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CalAttorney2
CalAttorney2, Attorney
Category: Traffic Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I live in Levittown ny got a ticket on my way up to Catskill

Customer Question

hi I live in Levittown ny got a ticket on my way up to Catskill ny. the ticket says new Windsor town court the city is new windsor. the ticket is for fld due care for emerg veh stopped or standing. how much is this ticket and is there any points ? thanks
Submitted: 4 months ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** i hope to assist you today.

I am sorry to learn that you were cited.

This violation carries a fine of $275 (plus the state surcharge) and 3 points.

The state surcharge is assessed by the city or village court.

Customer: replied 4 months ago.
ok and the ticket says I can appear in court September 1st but I'd like to appear this Friday on my way home to levittown ny. am I allowed to show up and plea bargain the ticket before my appearance date ?
Expert:  CalAttorney2 replied 4 months ago.

You can try contacting the court and asking if they will advance the preliminary date (first court hearing) for you, there is no guarantee that the court will allow such a continuance (it is still called a continuance even though you are asking them to advance the date), but you can ask.

You cannot simply show up in court on your return trip (the court will not have your case on file or be prepared to hear your matter).

Your other option is to hire a lawyer located in the Levittown NY area to argue the case on your behalf.

Customer: replied 4 months ago.
ok thank you and do u know if this town has a plea bargain system ? or will I have to go infront of the judge and plea my own case ? the only reason why I got this ticket was because a oversized vehicle cut me off and I went into the other lane and passed the cop that was pulled over
Expert:  CalAttorney2 replied 4 months ago.

While I do not have specific experience with this court, traffic court generally works in the same fashion.

You have 2 appearances that are possible.

The first: you plead guilty (pay the ticket, take the points) or not guilty (set the matter for a hearing (trial))

The second: your trial where you can put on evidence and argue why you should or should not have the citation

This particular statute is very strict (there is no "intent" element to it, so whether you intended to violate the statute or not is irrelevant). However, many times you can try to negotiate with the prosecutor's office and get a reduced penalty (so you will agree to plead to a lesser traffic violation pay the fine, and accept those points, in lieu of trial), but to do this you have to go through the 2 step process - plead not guilty and then negotiate with the prosecutor's office prior to the hearing (hoping to avoid the second appearance).

This is where hiring that attorney I noted above comes in very useful (they have the connections to the prosecutor's office and they can help you with the 2 appearances that may be necessary, particularly if you do not live locally).

Customer: replied 4 months ago.
ok thanks a lot ill accept ur answer
Expert:  CalAttorney2 replied 4 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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