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Legal Eagle
Legal Eagle, Lawyer
Category: Traffic Law
Satisfied Customers: 5212
Experience:  Licensed to practice before state and federal court
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I have a failed to signal traffic ticket in which I know I

Customer Question

I have a failed to signal traffic ticket in which I know I signal and I was in a turning lane in Brooklyn, NY. How can I fight this?
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: New York
JA: Do you need to appear in court?
Customer: yes I am fighting the summons
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that is it
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 1 month ago.
I do not mind typing and yes you can take your time reading through my case
Expert:  Legal Eagle replied 1 month ago.

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

Expert:  Legal Eagle replied 1 month ago.

Thank you very much for your patience. Based on information from a trusted source, “An 1163(a) violation will result in a $150 fine, $93 surcharge and 2 points for a first offense. If a driver has a second offense within 18 months the fine jumps to $300, $93 surcharge and another 2 points. A third offense within 18 months will result in a $450 fine, $93 surcharge and another 2 points. It should be noted that for an 1163(a) violation a judge has the authority to send a driver to a jail from 15 to 90 days.” Becuase this is technically considered a “criminal” charge, there are some important things you have to remember. First, the state has the burden of proof. This means that they must prove beyond a reasonable doubt that you committed this violation. This means that if you believe that you did use your turn signal and they are saying you did not, then they have to prove, somehow, that you didn’t. This means that you may need to go to trial to defend yourself. If you go to trial, then the police officer or administrative official who wrote the ticket will need to appear in court to be a witness. You could testify that your signal was working at the time; you could point to a lack of any tickets in the past; and you can even cross-examine the police officer/ticket writer about their perceptions. You could question whether their eye sight is fine. You could question whether there were any obstructions. You could even question whether they had the right car. For instance, if you drive a regular, late-model vehicle, then is it possible that he confused your vehicle with another? If so, then reasonable doubt.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually

Customer: replied 1 month ago.
Another issue I had at hand was I paused due to a speeding car running the light and I was trying not to get hit so I did not turn right away but I turned with caution once I was clear using my signals at the turning lane, which has arrows indicating "turning only". Do you believe I have a chance to beat this case?
Expert:  Legal Eagle replied 1 month ago.

I believe that you have a chance to beat the case. What’s important is if you organize your facts and circumstances about the situation in a way that makes sense, then it is likely that a judge, who is a lawyer too, will side with you that you did not violate the statute. In addition, you could put forward the idea that public safety is most important with traffic laws and that you were complying with the laws as well as possible to ensure that. Did you have any other questions for me?

Customer: replied 1 month ago.
Do you have any suggestions on how I can organize the facts? or A to do list I should create to prepare for my day in court? or any handy tools that can help me plead my case?
Expert:  Legal Eagle replied 1 month ago.

Good question. Try this on for size:

  1. Go back to the location where the alleged infraction occurred (if possible). Take note of anything that would have blocked the officer’s vision or ability8 to see you.

  2. Create a timeline of events based on the best of your memory. It can be as specific down to the minute if necessary. This will add to your credibility.

  3. Practice how you would describe those facts when you have a chance to make your statement in front of the judge.

  4. Think about the questions you will ask the police officer. Never ask a question you don’t already know the answer to.

Customer: replied 1 month ago.
Thank you. I still feel a bit uncertain but I do not know of any other questions to ask
Expert:  Legal Eagle replied 1 month ago.

Ok, I understand. Uncertainty is perfectly normal. There is no way that you will know how things will turn out until you get there. All you can do is prepare prepare and prepare some more. If you don't have any other questions, would you be so kind as to provide a five-star rating for me? Thanks so much.