Sunday, October 02, 2005

1110a - Traffic Violations

Note - If you're thinking about getting help, check out our New York Traffic Lawyer page.
Update (4/22/2009): A lot of people come to this post on a search for 1110a or something related to that. Section 1110(a) of the Vehicle and Traffic Law in NY says:
Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
As of 4/22/09, it's 2 points in NY, and the max fine (including surcharge) is $235. It counts for 2 points in NJ, and may count for points in some other states.
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Update (6/23/2007): We have seen an 1110(a) show up on a NJ driving record and it counted for two points. We now think that the best NY 2-point deal for a NJ driver and a NY ticket is V&T Law §1175 - obstructing an intersection. We have seen such a violation on NJ records and there were no points.
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We get a lot of cases with speeding or other traffic tickets involving out-of-state drivers. A big concern is how the result here will affect their license in their home state.

This can be confusing, and there is no solid source of info for the various questions that come up. We're doing a research project now to get firmer answers, but I thought I'd mention some initial things.

We get most of our out-of-state clients from New Jersey and Massachusetts, and also from Quebec and Ontario, as well as other US states.

Interstate handling of traffic convictions is covered by "compacts". For a discussion of the compacts, see this link from the AAMVA (American Association of Motor Vehicle Administrators).

New York participates in both the Drivers License Compact (DLC) and the NonResident Violator Compact (NRVC). New Jersey also participates in both. Massachusetts does not participate in the DLC. New York also has direct reciprocity with Ontario and Quebec, but not with any US states.

Under the DLC, NY is supposed to report traffic convictions to the DLC, and member states are notified of their drivers' convictions. Since Massachusetts is not a member of the DLC, it would seem that moving violations in New York will not affect a Massachusetts license - this is our initial conclusion but we're still looking into it.

Massachusetts is a member of the NRVC. That seems to be about suspending your home state license if you fail to comply with the process in the state where you got a ticket (i.e. if you ignore the ticket or fail to pay the fine, etc.). But that doesn't sound like they get "surcharged". But their drivers manual claims they get notified by other states. And if you do get surcharged, your rates sky. You can lose 6 good driver credits and get whacked with 2 surcharge points. Total of 8 points, which raises your rates by about 50%. Ouch! And it's not clear what you would plead down to that would be safe. It looks like you can get surcharged even for non-moving violations.

New Jersey is a member of both compacts, and assigns 2 points for any out-of-state moving violation. This has its own problems. As a lawyer I usually try to negotiate a reduction for my clients. A common reduction might be from a 6-point speed (21-30 mph over the limit) to an "1110(a)" - "failure to obey a traffic control device", which is 2 points. But if NJ assigns 2 points for all out-of-state moving violations, then I should never take the 1110a because I'm not getting anything for my client. I should push for a non-moving violation or else try the case.

Except, it's not clear if 1110a would be recognized as a moving violation under NJ Law. Another, better provision might be 375(3), which is failure to dim headlamps (not lowering your highbeams when facing oncoming traffic). There does not seem to be a provision of NJ law that assigns points to anything like this. It's a 2-point violation in NY, but maybe NJ would not assign points for it. We're researching that as well.

Ontario, by the way, does have a specific provision for failure to dim headlights. Curiously, they do not seem to assign points for speeding 1-15 kph over the limit (approximately 1-10 mph over the limit). So maybe it's better to plead down to low speed ticket (3 points in NY) than the headlights or 1110(a). Except that Ontario doesn't seem to have a close fit to 1110a either.

We're working on getting these answers, and will post a further update when we get there, and we'll probably add a page on our main traffic ticket site too.

Coincidentally, I don't think New York assigns any points for traffic convictions in other states. I've seen 100+ NY driving records and never seen an out-of-state conviction listed. I haven't even seen Ontario or Quebec convictions, and I think those are supposed to affect your license.

Another question that would need to be answered is whether an insurance company in State X can raise your rates for a traffic ticket in another state. I don't think NY Law would allow that, but maybe other states would allow it.

96 comments:

Anonymous said...

