It is very important to use a lawyer to beat any traffic ticket you receive from police in NYC. This article considers a very harsh and quite costly summons in terms of 5 persistent violator points and a minimum $250 fine plus $80 surcharge; to wit, a NYC passing a school bus violation.
Before we get into how to beat a NYC passing a school bus violation, let's examine the differences between NYC traffic court and traffic court in other parts of NYS. Let's take Westchester as representative of the rest of NYS and Manhattan as representative of the 5 boroughs.
If you get a passing a school bus summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. This accounts for a big difference in the results between Manhattan and Westchester.
If you lose your NYC traffic court hearing for a passing a school bus ticket, the result will be a fine and 5 points on your driver's license whereas in Westchester you would have plea bargained your way out of all or most of the points if your driving record was good. Further, your insurance premium will almost certainly go higher from a passing a school bus violation. Remember, in Westchester, none of this would have happened.
Moreover, the procedure and evidence rules in NYC are far more generous to the police then to the motorist when compared to other parts of NYS. In NYC, special DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police. The police burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you passed a school bus then didn't). In the rest of the state, the burden of proof is beyond a reasonable doubt, which greatly favors the motorist.
What can a lawyer do for you regarding NYC passing a school bus ticket? Quite simply, a competent and experienced NYC traffic court lawyer is your best defense in beating such a ticket.
A lawyer knows the elements involved in the People's case. Meaning, those things that the PO must say in order to get a motorist found guilty. If the PO makes a mistake, then the lawyer can vigorously move to dismiss the charge. Some of the elements that the officer must prove involving a NYC passing a school bus ticket are 1. There was a duly registered school bus (with proper school bus paint) having its stop sign deployed actively engaging in the pick up or discharge of children; 2. The motorist passed the school bus with its stop sign without coming to a complete stop and waiting for the bus to conclude its business; 3. An accurate description of the roadways involved; 4. A description of the weather; 5. Proper ID of the motorist through a state issued motorist id card, i.e., driver's license, 6. No emergency vehicles or other police or enforcement officers instructing the motorist to go past the bus for safety reasons, etc.
It is imperative to hire a NYC traffic lawyer to dismiss your NYC passing a school bus ticket. Most passing a school bus tickets are generally dismissed by a competent NYC traffic ticket attorney.
Before we get into how to beat a NYC passing a school bus violation, let's examine the differences between NYC traffic court and traffic court in other parts of NYS. Let's take Westchester as representative of the rest of NYS and Manhattan as representative of the 5 boroughs.
If you get a passing a school bus summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. This accounts for a big difference in the results between Manhattan and Westchester.
If you lose your NYC traffic court hearing for a passing a school bus ticket, the result will be a fine and 5 points on your driver's license whereas in Westchester you would have plea bargained your way out of all or most of the points if your driving record was good. Further, your insurance premium will almost certainly go higher from a passing a school bus violation. Remember, in Westchester, none of this would have happened.
Moreover, the procedure and evidence rules in NYC are far more generous to the police then to the motorist when compared to other parts of NYS. In NYC, special DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police. The police burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you passed a school bus then didn't). In the rest of the state, the burden of proof is beyond a reasonable doubt, which greatly favors the motorist.
What can a lawyer do for you regarding NYC passing a school bus ticket? Quite simply, a competent and experienced NYC traffic court lawyer is your best defense in beating such a ticket.
A lawyer knows the elements involved in the People's case. Meaning, those things that the PO must say in order to get a motorist found guilty. If the PO makes a mistake, then the lawyer can vigorously move to dismiss the charge. Some of the elements that the officer must prove involving a NYC passing a school bus ticket are 1. There was a duly registered school bus (with proper school bus paint) having its stop sign deployed actively engaging in the pick up or discharge of children; 2. The motorist passed the school bus with its stop sign without coming to a complete stop and waiting for the bus to conclude its business; 3. An accurate description of the roadways involved; 4. A description of the weather; 5. Proper ID of the motorist through a state issued motorist id card, i.e., driver's license, 6. No emergency vehicles or other police or enforcement officers instructing the motorist to go past the bus for safety reasons, etc.
It is imperative to hire a NYC traffic lawyer to dismiss your NYC passing a school bus ticket. Most passing a school bus tickets are generally dismissed by a competent NYC traffic ticket attorney.
About the Author:
Michael Spevack, Esq. is a NYC traffic ticket lawyer with more than 15 years' experience in beating traffic tickets in NYC. He is a graduate of NYU School of Law, and would be glad to help you beat your summons. Visit Michael Spevack, Esq.'s web site now.
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