Page 1 of 1

Received Traffic Ticket In Ny, Pleading For Lesser Charge

Posted: Thu Jan 03, 2013 10:55 pm
by buddhafest

Hi guys, tried searching for the proper topic area for this but can't find it.


So I have a traffic ticket in NY and have been in the process of trying to get it reduced to a lesser charge. Initial research suggested that it was possible to have traffic tickets reduced to parking tickets in NY courts.

Long story short, I received a ticket stating a charge of VTL Section 1110 (a) Failure to Obey a Traffic Control Device


I attempted to get this further reduced, because I was given the option to do this when I received a letter from the DA in NY. So why wouldn't I try right?


Anyway, I am now being offered from the Steuben County ADA the following charge.. VTL Section 1175 Obstructed Traffic at Intersection. If I accept this, it would be a max fine of $150, max 15 days in jail (unlikely I would go to jail for this), 2 points and mandatory $85 surcharge. I was told that the original charge 1110 (a) carries the same penalties as 1175.


What I would like advice on now is whether the new 1175 Charge is in fact a better offer. In terms of Insurance.. will the new 1175 charge be better than the other charge? I am told that Steuban County has a policy that will not reduce any traffic tickets below VTL Section 1175. So its either I accept this or accept the original ticket.


I don't know how these charges would appear on my driving abstract in Ontario. I just want to make sure I receive the smallest impact in terms of insurance. My record is clean and this is the first time I've had to go through something like this.


Any insight on this would be greatly appreciated, as my court date is Feb 13th.


Re: Received Traffic Ticket In Ny, Pleading For Lesser Charg

Posted: Fri Jan 04, 2013 1:01 am
by Stanton

New York is one of the two States that has a full reciprocal agreement with Ontario, so any conviction will appear on your Ontario abstract.


To the best of my knowledge, the MTO will try and match it to whatever most closely resembles the offence here in Ontario. I'm not familiar with New York laws, but it sounds like the deal you're being offered would be the same as a conviction for blocking an intersection here in Ontario, section 145(1) of the Highway Traffic Act. I don't believe this offence carries any demerit points in Ontario, and the MTO (not New York) will determine how many demerit points are applied to your Ontario licence.


Re: Received Traffic Ticket In Ny, Pleading For Lesser Charg

Posted: Fri Jan 04, 2013 10:28 am
by buddhafest

Thank you Stanton, your reply has helped shed some light for me.


What you said makes the most sense to me, with that being said, that leads me to think that a conviction for section 145(1) of the HTA would probably be considered a minor conviction for insurers. So it is unlikely to affect my premiums as much as say a speeding conviction, right?


Re: Received Traffic Ticket In Ny, Pleading For Lesser Charg

Posted: Fri Jan 04, 2013 10:42 am
by Stanton

Even a speeding conviction (up to 49 over) is typically considered a minor offence. In fact your initial charge (which sounds like a red light offence) would probably be considered minor. To be certain, its always best to confirm with your provider how they classify an offence, but it typically has to be pretty serious before it will have a major impact on your rates.


Again though, its really going to depend as to how Ontario "translates" your out of Province offence to a local one.