Legal Question in Traffic Law in New York

Mistakenly entered wrong entrance on highway on a dark rainy morning

on a dark and rainy morning (today 12/12/08), I accidentally entered the wrong entrance on a highway. The highway was open going the right way but was stopped up to that point by police. Since there was no traffic, I did not realize i was going the wrong way.

As i was driving a passed a cop car that was heading the same way i was so I assumed i was going the right way.

He then pulled me over, verbally assaulted me repeatedly using the F-word, gave me a ticket for driving the wrong way and a ticket for entering on the wrong entrance.

This was a complete mistake, it was dark and rainy and the sign was hard to see int he conditions.

Is there any way i might be able to plead not guilty in court?


Asked on 12/12/08, 9:16 am

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Mistakenly entered wrong entrance on highway on a dark rainy morning

If you are in a non traffic violation jurisdiction,you will be allowed to plea bargain. If you are in the 5 borouughs , Suffolk County{west} Rochester or Buffalo then you either are guilty or not guilty. Mistake is not a defense nor is poor visibility.I would be happy to review the specifics with you via a free phone consultation. Please contact my office @7188340087.

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Answered on 12/12/08, 11:41 am
Joel Salinger Law Office of Joel R. Salinger

Re: Mistakenly entered wrong entrance on highway on a dark rainy morning

First, you can always plead not guilty. It is the state's responsibility to prove you guilty, not your responsibility to plead guilty. You are not guilty until proven guilty.

Second, that being said, depending on the court and county you are in, the standard that you must be proven guilty is different. If you have been charged with a traffic infraction and you are in Nassau County and if you are in the Traffic and Parking Violations agency then you can plea bargain. If you are in Western Suffolk County or in NYC then there is no plea bargaining allowed.

Third, mistake is not a defense and will not get you a not guilty verdict after trial on that issue alone.

You should get an attorney expenienced in traffic law.

If you would like to discuss this matter you can contact my office at 516.746.4747 or e-mail at [email protected].

Joel R. Salinger, Esq.

114 Old Country Road, Suite 440

Mineola, New York 11501

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Answered on 12/12/08, 9:38 am


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