Move from lane unsafely in ny does your license get suspended. Highland. Ny. How much do they charge

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Customer: Move from lane unsafely in ny does your license get suspended
JA: License regulations vary from place to place, so can you tell me what state this is in?
Customer: Highland
JA: Was a citation issued? Was a court date set?
Customer: Ny
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: How much do they charge
Answered by RaymondS316 in 2 mins 9 months ago
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RaymondS316
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RaymondS316, Expert

Hello, my name is ***** ***** I'm an attorney expert with Just Answer. I have reviewed your initial question and would like to help you resolve your legal issue.

Typically, your license will not be suspended based on a single moving violation.   Do you have a copy of the citation available?  If so, can you let me know the exact charge, or perhaps send a photo of it for me to have a look at?   

Customer
How do I send a photo
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RaymondS316, Expert

If you can take the photo there is then an option to attach it here.  Or, if it is easier, you can send it through email to my personal email address: ***@******.***

Customer
I sent the picture
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RaymondS316, Expert

Ok, got it.   Just give me a minute to look it over.  I'll be right back with you.

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RaymondS316, Expert

This citation on it's own only carries a 3-point penalty on your driver's license, if convicted:

https://dmv.ny.gov/tickets/about-nys-driver-point-system#:~:text=The%20Driver%20Violation%20Point%20System%20gives%20the%20New%20York%20State,driver%20license%20may%20be%20suspended.

So, without a longer record of your driving history, I do not see any reason for your license to be suspended.

For reference, the statute describing the infraction in full is located here:

https://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-1128.html

Is there anything else in your prior record that could lead to a suspension, or were you just curious about the penalty for this citation?

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RaymondS316, Expert

Please let me know if there is anything further I can do for you today.  I am happy to help any way I can.

Customer
It. 100 dollars fine or more
Customer
How successful are people fighting this kind of ticket in Ny
Customer
Can you. Plea guilty with an explanation because the speeding car on my left side Force my car in the yellow mid line
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RaymondS316, Expert

Yes, I do understand.  Also, there is several times in the citation where it mentions of the possibility of suspension.  However, that is for a non-response and/or prior records accumulating the required number of points.

Success in defending against this type of ticket all depends on the circumstances of your case.  If it is just your word versus the officer's I would say that it is not likely that you can beat it.   There is also the chance that the officer does not show up for court and the ticket is thrown out.   However, without a passenger/witness or some other kind of evidence to support your position, then the better route would be to pay the ticket and then perhaps take a defensive driving class to lower the total points on your license.

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RaymondS316, Expert

You certainly can provide that testimony as evidence at the hearing on this matter.   Then it will be entirely up to the judge whether they believe your testimony over that of the officer, who may say that the other car did not force you.  It is taking a risk, but it could be worth a shot.   The judge has total discretion as to who to believe, so I cannot really predict the outcome in any way that you should rely on.

Customer
The officer saw the speeding car that caused me to move but
Customer
Stop me instead
Customer
If I did not move the speeding car will hit my car
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RaymondS316, Expert

In that situation, a police officer does have discretion as well.  They cannot easily, or safely, pull over both vehicles in every circumstance.  The only question is whether you violated the letter of the law.  The details of the case may influence the judge's decision, but that is a judgment call on your parts as to how to handle it.   As I said, predicting what the judge will do is not really possible.  You do have good arguments, but they still might not convince the judge you're in front of on that day.

Customer
Our friend said it's because the speeding car was from NY and we are from NJ is this true?
Customer
If I make a statement will that lessen About the speeding car the fine?
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RaymondS316, Expert

That certainly is not what a police officer is supposed to do according to the law, no.  However, I have often heard that some state police are more likely to ticket someone from out of state.   Again, this does not really help your argument to the court, though.  The judge will only care if you acted reasonably under the circumstances, and whether you did violate the law.   I would not say to the judge that this only happened because you are from out of state.   That is not a good defense, and the judge may not like that you used that to try to get out of a ticket.    Also, it is impossible to say what the officer was thinking when he/she pulled you over.

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RaymondS316, Expert

It could, if the judge believes your version of events.  They do have some discretion as to how much of a fine to impose, but the usually stick to the standard for the offense--as you stated, the $100.

It is never a bad idea to tell the judge your side of things when something like this happens, there is just no way for me or anyone to predict the outcome.

Customer
Once you plea guilty it's up to the judge then
Customer
With an explanation
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RaymondS316, Expert

That is correct.  They will ask how you plead.  You can say that you want to plead guilty but would also like to give a statement/explanation before the fine is imposed.  Most judges will allow this.

Customer
lawyers can lessen the fine or points
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RaymondS316, Expert

Well, they can certainly help you to make the arguments you have been telling me about.  There is no guarantee that you could not get the same result on your own.  They do have more experience in court, perhaps with a particular judge or prosecutor.  That can help in shaping how the arguments are made.   Again, though, it is not automatic.

Customer
Thanks for your help have a great day
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RaymondS316, Expert

You're very welcome.   I wish you all the best in getting this resolved!

If you have any questions in the future regarding this or other legal matters, feel free to contact me directly through my Just Answer profile page: https://www.justanswer.com/law/expert-raymonds316/?rpt=3800

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