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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111664
Experience:  Attorney with over 24 years of law and traffic law
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I was ticketed due care veh stopped or standing. i was on

Customer Question

I was ticketed for FLD due care for emerg veh stopped or standing. i was on the right lane and the officer was on the extreme side lane to stop for emergencies. but when i was about to change lane to the extreme left, i notice a roe; so for my safety i chose to slowdown the car. how much do i have to pay for the ticket if i do have to pay?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NY law, it is a moving violation (not a felony or a misdemeanor crime). If you have a NY license it is 3 points on your license and a fine of $275 and court costs of about $200.
However, you can go to court and plead not guilty and it is a defense to the charge that you could not safely move over at the time and that you properly slowed down based on traffic conditions. Many times the officers fail to show up in court and if they fail to show up the prosecutor will dismiss the citation. Also, if you go to court and plead not guilty, you can explain the traffic condition and that it was not safe to move over and many times the prosecutor will offer up some deal such as reducing the violation to a non-moving violation which has no points and usually just the $275 fine.
Customer: replied 1 year ago.
What if I plead guilty with the explanation I gave
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Pleading guilty, even with the explanation, means you will have the points on your license and have to pay the full fine. So, it is not the best way to deal with this as the court will not consider your explanation. You need to plead not guilty and negotiate a deal with the prosecutor based on your explanation if you want to explain what happened.
Customer: replied 1 year ago.
What is the full amount ? And I don't live on the Americain soil. I am Canadian. Will I still lose my points? The thing is if I plead not guilty which means that I will have to go to court but I don't live next door and it will be hard for me to make it there. Is there another process ?
Expert:  Law Educator, Esq. replied 1 year ago.
NY has an agreement with Ontario and Quebec regarding reporting traffic violations to those provinces, so they will report the violation if you live in either of those provinces and then those provinces will issue whatever license penalty on your Canad***** *****cense is appropriate under the Canadian system (which I am not familiar with).
The total court cost will be approximately $300 if you plead guilty or no contest, which is likely a better plea (no contest is not an admission of guilt, even though it is entered on your record the same as a conviction).

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