme Court, but that is more expensive and has low odds of success. Sorry it may have been a good idea to have an attorney involved from day one.
My 18-year-old son got his first speeding ticket on the Cross Island Parkway. The officer says radar showed him doing 75 in a 50. Is it worth hiring a lawyer to contest it, and is there any possibility of reducing the points?
Yes there is. An attorney can go to court in his place and should be able to at least get some points off. The ticket is probably returnable to the Queens Traffic Violations Bureau. https://www.suspendedlicensenyc.com/blog/new-york-city-traffic-violations-bureau.html
What happens with my speeding ticket if the officer mixed up my names? I have two last names, but the ticket lists my first last name as my first name and puts my second last name in the last-name spot.
It will probably hit your record upon conviction as the DMV mostly follows the driver license number. You can file a motion to dismiss for facial insufficiency.
I was pulled over for speeding in 2023, but the officer checked my license and registration and told me I was only getting a warning. Now, almost two years later, I got a notice saying my license is going to be suspended because I missed a court date. I never received a ticket or anything from the court telling me when to appear. What should I do?
Sounds like the officer lied. For now you have to treat it as if you received the ticket. An attorney can help with all this. Technically it should be thrown out because you were not served personally with the ticket.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. Viewing this site does not create an attorney–client relationship. Readers should not act or refrain from acting based on this information without seeking professional counsel from an attorney licensed in the state where the citation was issued.
Benjamin Goldman Law Office
Your situation is not unique at the Traffic Violations Bureau and will not in of itself be grounds for dismissal. https://www.suspendedlicensenyc.com/blog/new-york-city-traffic-violations-bureau.html