My client was arrested while he sleeping in his van which was parked in a restaurant parking lot. To make a short story long, the cop didn't actually see my client operate the motor vehicle. We had hearings, and we won and the DWI was dismissed.
Â§ 1175. Obstructing traffic at intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn unless there is adequate space on the opposite side of the intersection to accommodate the vehicle he is driving notwithstanding the indication of a traffic control signal which would permit him to proceed.
In most speeding ticket and traffic violation cases in Erie County Justice Courts, you need not attend the court appearance at all. Exceptions are with criminal charges in Erie County, such as Drunk Driving VTL 1192, Reckless Driving VTL 1212, Driving while ability impaired 1192.2, Aggravated Unlicensed Driver VTL 511, Suspended Registration VTL 512, and some Log Book Violations, just to name a few; in regards to the aforementioned criminal violations, in general you must show up in person to answer the charges. In cases, if for example you live several hundred miles away from the court and you hire an attorney, you may be able to avoid appearing in person to answer a criminal charge.Anyhow, getting back to the subject of traffic tickets in Erie County New York, the most popular courts in that county are in and around Highway 17 and the New York Thruway, such as Elma Town Court. Thankfully, the American Legal system has something called plea bargaining.
A plea bargain in
Elma Town Court (also plea agreement, plea deal or copping a
plea) is an agreement in a criminal or traffic ticket
case whereby the prosecutor offers the defendant the
opportunity to plead guilty, usually to a lesser charge
or to the original criminal charge with a recommendation
of a lighter than the maximum sentence, lesser fines and
less or no points.
A plea bargain allows defendants in traffic ticket and criminal cases to avoid the risk of conviction at trial on the original more serious charge, points, fines, surcharges, suspension and even jail time. For example, a defendant in an Erie County traffic court charged with a 6 point speeding ticket, and the prosecutor may let the motorist plead to a 2 point (or a no point violation sometimes, and if you have me, more often than not in many cases in Erie County) violation which has less implications for insurance and fines, etc.
In cases such as a automobile
collision when there is a potential for civil liability
against the defendant, the defendant may agree to plead no
contest or "guilty with a civil reservation", which
essentially is a guilty plea without admitting civil
liability. This is really more applicable in New
Plea bargaining can present a dilemma to some defense attorneys (but not for me), in that they must choose between vigorously seeking a good deal for their present client, or maintaining a good relationship with the prosecutor, for the sake of helping future clients. However, for me, I only care about one person in this equation: YOU, the client! I want you to be happy, to write me a testimonial (see my testimonials here: Elma Town CourtTicket Defense Testimonials)
There is an expression I use from the "old country": "Don't be right, be smart!" Sometimes people insist that they are not guilty and they want to have a trial. I tell them that they might be right, but who is the judge going to believe, the cop or the motorist? Usually it does not pay to have a trial which is risky and likely in traffic courts to end in conviction. Rather, I usually plea bargain the cases to get the points and fines reduced or eliminated.
Of course, I cannot guarantee the results, that would be unethical for me as an attorney. But I can guarantee that if you hire me, you will get one of the most aggressive traffic and criminal defense attorneys in Erie County, New York!
The process works like this:
Once you hire me, and provide a copy of the ticket(s) in
Elma Town Court, I usually can contact the court and handle
all the details through email. You don't need to
show up to court in most cases in Erie County
traffic ticket cases, and you don't even have to show up
to my office. After I resolve the matter, I email
you the payment instructions if there is money to be paid,
and that is it, you are on your merry way! I make
the process as painless as possible, and have done so for
more than 20,000 tickets as of January 2018.
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