The thing that bothers me the most about traffic violations in New York State is the surcharge that the court charges you in addition to your fine. How can this be legal? I once got charged with a non-moving violation. The fine was $45, but the court surcharge was $55. This is an unfair tax.

Anonymous said...

Do you have any idea about Texas. I got a 1110A (reduced from a 6pt), how would this effect me in texas??
thanks

Albany Lawyer said...

The $55 surcharge is the least of that. At least they tell you that up front. Plead to a 6 pt violation and you get whacked with an extra $300 from DMV a couple of months later.

As for Texas, I don't know. I haven't had a TX client yet, so I haven't researched the question. I would guess that the 1110a is less likely to affect you, but can't say for sure.

Anonymous said...

thanks WR, hopefully it does not go all the way to texas

Anonymous said...

Received a 1110 (a) this am in Manhattan. The ticket has a missing field (vin number is blank) and wondering if this may be cause for a reduction.

Any thoughts?

Albany Lawyer said...

Regarding the Manhattan question, I don't think the VIN number is a winner, but I can't say for sure. We're now handling NYC speeding tickets. We charge $750 to handle them, and an 1110(a) is probably not worth it.

Anonymous said...

I have been charged for "disobeying pavement maning (I think but not sure if this is the correct word since the handwriting is difficult to read)- cros solid white line. Since it was 1110a...I would like to learn of this violation... Can anyone give me some info?

Albany Lawyer said...

It's probably "pavement marking", not maning. I'm not sure if a solid white line counts as a "traffic control device", which is what 1110(a) refers to.

Warren

David said...

FWIW, the NY DMV site specifically states they will not give you points for violations committed in other states (see http://www.nydmv.state.ny.us/dmvfaqs.htm).

I just got a 1110A, but have an AZ license. It will be interesting to see if I get points on the AZ license.

Anonymous said...

can you tell me definitively whether a 1110(a) is a moving violation or not? I got a 70 in a 55 (1180b) in cherry valley, ny, applied for a reduction with the otsego co da, and got back a 1110a with 2 pts. don't care about the fine but do not want to cop to a moving violation

Albany Lawyer said...

The most recent comment above this one asks if 1110(a) is a moving violation. As discussed in the post itself, it is a 2-point moving violation. --Warren

Anonymous said...

i'm the poster about asking whether a 1110a is moving violation. warren answered yes but i've been told (orally) by the otsego co da's office and the local dmv office that it is NOT a moving violation. can anybody show me (or direct me to) something official in writing? thanks

Chaz said...

I am NY License Driver and got a ticket yesterday for 'improper passing' in New Jersey, this was because I drove on the shoulder for a few yards. Anyway, I would like to know if my points will get transferred to my NY license or should I just pay the fine that shows up on the website and leave the points as is since they wont get transferred. Someone asked a similar question. I hope you could answer this one.

Albany Lawyer said...

Responding to Chaz, read my post again:
"Coincidentally, I don't think New York assigns any points for traffic convictions in other states."

rm said...

Hi, does anyone know if an 1110(a) in NY will affect a CT drivers license? thanks

Albany Lawyer said...

Responding to rm, I don't think a 1110(a) will show up in CT, but I don't know. You should check with a CT traffic lawyer or insurance agent.

Anonymous said...

I am from Ontario and I received a ticket for speeding at 82mph in a 65mph zone. Would it be worth pleading guilty under 1110A statute? Also, would this affect my insurance, and would I get points for this?

Albany Lawyer said...

Regarding Ontario, I did a post about that: NY Speeding tickets for Ontario drivers.

Anonymous said...

I am from NJ and I found it worth while to leave a dui in qubec alone, if i had plead guilty to it then it will transfer over into the states. Though left alone the warrant just sits in canada. I am curious about that showing up on my record though.... As far as the not obeying traffic controls ny and nj, they both have one. I find the 97-1.1 in ny never tranfers over into nj insurence or other wise due to the violation being a 97.2 in nj.

Anonymous said...

