Legal Question in Traffic Law in New York
Scenario: It was noon, in Queens, NY, and I was beginning to drive to work in my Mom's car. As I sped up a bit to change lanes, after having put the appropriate signals to switch lanes, I got pulled over for "speeding" doing 48 on a 35. The cop said thats what the radar picked up but I did not agree I was speeding. Gave over my papers except my license which I couldn't find but I did have my passport and gave that in as an ID. They came back and told me to get out the car since I was driving with a suspended license of which I didn't know about. After a little over an hour at the precinct, I was released only being charged with VTL0511 01A (which I know is for driving with a suspended license, but no speeding ticket.) Because of this, can I argue the cop had no reason to pull me over since I wasn't charged for anything and get this dismissed? I got my license suspended apparently because I forgot to pay a ticket (doing an illegal U-turn in a business district.) Help, please!
3 Answers from Attorneys
Because aggravated un-licensed is a criminal offense (misdemeanor), and can adversely affect your insurance rates, we strongly encourage you to fight this ticket. Further, given its seriousness, you should consult with (if not hire) an experienced traffic lawyer. There may be a probable cause issue but we need more information to better advise you on this point.
The failure to give a speeding ticket is not grounds for dismissal. I used to be a prosecutor in Queens. Feel free to contact me if you want to hire a lawyer. There are ways to get the case reduced to non-criminal.
While I generally agree with my colleagues, I have some differences in opinion & approach. You may be extremely fortunate in that the officer issued you a criminal court summons rather than a moving violation ticket. If that is so you have more and better possibilities in criminal court than you do in Traffic Violations bureau. Please contact my office @ 718-834-0087 for a free phone consultation.
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