Ticket for Dangerous Driving
This is a traffic ticket that is rarely issued. A ticket for Dangerous Driving can only be issued in New York City. This is because it is only codified in the New York City Traffic Rules and Regulations (NYCTRR), which only applies to five boroughs. It is not codified in Vehicle & Traffic Law (VTL), which would apply to the rest of the state.
The wording of the relevant statute is as follows:
No person shall operate a vehicle in a manner that will endanger any person or property.
If you plead guilty or are found guilty of this violation, two points will be added to your driving record. The fine is $138. Insurance companies will likely increase their premiums for clients with this violation on their record.
Often, this ticket is issued along with another ticket. Some motorists plead guilty to one ticket while pleading not guilty to the other ticket. This is a mistake. For several reasons, if you are fighting one ticket you should fight both tickets.
Fighting a Traffic Ticket in New York City
Traffic tickets in the five boroughs of New York City are handled differently than traffic tickets in the rest of the state. New York City tickets are not made answerable to a town or village court. Rather they are adjudicated before Administrative Law Judges in the New York City Traffic Violations Bureau (TVB). The TVB is an administrative agency of the New York State Department of Motor Vehicles (DMV). There are 8 TVB locations in the five boros, two in Manhattan, two in Brooklyn, two in Queens, one in Staten Island, and one in The Bronx.
There are important differences between regular traffic court and the TVB. Most importantly, in the TVB there are few discovery rights. Another difference is that there is no plea bargaining in the TVB. If you plead Not Guilty to a ticket, the TVB will schedule a trial/hearing. The police officer that issued the ticket will appear and testify before an Administrative Law Judge. The police officer cannot negotiate the ticket and will not have a conversation with you off the record. The judge cannot modify the charge, cannot reduce or waive the points, cannot consider your prior driving record in connection with a determination of guilt.
For the above reasons, fighting a traffic ticket in the TVB can be challenging. Showing up and simply claiming that the officer is lying or mistaken rarely helps. Your defense or narrative will generally not be accepted unless it is backed by good evidence or an uninvolved witness.
An attorney gives you a better chance at beating the ticket. An additional benefit of retaining an attorney is that you will not have to appear personally in court. There is no benefit to appearing personally in court unless you are presenting a provable defense. Your attorney can fight the ticket in your place.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a law firm that practices Traffic Law. We opened in 2011. Since then, we have been dedicated to traffic ticket defense and have many hundreds of motorists in the TVB. We will be glad to take on your case.
Should you retain our firm, the attorney assigned to your case will have many years of experience fighting tickets in the TVB. They would have handled many Dangerous Driving tickets just like yours. Our lawyers utilize all possible procedural tactics to improve the chances of obtaining a Not Guilty verdict or Dismissal. The efforts of our firm are reflected in the hundreds of five-star testimonials written by former clients.
The Benjamin Goldman Law Office offers motorists a free 10-minute consultation. You can contact us at your convenience to discuss the charges and the circumstances leading up to the issuance of the ticket. We can be reached by phone call, text message, and email. Our team is looking forward to helping with your case.