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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 100451
Experience:  Private practice
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I just received a NY DMV traffic ticket for FLD Due Care for

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I just received a NY DMV traffic ticket for FLD Due Care for Emerg Veh Stopped or Standing. Since I am a south NJ resident, am i able to write Not Quilty on my ticket and mail in a explanation? Or do i have to retain a atty as i am not able to return to a court appearance. I am explaining that the officer was sitting on the Shouldr (about 1 1/2 widths off the right lane) and we had just entered sign for a construction/ work zone approaching area. So for safety reason, I did not feel it was reasonable to change lanes approaching that zone.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Since I am a south NJ resident, am i able to write Not Quilty on my ticket and mail in a explanation?

First of all, please understand that anyone can plead NOT GUILTY (and it is a good idea to do so), be they an NY resident or not. Having said that:

1) If you simply plead guilty and send it it, then the matter will be concluded and you will be ascertained the fine;

2) If you plead NOT GUILTY and send it in, then the Court will set the matter for a hearing. Even with your explanation in writing, the Court will still have an oral hearing on the matter, which you must attend. If you are not able to make it, it is a good idea to retain counsel who can attempt to have the matter dismissed either by a technicality or by some other means, or at least plead down to perhaps a non-moving violation, etc. May I recommend the NY Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

3) Prosecutor's Leverage: If this case gets to trial, the prosecutor is likely to call the officer who will make an appearance and explain what he feels happened. He may or may not bring his dashboard camera tape that can also show what happened, if there is one. Normally, the Judge (or Jury, if you have a jury trial) takes the word of an officer over the Defendant, I am afraid.

4) Your Leverage: The prosecutor is normally very backed up. They are handling literally dozens of cases at once. Setting a matter for trial - jury trial, more so - is a serious issue since they have little time to prepare, file the proper motions, and generally make room for the trial to happen. This is when having an attorney comes in handy, who may then work with the prosecutor using a stick-carrot approach to lower the ticket to something less, or, dismiss it outright. Your attorney can always ask for even a more favorable plea deal, including a "non-moving" violation, that would be less of a fine and not count as points. If the prosecutor agrees, then this is a good deal.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.

Thank you for your prompt reply. Based on your info provided would your recommendation be to get the atty then?

Thank you for your prompt reply.

You are very welcome, L.

Based on your info provided would your recommendation be to get the atty then?

Indeed, it would. This would be the best scenario, and is likely to ensure a quick "nip in the bud" of this matter as painlessly as possible.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
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