Articles Posted in TRAFFIC

Did you receive a ticket for a traffic infraction such as speeding, red light or tailgating that is returnable to the Bedford Town Court? The attorneys at Tilem & Campbell can represent you in court for a flat, one-time fee of $195. Our lawyers are experienced in all aspects of traffic ticket defense and in most cases you will not have to appear in the Bedford Court with us. While past results don’t guarantee a particular outcome in your case, we have about a 95% success rate at getting traffic infractions returnable in the Bedford Court reduced or dismissed. Sometimes the court does require the driver’s attendance if the speeding ticket alleges a high speed (typically 90 mph or over). We sometimes see speeding tickets alleging high speeds on I684.

YOU MUST MENTION THE “SUMMER SPECIAL” THE FIRST TIME YOU CONTACT US TO RECEIVE THIS SPECIAL $195.00 FEE.

*Our $195.00 flat fee “SUMMER SPECIAL” expires August 31, 2011. The Summer Special fee only covers all traffic infractions except leaving the scene of an incident and DWAI. If you were issued multiple tickets at the same time, returnable to the same court on the same date and time, our fee for each additional ticket is $25. Therefore, if you received five tickets during the same stop, our fee to represent you would be $295.00. Criminal charges are not covered by the Summer Special fee. The fee must be paid and received by Tilem & Associates before midnight on August 31, 2011. Should you wish to retain Tilem & Campbell to represent you on a traffic infraction, we will provide you with a written engagement letter which will set forth the terms of our agreement. That retainer agreement will control our agreement.

If you received a speeding ticket in the Village of Bronxville, the lawyers at Tilem & Campbell are offering a Summer Special fee of just $195.00 to represent you. Our attorneys are experienced in all traffic related matters (speeding, red light, stop-sign, school bus, etc) and have handled thousands of traffic infraction cases throughout the State of New York. Most times you will not have to appear in court with us.

While our past performance does not guarantee a favorable outcome in your case nor can we guarantee a result, we have successfully obtained reductions or dismissals in approximately 98% of the Westchester County traffic infraction cases we have been retained on. Some of the factors that affect the outcome of your case are (1) the seriousness of the charge (don’t expect a great deal if you were doing 95 mph on the Bronx River Parkway); (2) the officer who issued the ticket; (3) the judge; (4) your driving record; and (5) your attitude with the cop when pulled over. Having a “you don’t know who I know” attitude with the Officer certainly can make plea negotiations more difficult.
Our $195.00 Summer Special ends August 31, 2011 and applies to all New York traffic infractions except leaving the scene of an incident and Driving While Ability Impaired [VTL 1192(1)]. You MUST read the Terms for all details and you MUST mention this “Summer Special” Promotion in your FIRST contact with us to receive this special $195.00 price. For more information you can contact us toll free at 1-877-377-8666 or visit us on the web at www.DrSummons.com.

In New York State, prior to 1969, all traffic tickets were handled in the criminal court for the particular jurisdiction where the traffic infraction (speeding, stop sign, red light, etc) allegedly occurred. In 1969, the New York State Legislature enacted Article 2-A of the Vehicle and Traffic Law, which authorized the administrative adjudication of traffic infractions in cities with populations in excess of one million people. In 1972, the population requirement was lowered to 275,000. The population requirement is currently 200,000. In other words, cities in the State of New York with a population of more than 200,000 can “opt” into the Department of Motor Vehicle’s Traffic Violation Bureau (TVB) system thus adjudicating traffic infractions administratively instead of in their respective criminal courts.

Currently New York City, Rochester, Buffalo and certain parts of Suffolk County utilize the TVB administrative system. Therefore, if you are issued a ticket in those jurisdictions, your case will be handled by the TVB and determined by an administrative law judge.

Just like in criminal court, the burden of proof in a TVB hearing is upon the People (the prosecution). However, the burden proof is lower in a TVB proceeding than in criminal court. Indeed, the burden of proof for one to be convicted at a TVB hearing is “clear and convincing evidence.” VTL 227(1). However, the burden of proof for one to be convicted of the very same traffic infraction in a criminal court is “beyond a reasonable doubt.”

If you are issued a speeding ticket in New York City, your case is not handled in a criminal court (as it would be if were issued a speeding ticket in Westchester County). Instead, your case will be heard by the Traffic Violations Bureau of the Department of Motor Vehicles (TVB). Cases heard by TVB are not criminal but instead are considered administrative proceedings. An experienced traffic court attorney can explain the difference between a speeding ticket issued in New York City and one issued in a city such as Yonkers or White Plains in Westchester County.

Often, people we represent who are charged with speeding in New York City ask if we can obtain information about the particular radar or laser unit the police used to measure their speed. For examples, the operating procedures and testing history.

The answer is generally no. The CPLR, including its discovery provisions, is not applicable in cases heard by the Traffic Violations Bureau. 15 NYCRR § 123.1. In Miller v. Schwartz, 72 N.Y.2d 869 (1988) the New York Court of Appeals upheld the constitutional validity of this rule and held that there is no constitutional right to discovery in administrative proceedings. (Note: The TVB is not a criminal court; it is an administrative tribunal).