New York Traffic Ticket Attorney | Hire a New York Speeding Ticket Lawyer
NY Traffic Ticket
In New York, traffic tickets are addressed by the local city, town or village criminal courts throughout most of the state. However, in some other cities such as New York City, Buffalo, Rochester, or the towns of Babylon, Brookhaven, Huntington, Islip, or Smithtown in Suffolk County, you will go through the Department of Motor Vehicles Traffic Violations Bureau (TVB). In these areas, your case will be heard by a DMV administrative law judge.
To avoid getting your license suspended as a result of NY traffic tickets, do not accumulate 11 or more points within 18 months to your driving record. Here is an overview of the New York DMV Point System:
· Speeding (1-10 MPH over posted limit): 3 points
· Speeding (11-20 MPH over posted limit): 4 points
· Speeding (21-30 MPH over posted limit): 6 points
· Speeding (31-40 MPH over posted limit): 8 points
· Speeding (more than 40 MPH over posted limit): 11 points
· Reckless driving: 5 points
· Failing to stop for a school bus: 5 points
· Following too closely (tailgating): 4 points
· Inadequate brakes: 4 points
· Inadequate brakes while driving an employer's vehicle: 2 points
· Failing to yield right-of-way: 3 points
· Violation involving a traffic signal, stop sign, or yield sign: 3 points
· Railroad-crossing violation: 3 points
· Improper passing, unsafe lane change, driving left of center, or driving in wrong direction: 3 points
· Leaving the scene of an incident involving property damage or injury to a domestic animal: 3 points
· Safety restraint violation involving a person under 16: 3 points
· Any other moving violation: 2 points
To avoid high insurance premiums as a result of accrued NY traffic tickets you can attend traffic ticket school. Additionally you may want to consult with an attorney regarding your traffic ticket matters as they may be able to get the penalties dismissed or reduced. A qualified traffic ticket attorney will help defend your rights and is familiar with the many technical legal issues that may help you in NY traffic court.
What Happens If I do not respond to a traffic ticket, pay a fine, or pay a mandatory surcharge?
If you get a traffic ticket in New York you must respond to the ticket to prevent a suspension of your driver’s license or driving privileges. The information on how to respond to the ticket is contained on the back of the ticket. However, if you do not respond to the ticket in a timely fashion as indicated on the ticket, penalties will occur.
The traffic court or Traffic Violations Bureau (TVB) notifies the DMV, who then suspends your driver’s license until you respond to the ticket by paying the fine, or paying the mandatory surcharge. If your license is suspended because you failed to respond to a ticket does not mean you are guilty of the charge, it only indicates that you failed to respond to the ticket in the time allotted to you. This may be a good point to consult with an attorney about your legal rights and options.
In order to remove the suspension, you must respond to the ticket and pay additional fines that you could have avoided had you paid the ticket on time. If you continue to disregard your ticket after you have received a suspended license for failure to respond to the ticket, you will receive a default conviction which is the equivalent of a guilty finding.
Any person, regardless of residency, who has license suspension for failure to respond to tickets imposed on at least 20 different dates may be convicted of “aggravated failure to answer tickets” of “failure to pay fines.” This is a misdemeanor punishable by a mandatory fine of at least $500, a mandatory surcharge, and/or imprisonment for up to 180 days. That person may be arrested even if not actually driving a motor vehicle when caught.
If you are caught driving whilst under a suspended or revoked license in New York you are charged with Aggravated Unlicensed Operation (AUO). There are three (3) degrees of AUO and each imposes its own varying charges or penalties. AUO- 3rd Degree is a misdemeanor that is punishable by a mandatory fine of $200-$500, a mandatory surcharge, and possible imprisonment. AUO-2nd Degree is a misdemeanor that (if license previously suspended within prior 18 months due to a AUO 3rd-Degree) is punishable by a minimum fine of $500, a mandatory surcharge, and mandatory imprisonment up to 180 days or probation. Otherwise the punishment includes a mandatory fine of $500-$1000, a mandatory surcharge, and mandatory imprisonment of 7 - 180 days or probation. AUO-1st Degree is a felony punishable by a mandatory fine of $500-$5000, mandatory imprisonment up to four years or probation, and possible seizure and forfeiture of the vehicle driven.
In some circumstances of license suspension, you may be eligible for a conditional or restricted license that allows you to drive in limited situations, such as to and from work. For more information about how you may be eligible, or for professional help defending your case, consult an attorney. An attorney may be able to assist you in getting your fines and penalties reduced, and your case dismissed.
Why it pays to fight a New York speeding ticket:
The best advice for avoiding NY speeding tickets—don’t speed. But if you do, and many of us are with increasing frequency, you should fight it. Even a $75 speeding ticket can cost you thousands once your insurer finds out about it. The tough reality is that given the poor economic state our country is in, many New York jurisdictions are utilizing their law enforcement agencies to serve as tax collectors, with badges. Take heed lead footers, you are the new revenue generators and the radar gun is aimed squarely at you.
In a recent study, California drivers with one speeding ticket in a three-year period had an average crash rate 50% higher than those with no infractions. The crash rate more than doubled for those who had two or more traffic tickets, according to the Highway Safety and Highway Loss Data Institute. What does this mean for drivers? It means insurance companies have justification to increase the rates of those drivers with speeding tickets, and significantly increase the rates of drivers that have multiple speeding tickets.
So here’s how this all ties in to why you should fight your NY speeding ticket. Getting speeding tickets means you will have points on your driving record that can cause your insurance rates to go up. Paying the New York Traffic Ticket fine immediately makes you guilty to the charge. Why pay the fine when you can have a traffic ticket lawyer fight for you and win your case and save you the long term charges of car insurance premiums? New York has one of the highest auto insurance rates in the country, getting an experienced attorney to fight your case can actually prevent you from spending more money.
In New York, speeding tickets are the most common types of traffic tickets issued by the state troopers who use radar. The number of state troopers in New York has significantly increased recently as a result of government budget requirements. Speeding ticket points range from three to eleven, enough for a driver’s license suspension from a single ticket. If you have reasons you feel you were not guilty, don’t expect the officer to agree with you. Consult a traffic attorney to see if you have a case.
Other reasons why you should hire an attorney to fight your NY speeding ticketTraffic Ticket Attorneys are also very proficient at finding errors in tickets that may cause the ticket to get dismissed. A professional NY traffic ticket attorney can find flaws in the authorities’ case that the untrained person may not see, saving you both time and money so that you can move along with your life.
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Palumbo & Associates, PC
New York State traffic ticket lawyer – former police officer