Just an update - I got in contact with a traffic lawyer who wants a flat fee of $750. His defense, along with some friends of mine who are in the law field (not traffic), is that I acted out of necessity to avoid an accident from occurring and I was not purposely doing the swerve out of recklessness. Thanks for the help everyone!

I don't think you need an attorney for $750. If this is your first offense, just go to the court date on the ticket, plead not guilty and talk to the DA, tell them what happened. I bet it will be reduced to something else with a fine, but don't blow the $750.

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You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist.

Thanks gresch for the advice. Will the DA be there because this is only a traffic violation and nothing criminal? I would think I can explain myself to the judge without a lawyer, but I'm still getting all my facts and reading up on the law currently. This is my offense, so I'm hoping for the best. I hope any points I get don't affect my insurance...... all this because I didn't want to injure a kid.

In my history of traffic violations, there has always been an ADA, prosecutor or someone there for you to talk to if you appear on the date that is listed on thet ticket. I would suggest you call the court and ask them if you show up on the date what the process is and if you can talk to someone about getting the ticket reduced. For a first offense, it is highly doubtbul you're goign to get creamed. Also, if you go to court on teh court date, and you can't speak to someone, just plead not guilty and leave, and then get the lawyer. There's no reason to blow the $750 up front, unless the lawyer is going to get the infraction 100% dismissed with no points and no fine.

Again, this is all based on my prior experience, I highly recommend that you call the court and ask.

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You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist.

Gresch, there is no court date - I have to answer the ticket within 15 days of the offense. However, my ticket has not shown up in the database yet. I think, after i answer the ticket, i can then set up the court date. Additionally, my friend is trying to put in touch with a traffic lawyer that will costs $175. The $750 lawyer is charging his fee ONLY on his service with no guarantees of any sort.

For $175, and you being a noob to the process, that might be the better way to go.

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You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist.

I'd go with the $175 rate. The only traffic violation i fought and lost was the one that i assumed i could easily explain without an attorney...it was for driving with a clear-acrylic license plate cover. The ticketing officer assumed it was the type designed to block traffic & toll cameras. After proving that it wasn't with a variety of evidence, including the original receipt, i still lost.

There seems to be many gray areas within NYC traffic laws that traffic attorneys are well-versed in. Not sure what type of points your violation carries but i say fight it with the help of an attorney.

Oh wow. From what I hear from my friends, it seems the law in nyc is a toss-up, depending on who the judge/cop is....

It is amazing how careless kids can be. I recall back in high school, one of my teachers died in a very similar situation. The car in front of her stopped short because a man was backing out of his driveway. My teacher swerved into the other lane and was hit head on by a box truck. It is a shame because she had a two year old son.

As far as your situation, I would fight as hard as you can just on principle alone.

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Michael

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