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Ray
Ray, Lawyer
Category: Traffic Law
Satisfied Customers: 36937
Experience:  30 years in civil, probate, real estate, elder law
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I got a ecb ticket for not yielding to pedestrian will this

Customer Question

i got a ecb ticket for not yielding to pedestrian will this result in points against my licence
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: nyc
JA: Has anything been filed or reported?
Customer: picking up police report today
JA: Anything else you want the lawyer to know before I connect you?
Customer: pedestrian was not seriously injured
Submitted: 11 days ago.
Category: Traffic Law
Expert:  Ray replied 11 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 11 days ago.

Here are the rules: In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage.

New York Income Execution (Wage Garnishment) Law

Your remedy here to stop this is to file Chapter 7 bankruptcy and then advise the school that you have done so.There is an automatic stay in Chapter 7 and this would allow you to discharge the debt.Otherwise NY allows garnishment of wages as set out above.

Expert:  Ray replied 11 days ago.

Please ignore the post above.It was a site error.

Here is an accurate response below to your situation.

Expert:  Ray replied 11 days ago.

You should consider a lawyer here.If you have insurance you should consider reporting it, they would cover any medical from the pedestrian.If you think they were injured this protects you, the insurance also has to defend you if you are sued.

Expert:  Ray replied 11 days ago.

Section 4-03
TRAFFIC SIGNALS
(a) Traffic control signals. Whenever traffic is controlled by traffic control signals
exhibiting different colored lights successively, the following colors shall indicate and
apply to operators of vehicles and to pedestrians, except as superseded by pedestrian
control signals, as follows:
(1) Green alone.
(i) Vehicular traffic facing such signals may proceed straight through or
turn right or left unless a sign at such place prohibits any such movement.
But vehicular traffic, including vehicles turning right or left, shall yield the
right of way to other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time such signal is exhibited.
(ii) Pedestrians facing such signal may proceed across the roadway
within any crosswalk.
(2) Steady yellow alone, dark period, or red-green combined when shown
following the green signal:
(i) Vehicular traffic facing such signal is thereby warned that the red
signal will be exhibited immediately thereafter and such vehicular traffic
shall not enter the intersection when the red signal is exhibited.
(ii) Pedestrians facing such signal are thereby warned that there is
insufficient time to cross the roadway, and shall not enter or cross the
roadway. Pedestrians already in the roadway shall proceed to the nearest
safety island or sidewalk.
(3) Steady red alone:
(i) Vehicular traffic facing such signal shall stop before entering the
crosswalk on the near side of the intersection or, if none, then before
entering the intersection and shall remain standing until an indication to
proceed is shown.
(ii) Notwithstanding the foregoing provisions of this subdivision (a), or any
provisions of state law, an operator approaching an intersection where a
sign authorizes right or left turns on red signal may make such turn after
coming to a complete stop, but shall yield the right of way to all vehicles
and pedestrians lawfully within the intersection.
(iii) Pedestrians facing such signal shall not enter or cross the roadway.
(4) Arrows. When colored lights shaped as arrows are used as traffic control
signals, arrows pointing to the right shall apply to operators intending to enter the
intersection to turn to the right, arrows pointing vertically shall apply to operators
intending to enter the intersection to proceed straight through, and arrows
pointing to the left shall apply to operators intending to enter the intersection to
turn to the left. The colors of arrows shall have the same meanings as colors of
traffic signal lights, but shall apply only to operators intending to enter the
intersection to proceed in the direction controlled by the arrow.
(5) Signs. Operators shall comply with signs that refer to traffic control signals at
places other than the intersections at which such signals are located, for
example, "Stop here on red."
(6) Signals not at intersections. In the event an official traffic control signal is
erected and maintained at a place other than an intersection, all the provisions of
this subdivision (a) shall be applicable, except those provisions which by their
nature can have no application. Any stop required shall be made at a sign or
marking on the pavement indicating where the stop shall be made, but in the
absence of any such sign or marking the stop shall be made at the signal.

Expert:  Ray replied 11 days ago.

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A lawyer may be able to get it dismissed here, or a lesser violation and avoid points if possible.It is worth it to you.

I appreciate the chance to help and your patience.Once again apologize about the site error.