My wife received 2 tickets tonight in Manhattan: a 1110(a) for making an illegal left turn and a 509-1 for driving without a license. She is a German citizen with a German license. Three questions: is the 1110(a) subject to points and if so, who would receive them? Isn't it legal to drive in NY with a license from Germany?

Albany Lawyer said...

The 1110(a) is 2 points on her NY record. As for driving with a German license, I don't know. It's never come up before. You should probably check with NY DMV about that.

Jon said...

Hi,
I'm a NY driver who recieved a ticket on Monday (10/15/07) in Brockville, Ontario Canada for 135kph in a 100kph zone (21.7mph over).
I have read that points don't get onto a NY license from other states EXCEPT Ontario and Quebec, according to the DMV site. However, in your post "Our traffic violation research project" you say you haven't seen Ontario or Quebec offenses on NYS licenses, suggesting they don't really affect it.
I've looked into getting a lawyer and it's about $500 with no guarentee (although he claims a high dismissal rate of %66). The fine is $265 - not so bad, but with 6 points on my license (21 miles over), I'd be looking at a large assement too, not to mention the 6 points. Does anyone know if they do or don't transfer?

Anonymous said...

on the subject of the lady with the German license...

The points will not effect her, as the points are assessed by the agency which issues the license in question. Here, that would be the German licensing authority, the equivalent of their DMV. The NY court is not going to go through the trouble of contacting the German DMV. I seriously doubt they would know how to do so even if they wanted to. Even if they did, Germany has no reciprocity with NY and wouldn't act on it (even if they could read such a notice in English.) As long as she does not get suspended in NY, in which case NY would track the suspension of her right to drive in NY, she is free and clear and it will not impact her rates.

Albany Lawyer said...

The point about the German license was the charge under 509-1 for driving without a valid license. Is a German license valid in NY?
The question was not about how a NY violation would affect her German license, but I agree with the answer that it would have no effect there (nor in most other countries, but it does affect Ontario and Quebec and maybe other parts of Canada).

Anonymous said...

Hi,
Question for Albany Lawyer.
I had MVA with the guard rail in a snow storm in Chazy, NY. The trooper gave me a ticket for 1180A, I applied to the Clinton Cnty DA for a reduction and was given a 1110A. I have a NJ license will that transfer to NJ and thus raise my insurance rates? Should I ask for a further reduction?
Thanks

Albany Lawyer said...

Anonymous immediately above asks a question that is answered at the top of the post. The subsequent question "should I ask for a further reduction" might be the wrong question. Perhaps at this stage one might consider hiring a lawyer. :-)

Anonymous said...

I'm a NJ driver and got a 1110(a) ticket.

"We have seen an 1110(a) show up on a NJ driving record."

Does that mean I will be getting 2-points on my NJ licence?

Albany Lawyer said...

I thought this was already clear, but I edited the post slightly to make it more clear. We have seen an 1110a show up in NJ. It counted for 2 points. we have also seen an 1175 show up on a NJ record, but it counted for no points.

Tushar said...

I got 1110-A when driving from NJ to get out of the Lincoln tunnel. I followed the sign for 42nd street and did not see pavement marking. I had no opportunity to change the lane for going uptown. I pleaded not guilty. NY DMV has ent me "Affidavit in leue of appearance" Do I have any chance of being heard in terms of being waived or reduced to no point violation ? Does NJ charge two points no matter what being out of state ?

Albany Lawyer said...

Re Tushar's question, I don't handle NYC tickets. I recommend Scott Feifer there. For NJ questions, I recommend Thomas Carroll Blauvelt.

In my experience, an 1110(a) will show up in NJ. I don't understand why people keep asking me if it will show up. I say so on the top of this post. I have seen it show up and count for two points.

rick said...

I'm a Virginia registered driver. This morning I hit a patch of snow on a highway north of Syracuse (town of Pamelia, Jefferson County) the trooper charged me with an 1180a. This is my first ever traffic violation. The question is this: If I plead guilty, what sort of fine/point violation will they slap me with. And if I plead innocent, is there any point in arguing with the officer in court about how fast was too fast at the time and date of my accident. Side question: if I plead guilty, can they arbitrarily charge me for, oh say, "10-20 over, considering", and slap me with that penalty? In other words, if I plead guilty, do I really know what I am getting myself into?

