# I got a ticket at Nyack, need advise.



## chocy (Feb 4, 2009)

Yep, I ran a stop sign. It was stupid because some one actually warned me on the way to Runcible spoon and It was on the way back and I stopped at the sign before it. But I was looking down and missed the stop sign when it counted!! I do not have anybody but myself to blame. :cryin: 

But this is where it gets a little complicated. The cop who ticketed me tells me that if I plead guilty then I will get 3 points on my drivers license thus, it will be costly. So he tells me to show up at court and plead not guilty and then they will sort it out....  

The thing is I live in the city and I don't have a car. showing up at Nyack court means I will have to "ride there again" during weekday missing my work. With temperature rising, it is getting pretty difficult to get there (one of the reason for missing that sign I was a little out of it) 

On the ticket, it says I could plead not guilty by mail, but would this work the same way as showing up or would it be much safer to show up at court and make it a day ride? (although I love riding, From the city as a "commute" sounds pretty intense and daunting.

What do you guys think??


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## trener1 (Jan 22, 2004)

*Bus*

I am not sure if this will help in the grand scheme of things, but you can also catch a bus from Port Authority to Nyeck.


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## AlanE (Jan 22, 2002)

What does your drivers license have to do with this?


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## chocy (Feb 4, 2009)

Well I gave him my driver's license and he seem to have issued ticket on my Driving Record. I thought it was bazzare too, but that's what that guy told me...


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## ckelly49 (Jul 9, 2006)

If you don't have a car you probably don't have car insurance so it's not as if your rates can go up. You'll probably just have to pay the ticket fine no matter how you plead, but if you go to plead not guilty you'll most likely have to pay a court fee.


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## tednugent (Apr 26, 2010)

It sounds like you need a lawyer. It is hard to take advise from us casual members whom may/may not be lawyers.

The cop may have interpreted the laws wrong and incorrectly put points on your driver's license-- that's for a lawyer to figure out

If you don't have a car in NYC, it can still affect you...say, ZipCar rentals.


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## ping771 (Apr 10, 2006)

Chocy,

I am a licensed attorney in NJ, but I am familiar with traffic laws in NJ, and to some extent NY. First, a bicycle rider riding on public roads, such as the one you were on, is subject to the duties and penalties as an auto driver. So you are treated no differently than a car driver who ran a stop sign under the law. So if you plead guilty for running a red, you will be getting the 3 points. Yes, even though you don't own a car, you will still be getting points as assessed by the NYSDMV. Yes, it makes a difference even if you don't own a car, because on the next violation, if that violation brings you to 6 points (the first 3 from this incident) (within an 18 month period) you will have to pay an additional $300 assessment for the first 3 years, and another $25 for 3 years for each additional point above 6 points. 

You should mark "Not guilty" on the back of the ticket, make a xerox of both sides, mail it with a cover letter indicating you're enclosing the ticket and on the subject line indicate the summons number, and charge issued, state you will be pleading not guilty and request a court date. If you plead not guilty, they will mail you back a letter notifying you of the court date. On the court date, you will wait in line with all the other pro se's (people without attorneys) waiting to speak to the town prosecutor (ADA), and you should request a downgraded charge to a 2 point violation. I don't know of any zero point moving violations in NY (there is in NJ, and most people plead to that charge, pay a heavy fine, but no points), so you should ask a NY attorney. If you find that there are no zero point moving violations that you can downgrade to, and you feel it's not worth it to take the trip to Nyack town court, then I would suggest pleading guilty to the 3 point charge.

Btw, I would suggest that you get a ride to the court, and wear normal clothes (khakis and a shirt). If you ride your bike there, and show up in bib shorts and a jersey walking around with your helmut, not only will you smell like sweat for the 2hrs that it may take in court, you will raise the brow of the audience, the judge and prosecutor-and elicit a few chuckles. And you trying to plea bargain with the prosecutor about a violation committed while riding a bike, while wearing cycling gear--that's ironic.


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## AlanE (Jan 22, 2002)

Ping - just curious, what would happen if you get pulled over while riding your bike but don't have your drivers license with you? Are the police going to track down your license and apply the ticket to it?


