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Old 04-13-2014, 07:33 AM
 
12,766 posts, read 18,366,510 times
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They will prob reduce it some if you co-operate. That said, learn the rules of the road next time. Never legal to cross a solid line in NY. HOV requires 2 or more ppl to be able to drive in it.

Defensive driving course may help get rid of the points.
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Old 04-13-2014, 08:42 AM
 
19 posts, read 49,438 times
Reputation: 10
Whinner,
I agree I was in wrong ( hov) lane, and will learn from the mistake but ticket for unsafe lane change is total bs, also crossing hazard line ticket is contestable so,

The way I will proceed,

Take the plea bargain pleading guilty for lower or no points if offered
If not, then plead not guilty and send in a lawyer

-Dan
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Old 04-13-2014, 09:24 AM
 
1,690 posts, read 2,059,481 times
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You will almost certainly get the HOV tickets down to 1. By presenting your case in a hearing (no lawyer necessary). Changing between HOV lanes to get out of the one you are in does not constitute 3 citations

You will win that easily
The insurance card get it taken care of before the hearing because then you can get a letter to bring to the court from your insurance that your policy never lapsed

With that, I think odds are very high you will have at most 1 HOV ticket, not 4...and possibly clear your name

Your story should be that you were not in the HOV lane voluntarily. You were unable to get over to the right due to traffic and made attempts to get out and got further penalized for doing so; these were not criminal violations.

Present yourself in court very calmly. Take a deep breath. Be polite towards the judge. Speak only when it's your turn to speak. Be graceful. This stuff works to your favor in getting off the hook, that's why this is important.

I think the guy was more willing to prosecute you than he would a NY resident, thinking it would be out of your way to appeal this. Show him he's wrong.

Last edited by EricS39; 04-13-2014 at 09:35 AM..
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Old 04-13-2014, 09:42 AM
 
19 posts, read 49,438 times
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Thank you Eric for stating positive facts and taking time to mention very key points that I myself was not able to state properly till now. Greatly helpful post.

I think I will be talking with DA before the judge. In other words I will appear on court date and go from there.

Regards,
Dan

Last edited by Dan3939; 04-13-2014 at 10:16 AM..
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Old 04-13-2014, 12:34 PM
 
622 posts, read 852,543 times
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Quote:
Originally Posted by blktoptrvl View Post
Frequently Asked Questions - Part 3 Markings - FHWA MUTCD

Q: Does a solid white lane line prohibit crossing to change lanes on the approach to an intersection?

A: MUTCD Section 3B.04 says to use a single solid white line to "discourage" crossing the lane line and a double white line to prohibit crossing it. A single solid white line is used for a variety of lines that drivers should be discouraged from crossing in "normal" situations but which drivers do need to cross in some situations. An example is the "edge line"---the line that separates the rightmost travel lane from the shoulder. The single solid white line discourages crossing onto the shoulder but does not prohibit it because it is obviously desirable and/or necessary to cross it in some situations, such as an emergency stop. The MUTCD sets the national standards for pavement markings, but it does not establish what the laws of the individual States may define as the legal meanings of various types of lines in each State. Some States may have laws that prohibit crossing a single solid white line in specific circumstances. Some states also have laws that go beyond just the meaning of the lines, by making certain driving maneuvers illegal under certain situations regardless of the markings, such as changing lanes when it is "unsafe to do so".
YES! You are correct! And I used just this paragraph to fight a ticket for 'crossing the gore' on an extremely long on ramp on the LIE. The infraction on the ticket was 'failure to obey traffic control device'. It was a Suffolk County Sherriff's deputy who ticketed me and I believe he wrote it because he didn't like that I slowed when I saw him (no, I was not speeding, but I was accelerating to highway speed rather quickly).

Since it was written in SUffolk County, I had to contest it in one of the Suffolk Kangaroo courts, before a lady who isn't even a judge. I cited the above paragraph and she said it didn't matter, I still disobeyed a traffic control device. I argued there's no way the officer could see me getting on the LIE, he was much further down the road at that point. I reiterated, she threatened me with contempt. She didn't care, decision for the county.

Sure, I have contempt... for that lady Adjudicative Clerk.
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Old 04-13-2014, 02:19 PM
 
Location: SC
8,793 posts, read 8,157,503 times
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Quote:
Originally Posted by mowmylawn View Post
YES! You are correct! And I used just this paragraph to fight a ticket for 'crossing the gore' on an extremely long on ramp on the LIE. The infraction on the ticket was 'failure to obey traffic control device'. It was a Suffolk County Sherriff's deputy who ticketed me and I believe he wrote it because he didn't like that I slowed when I saw him (no, I was not speeding, but I was accelerating to highway speed rather quickly).

Since it was written in SUffolk County, I had to contest it in one of the Suffolk Kangaroo courts, before a lady who isn't even a judge. I cited the above paragraph and she said it didn't matter, I still disobeyed a traffic control device. I argued there's no way the officer could see me getting on the LIE, he was much further down the road at that point. I reiterated, she threatened me with contempt. She didn't care, decision for the county.

Sure, I have contempt... for that lady Adjudicative Clerk.
So, basically she said. "I don't care what the law is, I am finding you guilty because I feel like it." One of the biggest problems with this country is that the people who are supposed to uphold the law don't even know what the law is. This includes citizens, cops, and judges.
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Old 04-13-2014, 03:37 PM
 
1,418 posts, read 2,806,300 times
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Quote:
Originally Posted by Jdawg8181 View Post
HOV requires 2 or more ppl to be able to drive in it.

Defensive driving course may help get rid of the points.

unless noted, one person is allowed in hov lane on lie between the hours of 10am and 3pm
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Old 04-13-2014, 06:12 PM
 
Location: Prince Georges County, MD (formerly Long Island, NY)
1,558 posts, read 2,723,240 times
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Quote:
Originally Posted by pidge1114 View Post
This sign is really hard to understand.
Except, unless that sign is totally brand new, it doesn't exist on the LIE.
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Old 04-13-2014, 06:43 PM
 
1,606 posts, read 2,961,031 times
Reputation: 1710
Quote:
Originally Posted by bigjretrac View Post
Except, unless that sign is totally brand new, it doesn't exist on the LIE.
excuse me, is this more accurate for your liking?



so unless he thought:

1. he was a bus
2. he was carpooling
3. he couldn't read English

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Old 04-13-2014, 09:11 PM
 
622 posts, read 852,543 times
Reputation: 501
Quote:
Originally Posted by blktoptrvl View Post
So, basically she said. "I don't care what the law is, I am finding you guilty because I feel like it." One of the biggest problems with this country is that the people who are supposed to uphold the law don't even know what the law is. This includes citizens, cops, and judges.
Exactly. The point is the TVB, which I believe is in the 5 boroughs and Suffolk County, is not a court. It is a bureau and the interpretation of the offenses is very different from that of a court. You do not have judges in the TVB, you cannot plea your charge down and there's no negotiation of the fine.
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