If you’ve ever been accused of running a red light or stop sign and then saw blue lights flashing in your rear view mirror, you can probably remember the stress you felt. And if the officer wrote you a ticket (known as an 1110(a) ticket), you likely dread the outcome of its eventual adjudication. The prospects of having to pay steep fines and see your automobile insurance premium rise are enough to induce plenty of anxiety.
You may be wondering whether it’s worth fighting the ticket or whether you should just get the matter over with by pleading guilty and moving on. Before making a decision, consult with The New York Traffic Ticket Lawyers. We work to help drivers with 1110(a) tickets resolve their matters in the most cost-effective way possible.
What Is an 1110(a) Ticket?
The New York Vehicle and Traffic Laws (VTL) include all of the rules that drivers must follow when operating their vehicles in the state. Section 1110(a) is concerned with traffic control devices. A traffic control device is a sign, signal, marking, or other device that is installed to regulate traffic movement.
Stop lights and stop signs are two specific examples of these devices. You are most likely to receive a ticket for allegedly running a stop light on red or failing to come to a complete stop at a stop sign before driving forward.
What Are the Consequences of an 1110(a) Ticket?
If you receive an 1110(a) ticket and are later found guilty or plead the same, you will have 2 points added to your driving record (3 points if you run a stop sign) on top of the following:
- For a first conviction: A fine of up to $150, plus a $93 court fee, and potentially a 15-day jail sentence.
- Second conviction (within 18 months of the first): A fine of up to $300, plus a $93 court fee, and potentially a 45-day jail sentence.
- Third conviction (within 18 months): A fine of up to $450, plus a $93 court fee, and potentially a 90 day jail sentence.
Jail is unlikely unless there are hazardous circumstances associated with the offense, like nearly striking a pedestrian. As for the 2 or 3 points, those should not be taken lightly. In New York, if you receive 11 points in an 18-month period, the DMV could suspend your driver’s license.
Should I Fight the Ticket?
Many people would rather not deal with the hassle of going to court and fighting a ticket, so they plead guilty and pay whatever penalty applies. However, this might not be the best option for you. Not only could you face the potentially steep fines listed above, you will likely see your automobile insurance premium increase.
A driver who challenges a traffic ticket should know that the burden of proof rests with the charging law enforcement agency. Moreover, the officer must prove that the traffic offense occurred by clear and convincing evidence (meaning, it is at least 51% likely the driver is guilty). Fortunately, you may be able to challenge the ticket by raising these objections:
- Problems with the sign or device: If the traffic signal was malfunctioning, or it was not in the proper position, either of these facts could dispense with your ticket. Traffic devices must be properly installed, legible, and visible to the driver (meaning, for instance, not obstructed).
- The government has not met its burden of proof: Remember, you are the defendant, which means the State must prove that you violated the law. This means, for instance, showing that the traffic control device was in place at the time of the alleged offense and was sufficiently visible and legible. If the government cannot prove these and other elements, you can ask the judge to dismiss the charge.
- The government’s authority over the device: Did the governing authority that placed the traffic control device have the authority to do so? While it is relatively rare for this argument to apply, our New York traffic ticket attorney will fully investigate the circumstances surrounding your 1110(a) ticket to see if it does.
Explore Your Options With The New York Traffic Ticket Lawyers
You may have other defenses, depending on the facts surrounding your case. You deserve to know all of your options and our law firm is ready to assist you in making the decision of whether to fight your 1110(a) ticket. Contact us today to get started.
