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Old 04-29-2014, 11:45 AM
 
Location: Bronx, NY
59 posts, read 213,333 times
Reputation: 29

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Hello, I just wanted some advice as this is my first ticket.

So you guys can understand me better I'm uploading a google map picture of the street where I was given the violation.

This is the street, the Gas Station is circled in red. My Car is the gray line, the car in front is red, and the cop is blue. I was driving West bound on 173rd Street to then make a left on that smaller street on the left into the gas station. There is NO TRAFFIC LIGHT there or stop sign, or yield etc. There is a traffic light on Boston Road.

About the street:
This is a 2 lane street each lane headed in opposite directions.
There is now solid yellow line.
There are no signs other than the "No Parking on Mondays 9-11am ..."




This is what happened:

Long story short, I had my Fuel Pump replaced and all the gas was drained and accidentally spilled (it was only about half a quarter of a tank). So after replacement I had to go to the gas station (I don't know how my car was running honestly).

Long story short, there were a couple cars in front of me and I wanted to make a left into the gas station so I overcame the car in front of me to go ahead and make that left. The cop of course pulls me over because there aren't any criminals running around in the BRONX.

She gives me a ticket for violation 1122(a) with the description of "Unsafe Passing."

Four weeks later I check online to put my "Not Guilty Plea" and I noticed that the "Unsafe Passing" description changes to "No Pass on Right."

Here is what I thought of:

1. My ticket will be thrown out for having the wrong code (crossing fingers).
2. I'll have to fight it for "No Passing on Right."
3. I'll have to fight it for "Unsafe Passing."


Here are my concerns:

--If option 2 happens, I plan on arguing at the fact that there is no space for me to pass a vehicle on the right in the street because cars are always parked around there. Take pictures of the street etc etc. Should I mention that I overcame vehicles on the left to make a left turn?


-- If option 3 happens, I plan on arguing that according to Article 25 Section 1120, 1, I am exempt from driving on the right side of the roadway when overtaking a vehicle. And 1122(a) allows me to overtake a vehicle on the left where permitted (NO SOLID YELLOW LINE) and after I overcame the vehicle I simply made a safe and legal left turn.

-- If option 1 happens, we'll all be happy , at least I will lol.

Any advice?
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Old 04-29-2014, 12:00 PM
 
3,445 posts, read 4,826,588 times
Reputation: 6073
Stop making excuses for your poor driving, plead guilty and pay the fine. It's so tiring hearing the same excuses from you violators...

Oh the cops are against me
Oh why cant they just go after criminals
Oh its not my fault, they are wrong....
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Old 04-29-2014, 12:08 PM
 
Location: Bronx, NY
59 posts, read 213,333 times
Reputation: 29
Quote:
Originally Posted by 30to66at55 View Post
Stop making excuses for your poor driving, plead guilty and pay the fine. It's so tiring hearing the same excuses from you violators...

Oh the cops are against me
Oh why cant they just go after criminals
Oh its not my fault, they are wrong....
So you're telling me the cops are right 100% of the time? People make mistakes all the time, I strongly believe the officer unnecessarily cited me, if not she cited me incorrectly. I am asking for advice on how to clearly present my case so the judge can understand me and because this will be my first time going to court.

So unless you have something useful to say, please refrain yourself from commenting.
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Old 04-29-2014, 12:29 PM
 
3,445 posts, read 4,826,588 times
Reputation: 6073
Here is something useful...don't waste your time, you will be convicted.

and cops just don't go around pulling random motorists over. There are plenty of fools breaking the law all the time.
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Old 04-29-2014, 09:28 PM
 
390 posts, read 370,728 times
Reputation: 557
There is no court no judge to see in NYC, your pleading will go through TVB. I suggest you pay for the fine, unless of course you have so much time, you can delay the case up to 2 times and pray cop dont show up on the court day.
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Old 04-30-2014, 08:13 AM
 
Location: Confines of the 101 Precinct
19,086 posts, read 32,666,756 times
Reputation: 7563
Plead to or pay TVB tickets | New York State DMV
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Old 05-02-2014, 08:51 AM
 
Location: NYC
2,724 posts, read 2,864,188 times
Reputation: 4685
If it's a one lane street without a left turn lane, why would you be passing anyone? You just wait behind the car in front of you until it moves and then you can move up to the intersection and turn.
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Old 05-02-2014, 08:55 AM
 
Location: Bronx, NY
59 posts, read 213,333 times
Reputation: 29
Quote:
Originally Posted by Adhom View Post
If it's a one lane street without a left turn lane, why would you be passing anyone? You just wait behind the car in front of you until it moves and then you can move up to the intersection and turn.
Because there was no solid yellow line therefore I am allowed to overtake a car on the left by passing through the other lane.
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Old 05-02-2014, 10:43 AM
 
902 posts, read 1,972,318 times
Reputation: 668
Quote:
Originally Posted by eljean View Post
Because there was no solid yellow line therefore I am allowed to overtake a car on the left by passing through the other lane.
You can't that. You're not supposed to pass on the left in what would be oncoming traffic 3 cars back!

Pay your fine. You were clearly in the wrong.

Just b/c your car was about to run out of gas the world must stop for you huh? You could have possibly caused an accident.
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Old 05-02-2014, 10:58 AM
 
Location: Bronx, NY
59 posts, read 213,333 times
Reputation: 29
Quote:
Originally Posted by luvnyc View Post
You can't that. You're not supposed to pass on the left in what would be oncoming traffic 3 cars back!

Pay your fine. You were clearly in the wrong.

Just b/c your car was about to run out of gas the world must stop for you huh? You could have possibly caused an accident.
I don't know where you guys live at but here in New York if the yellow line is dashed you can overcome a car by passing around it on the left.
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