Albany Lawyer said...

1180a is a 3-point violation in NY. It does not specify a speed. You can fight it, and it might be difficult for the officer to prove your speed was not safe and prudent, but the judge might not care and find you guilty anyway. I've heard such stories. :-)

Bigger question is what VA will do when the violation is reported to them. Talk to your insurance agent or a local traffic lawyer, or both. If it will affect you there (I think it will but am not sure) then you may want to hire a lawyer (no bias on my part) to negotiate a reduction for you. Not worth my $500 fee unless it will affect you in VA.

Fine on an 1180a is somewhere around $200-250, as a guess.

Anonymous said...

My wife got a 4 point speeding ticket (in 25 mph zone)in NY. She has NJ plates and "only" 2 points on her current DMV record (no previous speeding). If she is offered a 2 point reduction (under 1110a) in a court, is it worth to agree? Thanks!

Albany Lawyer said...

In my opinion a reduction from a 4-point NY speed to an 1110(a) is almost worthless for a NJ driver.

Anonymous said...

It is regarding my previous question " 4-point speeding ticket in NY for NJ driver. If 2-points reduction is worthless, then what should we do? Thanks

BTW, 2 points on 1110(a) or on speeding - are they equivalent for insurance? Thanks again.

Albany Lawyer said...

"What should we do?"
Um ... hire a lawyer?? I'm biased on this, but that's my opinion.
As for the difference in impact on insurance, you should ask a NJ traffic lawyer or insurance agent to be sure. My understanding is that they have the same effect.

NEJIN said...

im an ontario driver, got a speeding ticket (22 - 24 MILES)in NJ. does this affect my ontario lisence record?
thank you

Albany Lawyer said...

I don't know about NJ tickets in Ontario. Suggest you check with an Ontario lawyer (and let us know what you find out).

NY has a "treaty" with both Ontario and Quebec. I don't think NJ has such a treaty, but I don't know. --Warren

Anonymous said...

talk to minstry of trasport ontario. they advised the speeding ticket in NJ will not come on an ontario driving record. just make sure to pay the fine and avoid any further action by NJMC. u can write a letter to the municipal court...and they may reduce the fine-an advice by a traffic ticket lawyer in ontario.

Anonymous said...

I got a speeding ticket in NJ and i have a NY liscence. 1) Will i get points on my liscence. 2) will my insurance company know about this and raise my rates?

Albany Lawyer said...

I'm pretty sure the answer to the above two questions is: No. But there are always circumstances that may be different. -Warren

Anonymous said...

"4-point speeding ticket in NY for NJ driver. If 2-points reduction is worthless". What do you mean by worthless? As in just take the 4 points and pay the fine. Or it doesn't really matter which one you take.

Also what is the fine for a speeding ticket of 82/65 vs reduced to a VTL1110A

Thanks

Albany Lawyer said...

As in: "Hire a lawyer to try to get a better deal."
Fine range for 11-20 over the limit is $175 to $385 (assuming the state legislature hasn't raised them again). Max fine for 1110a is $235.

Anonymous said...

My best advise is stay out of NY, especially upstate, and if you have NJ tags. Unfortunately, I was there on business and a trooper passed up five locals to get to my NJ tagged vehicle. I am convinced NY troopers work on commission. The fine is bad enough, but then they have to rub salt in the wound by reporting the points to NJ, thereby, increasing your insurance rates.

Anonymous said...

I got a 1110A today for disobey traffic control device.

I crossed the white line and entered on highway from wrong way.

reading above post tells me that I will get 2 pts.
Ticket does not say how much is fine.
Should I pay the all others fine-$40 plus $50 surcharge

bing. lawyer said...

I reduced a speed to a non-moving violation (1214)to save her license and allow the judge to charge a higher fine .

Kevin said...

