Failed to Yield? You Can Still Succeed in Beating the Ticket!

Posted: March 20th, 2018 | Author: | Filed under: Yield Ticket | Comments Off on Failed to Yield? You Can Still Succeed in Beating the Ticket!

There are few things more stressful than receiving a ticket that you believe will lead to points on your license in New York. Ideally, of course, no one would ever get points on their license, but in the hectic driving conditions you might experience in the city, sometimes a situation can sneak up on you. If you average as little as a single point a month, you might be looking at a suspended license—at best an inconvenience, at worst a major disruption to your life and career. It’s no wonder that a ticket issued due to failure to yield to a pedestrian is such a great source of angst to drivers! Three points is nothing to scoff at, to be sure (not to mention the fines you might incur!)—but the situation may not be as cut and dried as it seems.

Pedestrian Right of Way: What you should know

Failure to yield to a pedestrian falls under the New York State Vehicle and Traffic Law (VTL) §1151. Within New York City itself, you can also have a ticket cited under the New York City Traffic Rules and Regulations §4-04(d) and 404(b)(1).  Regardless of which law is used, the basic points remain the same:

  1. Wherever traffic control signals are lacking, vehicles must yield to pedestrians crossing by way of a crosswalk.
  2. You may not pass another vehicle in an intersection that is currently yielding to a pedestrian.
  3. Pedestrians must give the driver of a vehicle the opportunity to yield. That is, “failure to yield” does not apply if a pedestrian simply steps, runs, or jumps out in front of a vehicle without allowing adequate time for the vehicle to yield.

Now, there are several things to take note of here.  First, most of these laws only directly reference situations in which there are no walk/do not walk signs and other relevant traffic control lights. However, even if you have a green light, you should yield to pedestrians, as in some cases, they may have a “walk” signal, regardless of what signal applies to your vehicle.

Second, these laws only directly reference situations in which the pedestrian is within a crosswalk. However, intersections are usually considered to be “unmarked” crosswalks,” so the absence of a marked crosswalk does not necessarily mean the area isn’t considered a pedestrian right of way.

Finally, these tickets are often issued based less on the facts of the circumstances and more at the ticketing officer’s discretion. That is, they are a judgement call by the officer. This can be seen in both a positive and a negative light by a driver. On the one hand, an over-zealous officer might issue a ticket for a very minor situation (or in one that usually wouldn’t rate a ticket). On the other hand, because these tickets are so often issued subjectively, drivers have a good chance of fighting them in court—with proper legal counsel.

Why You Should Hire a Lawyer for a Failure to Yield Ticket

Your legal counsel can examine your situation in depth.  Our legal team is not only intimately familiar with the laws and the errors commonly made by officers, but also with driving within New York City itself. We understand the various pressures and circumstances that surround drivers, and how they may mitigate an otherwise seemingly clear-cut situation, and how to argue on your behalf.

Contact us for a free consultation today! It’s our mission to not only defend you, but to do so aggressively, so that any traffic violations you may have been charged with have the least possible negative impact on your life. In many cases, you won’t even have to go to court!

Stop! Look Both Ways Before You Plead on a Rolling Stop Ticket.

Posted: March 20th, 2018 | Author: | Filed under: Speeding Traffic Ticket Attorney | Comments Off on Stop! Look Both Ways Before You Plead on a Rolling Stop Ticket.

New York City traffic can be chaotic.  Anyone who drives in the city routinely knows that it takes a certain amount of confidence and bravado to make it from point A to point B.  Simply getting where you’re going in a reasonable amount of time, safely, can be an adventure.  But an adventure can quickly turn sour if you find yourself on the receiving end of some flashing blue and red lights. One of the most common tickets issued in the city is for disobeying a stop sign. While running a stop sign might seem like a clear violation, the same law is also used for creeping or rolling past one—something the best drivers might have done on occasion, especially when they don’t know when there’s going to be another break in traffic.

Consequences of Disobeying a Stop Sign

Disobeying a stop sign comes with some hefty punishments. First, there are fines, which increase in value if you have other similar violations on your record.  Second, and perhaps more seriously, you’ll also accrue points on your license—3—if you are found guilty of rolling a stop sign.  Finally, and most disturbingly, multiple incidents involving disobeying a stop sign can actually lead to your arrest and up jail time.

Obviously, you want to avoid all of this if at all possible. Points on your license add up to additional issues. First, if you have a certain number of them, you can look forward to having your license suspended, and they take some time to expire. Second, they can influence your insurance premiums. As if you’re not already paying enough, living or working in NYC! Of course, hundreds of dollars in fines aren’t ideal either, and jail time should be avoided at all costs, as it can have long lasting effects on your ability to maintain your household or hold down a job.

What Rolling a Stop Sign Means

Essentially, disobeying a stop sign means that you didn’t come to a full and complete stop. However, there are circumstances that can mitigate the penalties you might receive, even if you are found guilty of disobeying a stop. For example, if you were attempting to avoid another accident, the charge could be dropped. If the stop sign is obscured by construction, vehicles, or foliage, you may also be able to avoid charges. A good lawyer may also be able to make a case that the ticketing officer did not have a clear view of your vehicle at the moment it was stopped.

Why You Need a Lawyer if You are Ticketed for Disobeying a Stop Sign

Not all tickets issued for disobeying a stop sign need to lead to personal tragedy! On the contrary, many can be effectively argued in court if you have the right representation.  The above defense tactics have proven effective for our very experienced attorneys in the past.

In addition to potentially being able to have the ticket thrown out entirely, there is also the chance to negotiate for lower penalties. For example, lower fines, or not accruing points on your license. However, it’s unlikely you’ll be able to manage these negotiations on your own. You need experienced legal representation to have a chance to fight back against a violation that is taken so seriously by the justice system.

That’s why we recommend calling us for a free consultation before you take any action on your own. Our lawyers know NYC and NYS traffic law inside and out, and we have the knowledge, skills, and resources to make sure that your case is treated fairly. We aggressively defend our clients—it’s how we’ve built our incredible reputation!