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## TeamCholent (Apr 20, 2005)

According to Tranportation Alternatives "Biking Rules" a cyclist would have to pay the fine, but avoid the surcharges which must be noted to DMV. Additionally the cyclist would not receive points on their license. 

http://bikingrules.org/letter/325

Additionally the following NYC lawyers specialize in cyclist injury cases and "may" be able to assist you 
*

Robert S. Fader
1-800-796-5657
[email protected]
*

Gideon Orion Oliver
646-263-3495
[email protected]
*

David Rankin & Mark Taylor, Attorneys at Law
212-226-4507
[email protected]
*

Barton Slavin
212-233-1010
[email protected]
*

Adam D. White
212-577-9710
[email protected]

Good luck, let us know how this turns out


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## ping771 (Apr 10, 2006)

AlanE said:


> Ping - just curious, what would happen if you get pulled over while riding your bike but don't have your drivers license with you? Are the police going to track down your license and apply the ticket to it?


That--I'm not sure. They could do that, they would ask you for your name and address,and issue a ticket that way. They may ask you to produce any other piece of id, like credit or atm card, to confirm that the name you're giving them is actually you.


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## TeamCholent (Apr 20, 2005)

*Having NO ID, what happens?*

The officer could believe you or go to the computer with some info and verify who you are.
SS #
Tel Number
Call someone to vouch for you

OR
Take you in, until they can prove who you are. There are plenty of people without drivers licenses who roam our country. However, the police do have the right to verify (and will) take their time to make sure what you say is true.


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## Uprwstsdr (Jul 17, 2002)

I have had tickets significantly reduced by showing up to court at the appointed date, even without an attorney. I strongly recommend it.


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## BadBoyNY (Jun 25, 2010)

"Yes, it makes a difference even if you don't own a car, because on the next violation, if that violation brings you to 6 points (the first 3 from this incident) (within an 18 month period) you will have to pay an additional $300 assessment for the first 3 years,'

..this is a real bummer by the way, they fine you ,give you points and then you get that extra fee to pay.


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## chocy (Feb 4, 2009)

OK update. 

I showed up at the court. It was a 5 hour ordeal going back and forth.
South Nyack court is on top of their Fire department. It is one weird place. There were no formal sign to the building just a small note at the door of the fire department. And people started lining up and they opened the door at 6. It was a really weird place. That cop who ticketed me was was there acting as a DA!! He was doing the "deals" so I had no room to deny any of it and in the end he gave me a "parking ticket" for $50 so I just took it. But I feel like he just played me for my money. Not to say that I didn't learn my lesson. 

Anyway just be careful and be aware in Nyack. Getting ticket there really $ucks


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## DrSmile (Jul 22, 2006)

All municipal courts exist to make money and they have little to do with justice. You got off easy!


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## BadBoyNY (Jun 25, 2010)

chocy said:


> OK update.
> 
> I showed up at the court. It was a 5 hour ordeal going back and forth.
> South Nyack court is on top of their Fire department. It is one weird place. There were no formal sign to the building just a small note at the door of the fire department. And people started lining up and they opened the door at 6. It was a really weird place. That cop who ticketed me was was there acting as a DA!! He was doing the "deals" so I had no room to deny any of it and in the end he gave me a "parking ticket" for $50 so I just took it. But I feel like he just played me for my money. Not to say that I didn't learn my lesson.
> ...


I know you are not happy about , but given the NY police approach to revenue generation all over the state, you got a bargain.


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## merckxman (Jan 23, 2002)

Five decades ago Nyack had signs that said, "Obey or pay" as you entered the town. Still the same.


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## Will Be Was (Jun 10, 2010)

When you are in Piermont, stop by Cornetas, they have fabulous seafood..


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## unnamedny (Aug 1, 2010)

ping771 said:


> Chocy,
> 
> I am a licensed attorney in NJ, but I am familiar with traffic laws in NJ, and to some extent NY. First, a bicycle rider riding on public roads, such as the one you were on, is subject to the duties and penalties as an auto driver. So you are treated no differently than a car driver who ran a stop sign under the law. .


Those laws get really confusing. I've received summons once for driving at the sidewalk in NY. I had to lose half of my work day and pay $50 fine. I don't get how can you treat cyclist the same ways as car driver. For examples, we can't even do the same left turn as car can.


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