Arbella in MA almost doubled my insurance 2 weeks after an 87/65 ticket on I-90. I called them and told them that I am pleading not guilty, they said it showed up in their system and if it disappeared they would lower it back down. In the end I got a 1110a ($150 fine + $55 surcharge) so it went back to normal but it sure was frustrating.

Albany Lawyer said...

Kevin's comment is interesting but I'm not sure how it could happen. NY does not (to my knowledge) report speeding tickets to other states until the case is resolved and they don't show up on a NY driving record until then either.

The ticket would only be in that court's records and in the "E-ticket database" if it was an electronic ticket (it would be printed on computer paper in the police car, as opposed to a handwritten ticket). Insurance companies should not have access to the E-ticket database.

But anything is possible.

Anonymous said...

I was on a Brooklyn borough (NYC) street with 6 lanes/3 each direction. I was in the right lane with a green light and made a right turn. A cop pulled me over 2 blocks later and said there was an international no right turn somewhere on the block I was prior on before the intersection. He gave me a 1110A and wrote disobey sign in the narrative. I think there may have been trees blocking this sign. I will go back and take pictures. I don't want any points on my licease and my insurance to go up as I was in a car accident a month earlier where it was ruled the other driver was 100% at fault. What can I do to fight this. Historically I don't believe there was no sign at this location as I've lived in the neighborhood 30+ years and there really is no logical reason for a no right turn sign to be placed there. I feel this is a money generator for the city/state as the fine seems to indicate $150 + another $50.

Is this worth pleading not guilty and can I get this reduced point wise and price of ticket-wise?

Thank you.
SHEEPSHEADBAY BROOKLY AUG 2009.

Albany Lawyer said...

On the above, you should discuss with a lawyer. I suggest Scott Feifer at nytickethelp.com

Anonymous said...

hi, I live in upstate ny (I know lucky me) tonight I got clocked doing 81 in a 65 the nys trooper reduced it to a 1110a. but the supporting depo says what he originaly pulled me over for. should I pleed guilty or not guilty. since this was already a road side reduction would the DA reduce it in court again?? and it has not been very clear does a 1110a cause you auto insurance to increse??? thanks

Albany Lawyer said...

You might be able to get it reduced, and then again maybe not. We are usually able to get further reductions for our clients.

In theory an 1110a can affect insurance, though my guess is that it's unlikely to do so if your record is otherwise clean. The impact may be more severe if you're licensed in another state, especially NJ or FL.

Upstate_Bill said...

I'm a NY licensed driver in upstate NY. The officer gave me an 1110A. If I plead not guilty, what is the next lesser charge they might offer? Thanks.

Albany Lawyer said...

There's no simple answer to "the next lesser charge" for most traffic offenses. The obvious exception would be speeding, where the next lower offense is a lower speed.

There are many violations that are lower than 1110a. Some have no points, while others do not even show up on a driving record.

Anonymous said...

I live in Massachusetts, which is not part of the DLC. Recently, I received a speeding ticket in NY (my only violation ever in this state) and in addition to charging a large fee + surcharge for the ticket, which I paid, they now want me to pay an additional $300 because my violation was worth 6 points. The letter they sent threatens with suspension of my NY driver license I don't pay the $300. I don't have a NY license, and I'm thinking of not paying this exorbitant additional fee, especially since it seems unfair given my good driving record. Can NY require Massachusetts to suspend my license if I don't pay?

Albany Lawyer said...

You would not be suspended in MA, but NY would suspend your NY "privilege". So if you were caught driving in NY, you would be arrested here for "Aggravated Unlicensed Operation."

Anonymous said...

I wrote a recent question about not paying the additional $300 fine and Albany lawyer said that NY could not suspend my Mass. license, but could arrest me if they "caught" me driving in NY! Does that mean if they just see me driving, or if I get stopped for another violation? How likely is such an arrest?

Anonymous said...

I wrote a recent question about not paying the additional $300 fine and Albany lawyer said that NY could not suspend my Mass. license, but could arrest me if they "caught" me driving in NY! Does that mean if they just see me driving, or if I get stopped for another violation? How likely is such an arrest?

