Legal Question in Traffic Law in New York

I got traffic ticket last Sunday with description: Fail to yield to pedestrian on crosswalk.

Cop stopped my car on the next block. Lady-cop came to my window and asked me to present the driver license, no introduced herself. Then she asked me if I aware about "Yield to pedestrians" rule. I responded: "Yes...", then she interrupted me:

"OK", and ignored my question: "What's happened, officer?"

She returned to the car and soon came back with ticket.

I had my wife and 3 years old son in the car, we were shocked, because there wasn't any pedestrians on the intersection and crosswalk, which was mentioned in the ticket.

Now, the interesting thing started. My car is equipped with the black box recorder(HD video), which is recorded all traffic movements on front and back of the car. There is a perfect view, whats happened before and behind the car.

After I arrived home, I reviewed the video. I found following:

1. There was NO pedestrians on the crosswalk or intersection. Clearly.

2. Cop's car was on opposite side on the middle of the blocks( between East 11th street and East 12th street - half block from the intersection where the incident occurs and the block that was forward on my way).

3. Cop's car which was located on opposite side, made the K-turn after I passed her on the middle of the block.

4. Cop stopped me after I passed East 12th street, so one block from the intersection where incident occurs.

Obviously, I'll plead "NOT GUILTY" at the hearing.

I'd like to get advises or suggestions how to proceed in this matter. Should I go to TVB or may I request a hearing at the different court.

All comments will be appreciated.


Asked on 1/21/14, 9:38 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

It's great that you have that evidence. I would advise hiring an attorney experienced in TVB court to handle the presentation of that evidence for you. You cannot choose your forum -- if the summons requires you to appear in TVB, then you must go there.

Good luck,

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Answered on 2/04/14, 9:28 am


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