NYC's Top 10 Most Common Moving Violation Tickets: Defenses and Consequences

Introduction:

As a driver in New York City, you're likely familiar with the hustle and bustle of navigating its streets. However, even the most seasoned drivers can find themselves facing a moving violation ticket. In this guide, we'll explore the top 10 most common moving violations in NYC, potential defenses, and the consequences of each violation.

1. Speeding- Exceeding the posted speed limit for the area you are driving in.

- Consequence: Between 3 and 11 points on your license, hefty fines and assessments and increased insurance rates.

- Defense: Challenging the accuracy of speed-measuring devices, arguing possible emergency circumstances, or lack of sufficient signage indicating the speed limit.

2. Running a Red Light - Proceeding through an intersection when the traffic signal is red

- Consequence: Progressive fines starting at $278 all the way you to $1078 fines, 3 points on your license, potential license suspension.

- Defense: Proving a malfunctioning traffic signal, emergency circumstances, or mistaken identity.

3. Failure to Yield -

- Consequence: Fines, points on your license, increased insurance rates.

- Defense: Demonstrating that you did yield, lack of visibility, or possible unavoidable circumstances.

4. Improper Lane Change/Improper Turn-Changing lanes without signaling or when it is unsafe to do so, or turning form the wrong lane position.

- Consequence: Fines, points on your license, potential insurance rate increase.

- Defense: Showing that the lane change was necessary for safety, lack of proper signage, or mistaken identity.

5. Illegal U-Turn - Making a U-turn in a location where it is prohibited by signs or traffic laws including in business districts.

- Consequence: 2-3 Fines, points on your license, potential insurance rate increase.

- Defense: Lack of proper signage, demonstrating that the turn was necessary and safe.

6. Failure to Obey Traffic Signs or Devices - Disregarding instructions or warnings provided by traffic signs, signals or markings.

- Consequence: Fines, 2 points on your license, potential insurance rate increase.

- Defense: Lack of visibility or clarity of the sign, emergency circumstances.

7. Failure to Signal- Not using your turn signal when changing lanes or turning.

- Consequence: Fines, points on your license, potential insurance rate increase.

- Defense: Demonstrating that you did signal, lack of necessity due to traffic conditions.

8. Following Too Closely “Tailgating” - Driving too closely behind another vehicle, often referred to as "tailgating".

- Consequence: Fines, points on your license, potential insurance rate increase.

- Defense: Demonstrating a safe following distance, sudden braking by the vehicle in front, or unavoidable circumstances.

9. Distracted Driving (e.g., Cell Phone or Texting While Driving) - Operating a vehicle while engaging in activities that divert your attention away from driving.

- Consequence: Fines, 5 points on your license, potential insurance rate increase.

- Defense: Lack of evidence of distraction, emergency circumstances.

10. Failure to Stop for Pedestrians - Not yielding to pedestrians in crosswalks or at intersections when they have the right of way.

- Consequence: Fines, 2-3 points on your license, potential insurance rate increase.

- Defense: Demonstrating that you did stop, lack of visibility of pedestrians, emergency circumstances.

Conclusion:

Navigating the complexities of NYC's traffic laws can be challenging, but understanding your rights and potential defenses is crucial. If you're facing a moving violation ticket, it may be in your best interest to consult with a traffic ticket defense lawyer. They can help you understand your options, defend your case, and potentially mitigate the consequences. Don't hesitate to seek legal guidance and protect your driving record.