Albany Lawyer said...

"If they just see me driving" smacks of paranoia. How would they know your privilege is suspended just by seeing you?

I suppose it's possible that the plate scanners (which check for suspended registrations) will eventually be tied into the database of suspended licenses and privileges associated with that plate. But I don't think they're there yet.

An arrest for driving with a suspended license is likely if you get pulled over in NY. Since you live in MA, a neighboring state, you will probably drive in NY with some frequency over the rest of your life - that's how long the suspension lasts if you don't pay the $300. So there is a substantial risk you will get pulled over or get stopped at a checkpoint.

Another option is to hire a lawyer to reopen your ticket and get it reduced. If your only concern is the $300, our fee of $750 is too high. But there are other benefits to the reduction.

Anonymous said...

How can I get my wife out of an 1110A? The ticket reads disobeyed traffic control device. Disobeyed 20 mph school speed zone sign, to wit 40 in a 20 mph. The sign posted needs to be read while making a left turn on a double turn lane and can me missed easily. She came off a street where its posted 40mph. Thereafter, no additional signs. The other side of the street has multiple signs. Please recommend how to plea and get this dismissed. Not enough properly posted signs by Nassau County, NY, gun calibration, etc..)

Albany Lawyer said...

I think somewhere in the main post I hinted not so subtly that it might make sense to hire a lawyer. I'm biased of course, but in the case of the above comment, I don't handle Nassau County.

Anonymous said...

I went to court today to fight a sec 1110(a) moving violation. I am an attorney and represented myself in the matter. I came prepared with a witness and documented evidence. The police officer tells the ALJ that he wants a postponement because he's not prepared ("didn't know I had this particular case today"). This was the state's third request for postponement. The ALJ obliged the officer's request and rescheduled my hearing for May. Was this legal? I was under the impression that if an officer was unable to proceed at a hearing that the ALJ was obligated to dismiss the case. Am I wrong? I see it done all the time. Though I'm an attorney, I'm not familar with DMV court procedure and process. Could I have made a motion to refuse the rescheuling and a concurrent motion to dismiss the case? On what grounds?

Albany Lawyer said...

To the last comment - it sounds like Traffic Violations Bureau. I don't handle cases in that Court so I can't offer meaningful advice. I suspect you can make a motion to dismiss for failure to prosecute, but from what I hear, the ALJs do whatever they want.

Anonymous said...

Hi, I got a 1110A ticket for making a left turn, even though there was a "no left turn sign". The thing is I wasn't able to go straight because they closed off the street for roadwork (A right was still an option, and I didn't know I wasn't able to make a left cause that particular crosswalk was the only one with the sign). Is there any way I can fight this ticket?

Albany Lawyer said...

Some might notice a recurring theme here, but the way I recommend dealing with a ticket is hiring a lawyer.

Anonymous said...

Hi, I got a ticket for 1110A disobeyed traffic control device. The thing is, I was driving my sons car, and the ticket has his name and my driver info. What should I do? I pled not guilty (as per the cops advice) but didn't notice until I got home that it was my sons name and my info. I gave the cop my license and his registration. do I have a chance at dismissal?

Albany Lawyer said...

I had a case once where the cop put in dad's name on the ticket when the son had been driving. We did get that one dismissed. So it's possible. But anything can happen in court.

ASR said...

Hello,

I have read this entire blog and still have a question about the
§1110a ticket that I received in Oneonta, New York. I was making a left turn at a light when a driver changed lanes and cut me off. This driver caused me to go through a yellow light, which the officer said was a red light. The officer said that he would give me a break and write me the 1110a. I am actually from New Jersey and wanted to contest the §1110a.

I read at the top of your post that the best deal would be to ask for plea reduction for something like V & T Law §1175 (obstructing an intersection) which carries zero points. Are their any other alternatives? I have heard of some people pleading down the §1110viollation to a §1201 which is a non moving violation. What do you recommend? I dont want any points on my record.

Albany Lawyer said...

§1201 is certainly better than an 1175. You might even want to hire a lawyer to help you with that. And guess what, I know one who handles cases there. :-)

Anonymous said...

