Well, it’s time to shake off the cobwebs and start posting again.

All is not lost if you have a speeding ticket in the Traffic Violations Bureau (TVB).  I just obtained a good result (relatively speaking) for a client at the Rochester TVB.  As I’ve posted before, at the TVB there is no opportunity to plea bargain a traffic matter.  You plead “not guilty” and proceed to a trial before an Administrative Law Judge (ALJ).  In the majority of cases, the officer appears and testifies about the facts of the stop and ticket.  Typically a finding of guilty to the original speed is issued by the ALJ.

However, the key to a possible reduction is the actual speed cited on the ticket.  For example, an 86/65 mph speeding ticket is a six point violation and will result in a NY DMV “Driver Assessment Fee” of an additional $100/year for three years.  BUT, an 85/65 is a four point violation without any DMV assessment.

For clients who fall within this type of speeding ticket - where a one to two mile-an-hour reduction will make a difference - I will cross-examine the officer on the margin of error for the device used to measure the speed.  This tactic has been successful at the Rochester TVB.

If you have a traffic matter in the TVB, contact me for a free consultation at 585-752-7523.

It is said that in Rochester, NY there are two seasons - Winter and construction.  With the construction season upon us, there are portions of our local expressway, 490, back under construction with the requisite lane reductions and orange cones.  The construction zones last for several miles.  Accordingly, the speed limit has been reduced to 45 mph from the normal 55 mph.

Clients have been calling with similar fact patterns.  They were issued speeding tickets in these construction zones by the NY State Troopers.  Not only are the fines doubled, but the cited speeds are high enough to trigger the mandatory NY Driver Assessment Fee.  However, because these violations occured within the City of Rochester, they will be heard in the NY DMV Traffic Violations Bureau (TVB). 

The TVB handles non-criminal moving violations in the cities of Buffalo and Rochester, the five boroughs of New York City, and portions of the Towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in Suffolk County.  The problem with the TVB is that it offers NO REDUCTIONS to traffic violations.  Clients must plead “guilty” or go to trial if they choose to plead “not guilty”.  “Not guilty” pleas must be mailed within 15 days of the recorded violation date.  On-line pleas are also accepted here.

Trials are heard in front of an Administrative Law Judge (ALJ) who has the authority to find the defendant guilty or not guilty of the offense, set a fine, and the ALJ can suspend or revoke a driver’s license when required by law or if the ALJ believes it is in the interest of public safety.  The evidence of guilt must rise to a “clear and convincing” standard.  The officer who wrote the ticket is required to appear and testify for a finding of guilt.  The defendant has the right to testify, produce witnesses, documentation and have an attorney present.

The bottom line here is to use extra caution and common sense when driving within construction zones.  If you are driving in an area that is subject to the TVB, use extra, extra caution.