There are a multitude of reasons why someone could end up with a ticket after driving. Rushing to work, making phone calls, erroneous electronic equipment, poor judgement, and the negligence of other drivers can all be considered the causes behind tickets. However, there are laws that apply to each scenario and you need to know how to use them to your benefit, and this even includes keeping good on traffic violation deadlines. Red light cameras are capable of making errors and so are human officers. Carefully examine your situation and see if you can make use of the law to reduce the severity of getting a ticket. At best, you will be able to get your ticket or case dismissed.
How to beat a NYC red light or mobile device ticket
There are ways that people have managed to beat red light tickets and mobile device tickets in NYC. One of the ways is to be found “not guilty” by the judge and getting the case dismissed. It is a possibility that if the officer does not show up in court that the judge may dismiss the case because the prosecutor is not there. If the officer doesn’t show up, the judge can simply reschedule the trial, the judge is not required to dismiss the case because the officer was a no show. Another way to beat a ticket is to find errors that render the ticket defective. Most tickets don’t have errors or incorrect information causing the ticket to be insufficient.
Know the laws about NYC red light and mobile device tickets
The state of New York has 2 different distinct laws prohibiting use of mobile device and portable electronic devices. Included in this could be an iPod, tablet, or any other electronic device you can carry around. It’s important to know that these types of offenses are handled in traffic court, not criminal court. Know the laws and what is permissible. If you are talking on your cell phone in a parking lot, this is perfectly okay. New York statutes find using your cell phone while in a vehicle that is not in motion permissible. So if you’re in traffic, stuck at a light, or your vehicle is not moving for any reason, you can use your cell phone. If you are in motion however, the rules change a bit. You can use your cell phone if the vehicle is in motion and you are not holding the phone in your hand. Therefore, if you are talking to someone while in motion via bluetooth, this is permissible. You can even briefly hold the phone while in motion to quickly initiate or end a call. Be careful with this one because holding the phone while dialing numbers is considered a violation in the state of New York.
What is also not permissible is holding the phone to your ear while driving. Even just holding the phone and listening into it is considered a violation. No matter what the situation is, it is worth a shot to try to get the points that you incur from the violation reduced to prevent a suspended driver’s license later on.
Dispute your NYC red light ticket
In the event that you find yourself faced with a red light ticket, know that you have options. There are viable defenses that can cause someone to run a red light. Perhaps a car was coming behind you quickly and was about to hit you, the yellow light was very short, or you were not able to see the light as something obscured it. Red light tickets are typically issued by an officer viewing the offense or it is captured by an automatic camera. In either case, it is acceptable in court if you can prove that you would have caused harm to someone by not running the red light. Another acceptable scenario is if the traffic light had a genuine malfunction causing the yellow light to turn red far too soon. If you were trying to avoid harm being inflicted on you or your vehicle and that is why you ran the red light, the judge will consider this and may choose to not uphold the ticket.
Another way to beat a red light ticket is if you can disprove the officer who gave it to you. If the officer was in an area where it is difficult to see you and you can provide evidence such as photos and eyewitness testimony, you may be able to disprove the officer. More than likely a judge is going to believe an officer in the court of law, but hard evidence is difficult to argue against, even if the evidence is against the officer. An argument that the officer who ticketed you has poor vision can stand in court if you have evidence. If issuing the ticket came down to the officer’s personal opinion, you can actually challenge that. Camera red light tickets can also be disproved. For a red light ticket issued by a camera, you need to prove that the light was not red when the photo was taken, the car pictured is not your car, you not in the car, or that your vehicle was part of a funeral procession. You can also request the photos that the red light camera took and examine them yourself to see if the driver is you. The driver is responsible for the ticket, not the owner of the vehicle.
There are many ways to get out of red light and cell phone tickets. In any case, you will need to have solid evidence to prove why the ticket should be dismissed. You need to know your options in every scenario so that you get the issue resolved as easily as possible. A little bit of education about the law goes a long way. Know that you can always hire a lawyer to show up in court for you if you have other obligations. There are many people who have successfully beat these types of tickets, so it is very possible that you can as well. In any case, eyewitness testimony and other forms evidence are very beneficial. At the end of it all, if you do not like the judge’s decision you can appeal by filing the proper paperwork in a timely manner.