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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On Route 63 in Pavilion, NY, I was cited for driving to left

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On Route 63 in Pavilion, NY, I was cited for driving to left of pavement markings. It happened as I swevered on the other side to avoid a small animal on the road.

How many traffic driving points is it? Can I avoid driving points by taking Defensive Driving Course? What should be done here?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Driving to the left of pavement markings under NY Vehicle and Traffic Code 1126a, is a 3 point violation. Under NY law, you can take the driver Point and Insurance Reduction Program to reduce up to 4 points from your license. If you have some evidence you swerved to avoid the animal, you should plead not guilty and go to court and explain what happened to the court and seek to get the court to find you not guilty. Even if the court finds you guilty, you can still take the point reduction class for DMV to remove the points from the license.



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Customer: replied 3 years ago.

I do not have any evidence in the form of a damage to the car, as I had avoided the squirl.


It happened before the top of the hill. As I came down, I came to the right as soon as possible.


 


Should I write all this behind the ticket and submit not guilty? How much is the fine?


 


Karma

Thank you for your response.

The fine is about $150, but each clerk has different fees on top of fines, so you need to check with the clerk to determine the fine in the court your case is set in. You should submit as not guilty and state you were only avoiding a hazard in the roadway, nothing more. Then you should go to court and present your case to the judge, it is worth a chance in a case like this one as you have a mitigating reason.
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