I received a 1110a traffic violation in NY for speeding reduction ACD Code M14 to which Florida assigned code 543. I paid $235.00 and two points in Barker Town Court, NY and thought I was done. Once home in Florida I received a letter from the Florida Department of Motor Vehicles stating "you have been convicted of a traffic violation that Florida Statutes 322.0261 requires completion of a 4 hour Basic Driver Improvement course approved by the Department of Highway Safety and Motor Vehicles." How can Drivers Motor Vehicles make me go to school when this was not in my agreement or mentioned in court in another state? Furthermore it says they will not reduce points on my drivers license for out of state tickets by attending driving school. Florida will not even let you return to court to dispute charges. Seems wrong two states can charge for same incident. Where in one state you cannot even dispute before a judge in order to keep your license. Please advise if you have any information on being charged in two states. Thank you,

Albany Lawyer said...

As you've just discovered, some states recognize out-of-state tickets and punish you for them. NC and VA are possibly the toughest on that.

The 1110a is bad in FL. A low speed is better.

Steve c. said...

Daughter pled down 10 mph over speed ticket to 1210(a) leaving vehicle unattended. Received 115 fine and 85 surcharge. is 1210(a)an ok plea or are there pitfalls, i.e. higher insurance rates? and secondly, is a surcharge permitted for a non moving violation?

Albany Lawyer said...

That's not a bad deal and yes you can get surcharged for some non-moving violations. Cell phones are another good example - no points but includes the surcharge.

Anonymous said...

My ? Is I was arrested for auo 2nd in Delaware county upstate new York. I have a plea agreement with the d.a for a reduction to vtl 509-1 unlicensed operator. The deal was made if I was able to pay the fines I had on my record. But my license was revoked in 2009 for 3 speeds in 18 months, and I never got around to reinstating it till a couple weeks ago. I sent in my mv-44, my question is will the dmv reinstate my license if I'm convicted of the unlicensed operation.(vtl 509-1) and if so what charge can i ask for that won't show up on my driving record. Unless ill be ok with the above charge. I have a 10 week waiting period before I get my answer back on if I'm eligible. Should I have the court ajourn till I can get it back? This is the only thong that might make it difficult to get back. Will the vtl 509-1 hinder my chances of getting license reinstated. Sorry so long,.

Albany Lawyer said...

That sounds like a complex case. Maybe it's tiresome for me to keep saying this, but you should really have a lawyer review the charges and your driving record, and discuss everything with you in detail.

Anonymous said...

My ? Is, will a vtl 509-1 stop the dmv from reinstating my license, previously revoked in 2009 for three speed convictions.

Albany Lawyer said...

That sounds like a good question for the DMV. I don't know the answer off the top of my head. I could research it, but not for free.

Anonymous said...

I entered an intersection during a green light and there was an officer directing traffic there who first pulled over another car and then me. He said he ordered us to stop (which I did not hear) and wrote a 1110A ticket stating disobey uniform officer traffic control. This was in NYC and I am from NJ. Is my not being aware that when he stopped the other car we all needed to stop any defense?

Albany Lawyer said...

Your "defense" is not the way I'd approach a case like that. As a NJ driver, you might want to hire a lawyer to help with that.

Anonymous said...

I was pulled over for driving a commercial vehicle on a Parkway-- a cargo van that I believe is legitimately registered as a passenger vehicle.

The office issue three separate violations, 18231C "Unauthorized use of restricted vehicle on parkway"; 1110A "Disobeyed . . ." and also 4011A "Vehicle registration incompliance".

Can the officer issue a violation both for driving a commercial vehicle on a parkway AND disobeying the sign that says don't drive a commercial vehicle on a parkway? That's like issuing two violations for speeding, one for speeding and the other for not obeying the speed limit sign.

Albany Lawyer said...

I love this kind of question: "Can they do that?" Um ... he just did. So apparently he can. It's the wrong question.

The right question is: "What can I do about it?" Some would say - Hire a lawyer. But I'm biased on that one.

