New York City - great place to visit, dine, and shop. HORRIBLE PLACE to receive a traffic ticket. New York City traffic tickets present unique difficulties in defending. In New York City, you are NOT before a court of law. Rather, you are before the Department of Motor Vehicles tribunal.

The differences between a court of law and the DMV tribunal are...

Legal Presumptions

Court of Law: Presumed Innocent
DMV Tribunal: No Such Presumption

Burden of Proof

Court of Law: State must prove beyond a reasonable doubt
DMV Tribunal: "Clear and convincing" evidence standard

Right to demand further Statement from police

Court of Law: As of right, so long as timely demanded DMV Tribunal: No such right whatsoever

Pre-Trial Litigation / Preparation

Court of Law: Pre-trial hearings & motions to dismiss allowed
DMV Tribunal: No right to hearings or motion practice

Presentation of case

Court of Law: Prosecutor presents / judge neutral observer
DMV Tribunal: No prosecutor and eliciting the state's case is by hearing officer
 

For a detailed description of the benefits of retaining Attack That Ticket for all of your New York tickets, go to Tale of 2 Motorists or give us a call for a free phone evaluation and see for yourself whether it would be worth hiring us to Attack That Ticket for you.