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Disobeyed Traffic Control Device

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Disobeyed Traffic Control Device

Postby perlick29 » Thu Feb 28, 2008 10:47 pm

Bad night for me. But I could use some legal advice. I got pulled over on 95 in NY tonight. Officer said I was doing 76 in a 55. Instead of giving me a ticket for speeding, he handed me this ticket for Disobeyed Traffic Control Device, 1110A. On the ticket it doesn't say the amount of the fine or How fast I was going, the MPH and MPH Zone were left blank. It was a local cop not a state trooper. I'm thinking about fighting this, the cop said it would be 4 points on my license. Lawyers? Mookie? Anyone been in a similar situation? What should I do? I dont have any priors. I was also keeping up with traffic and signaled to change lanes from left to middle to right to get off at my exit which was less than 500 yards away. Maybe this was a hit your quota situation considering today is the 28th.
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Re: Disobeyed Traffic Control Device

Postby RugbyD » Thu Feb 28, 2008 10:51 pm

perlick29 wrote:Bad night for me. But I could use some legal advice. I got pulled over on 95 in NY tonight. Officer said I was doing 76 in a 55. Instead of giving me a ticket for speeding, he handed me this ticket for Disobeyed Traffic Control Device, 1110A. On the ticket it doesn't say the amount of the fine or How fast I was going, the MPH and MPH Zone were left blank. It was a local cop not a state trooper. I'm thinking about fighting this, the cop said it would be 4 points on my license. Lawyers? Mookie? Anyone been in a similar situation? What should I do? I dont have any priors. I was also keeping up with traffic and signaled to change lanes from left to middle to right to get off at my exit which was less than 500 yards away. Maybe this was a hit your quota situation considering today is the 28th.


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Upstate NY: Disobeyed Traffic Control Device [CDL - Out of State]
Was pulled over Friday night 11pm by a New York Super Trooper for speeding 79mph in 65mph on I90 in Genesee Co. I was overtaking a vehicle and went faster than the 75mph cruising speed I maintained with the flow of traffic while passing the vehicle downhill.

The trooper gave me a ticket for Disobeying a Traffic Control Device and told me to mail the ticket in within 48 hours to pay the fine.

I have a NJ CDL Class C with a Passenger endorcement and all of the NY points (3) will transfer over resulting in the first of two major violations that would suspend my CDL privileges.


I would like to get the ticket reduced to a no-point violation which I will gladly pay with any court surcharge fees, and will show up for court which will be in Stafford, NY some 400 miles away from home.

Question is could this be accomplished? What would the procedure be, and does anyone know any lawyers in the area. The town is located in the middle of nowhere off I90 between Buffalo and Rochester, NY.

=-------------------
You would need to negotiate with either the local prosecuter or directly with the upstate trooper. This is usually done by a retained attorney I although located in NYC handle these matters via phone,fax and mail in some upstate jurisdictions. Please call me @ seven,one ,eight,eight,three,four,zero,zero,eight,seven for more info.

Robert Evans
Robert S. Evans esq.
26 Court St. Suite1406
Brooklyn, NY 11201
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I'm not in my office right now, but if you call me on monday, after 2, I can probably find you a good lawyer in your area. Call me at 732/247/3340

Jef Henninger, Esq
Jack Venturi & Associates
73 Paterson Street
New Brunswick, NJ 08901
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Re: Disobeyed Traffic Control Device

Postby RugbyD » Thu Feb 28, 2008 10:53 pm

http://www.expertlaw.com/forums/showthread.php?t=43311

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#1 02-24-2008, 09:41 PM
xxkazxx
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Caught Speeding, Cited For Disobeying Traffic Control Device

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I was pulled over in New York State for going 79mph in a 55-I gave the officer my lisence and PBA card-He went to his car to check my lisence and then came back with a ticket and told me he gave me a ticket for a Disobeyed Traffic Control Device because my PBA card wasn't current and that the ticket would be 2 points on my lisence instead of 6 that the speeding ticket would have given me.....My question is that is there anyway out of this ticket because he wrote a ticket for the wrong infraction on purpose..????..........Thanks


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#2 02-25-2008, 06:54 AM
lwpat
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Re: Caught Speeding, Cited For Disobeying Traffic Control Device

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Sure. The court can dismiss this ticket and the officer can reissue you the 6 point ticket.
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#3 02-25-2008, 06:59 AM
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Re: Caught Speeding, Cited For Disobeying Traffic Control Device

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Lwpat is right. He was giving you a break -- count your lucky stars. He did NOT write you for the WRONG infraction. A speed limit sign IS a Traffic Control Device.
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Re: Disobeyed Traffic Control Device

Postby pilambp » Sat May 31, 2008 8:33 am

I'd recommend getting a lawyer. You could start with MOD EDIT: a firm I could recommend if you really really want but I wouldn't dare think of trying to advertise my second cousin's law firm on a fantasy baseball board. O:-)
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Re: Disobeyed Traffic Control Device

Postby KCollins1304 » Sat May 31, 2008 10:32 am

I love 3 month old threads. :-b
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Re: Disobeyed Traffic Control Device

Postby JTWood » Sat May 31, 2008 4:50 pm

pilambp wrote:

Why? Why post this now?? :-S :-S
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