RH said...

I got a speeding ticket in NY(kirkland) 86 in 65zone and my 7yr old did not have her belt on her shoulder. What is the fine and pts attached to this.

Albany Lawyer said...

6 points for the speed and 3 for the kid seatbelt. Fines: Up to $385 for the speed, ballpark of $150-200 for the seatbelt (I'm guessing), and then $525 for the DMV fees on 9 points, assuming you don't have any other points already.

Anonymous said...

Hi,

I am a NJ driver who got a 84 on a 65 mph zone (4 pts). I think the codes were 1150D Speed Zone, and the reduction is 1110-a Failure to obey traffic control device 2pts. I have 2 questions: 1. what is the fine amount? and court surcharges? 2. will the points for 1110-a transfer to NJ license record? THANKS in advance.

Albany Lawyer said...

NJ driver - Did you read the post? I addressed this right at the top. An 1110a counts for 2 points in NJ and has a fine up to $235, including surcharge.

Anonymous said...

Hi, great blog with very helpful advice.

I got a 87/65 speeding ticket in NY, that I was able to reduce to a 1175 - "Obstructing traffic at intersection" by the ADA. It is still to be approved by the Town Court judge. Is it a good enough deal that I should accept?
Also, I was wondering if there is an equivalent violation in ON through which it would enter my ON driving records.

-tordr

Albany Lawyer said...

We think 1175 is good for Ontario but you should check with a lawyer there.

Anonymous said...

I'm from Ontario and recently was charged with VTL 1180B (70/55) in Jefferson County. I disagree with the charge because when the trooper allegedly measured my speed he was in front of me and around a corner, and other vehicles were on the road (even though he listed "direct observation" as the method of speed verification). Therefore, I plead Not Guilty and have now been offered an amendment to 1175. I'm not sure what to do since a) I don't know how much of a fine this carries and b) I honestly believe that I'm not guilty. However, is there any merit in actually appearing in court to fight this, or is it a waste of my time?
Thanks!

Albany Lawyer said...

Fine for 1175 is up to $235. The judge decides. If you want to appear in court and fight it, there's a chance it might work out for you. I would normally recommend my client accept the 1175, but not everyone would agree with me.

Anonymous said...

Got a 1110A Failed to obey traffic control device in Bronxville, NY. The ticket does not give any other details about the incident but the officer said I rolled through a red light and to plead not guilty. Advice?

Albany Lawyer said...

Hire a lawyer. Scott Feifer is good.

Anonymous said...

Hello,

I have a perfect driving record in all of the 4 states that I've lived in (NJ, MI, CT and now MA). I just received a speeding ticket in Ontario. Will this effect my MA license?

Albany Lawyer said...

I don't think ON tickets show up in MA, but I'm not sure. Check with the RMV, an MA insurance agent, or an MA traffic lawyer.

Anonymous said...

I got a 1110A violation ticket for driving at 45MPH at 20MPH school zone. Please let me know howmuch will be the fine and if any points? Please let me know if you can help me to reduce the fine.
Thanks in advance.

Warren Redlich said...

Maximum fine is $235. Our fee is $500 to help, so for most people it's not worth hiring us. However, if you are from another state, such as NJ or FL, the 1110a might cause enough problems that it's worth it to have us get it reduced.

LaurenCC said...

hello, so i have two tickets as of right now, one for 89 in a 65 and one for a 76 in a 55.... the 89 in a 65 i know i am guilty of and have already hired a lawyer just to try and get it reduced because it is a 6 point ticket... the second one the officer let me off with failure to obey traffic control device for two points but I did NOT deserve the ticket, The officer claimed that I was in the fast lane and zipping by other cars but i know for a fact that i was not doing either of the two but do not know how to prove it without getting myself into more trouble... any advice as to how to go about this case? I really cannot afford to hire a lawyer for this case as well, i already paid $250 dollars for the lawyer for the 89 in a 65 ticket.... How should I fight the second ticket? Also the fact that I have a nice mustang will not help me convince them that I am not guilty...... Help Please?!?!