Traffic Law

Below are the answers to some frequently asked traffic law questions.

 

Why should I fight my traffic ticket?

You should fight your traffic ticket to avoid points on your license, fines and surcharges, to keep your insurance rates down, and to preserve your privilege to drive. You should also fight your traffic ticket to save or reduce the extra fee imposed by New York DMV for drivers with 6 or more points. 

 

Should I fight my traffic ticket if I really am guilty?

Yes. You should always fight your ticket because the People must prove their case against you. The People bear the burden of proof, not you. Cases are won because the People cannot meet their burden, proof beyond a reasonable doubt. However, most times I can work out a favorable settlement of your traffic ticket. Of course, I can’t guarantee results, but the only way to obtain a more favorable result is to put up a fight.

 

How can a New York traffic lawyer help?

As a traffic lawyer, I understand the proof required of the People, I appear regularly in many of the local town and village justice courts and understand their practices, tendencies and nuances, and appreciate the types of defenses worth advancing. I conscientiously and consistently work to achieve the best result possible for you.

 

Why should I hire you?

I do my very best to ensure that the process of fighting your traffic ticket is as easy and stress-free as possible.  I will patiently explain everything in plain English, promptly respond to questions, follow through with my commitment to achieve the best result, and will be honest and straight forward with you.

 

Do I have to appear in court if I hire you?

Not necessarily. Most of the time, I can fight your traffic ticket without your appearance, so that you don’t have to take time from your busy schedule. My goal is to make fighting your traffic ticket as easy and stress-free as possible.

 

How do you communicate with clients?

As a sole practitioner accessibility is an important element of my practice. I am accessible either over the phone or through email and will promptly provide you with updates about the status of your case. 

 

Why shouldn’t I just plead guilty?

You should not plead guilty so that you can avoid as many of the negative consequences of a traffic ticket as possible, such as points, fines and surcharges, increases in your insurance rates, and possible loss of your privilege to drive. You also should not plead guilty to save or reduce the extra fee imposed by New York DMV for drivers with 6 or more points.

 

What if I don’t answer my traffic ticket?

Your license will be suspended and possibly found guilty by default.  Additionally, a $70 suspension termination fee (also known as a scofflaw fee) will be imposed which must be paid (in addition to any fine or surcharge) in order to restore your driving privileges. Note: If you are stopped while your license is suspended it can lead to you being charged with the misdemeanor, Aggravated Unlicensed Operation. Also, even one suspension on your record can adversely affect your automobile insurance premiums.

 

Will a trial be required?

Most courts allow for plea bargaining or deals, and in these courts we usually can arrange a great deal for our clients.  Regardless of the court the client usually does not have to appear in court with me. 

 

How long do the points last on my record?

Points last for 18 months from the date of offense. But insurance companies can use a conviction to raise your rates for up to 36 months from the date of conviction.

 

How can I reduce my points?

To reduce the number of points on your license take a New York Driver Safety Course.  These courses are now offered both in-person and online. After you complete this program, you will get 4 points off of your driving record and get a 10% savings on your automobile insurance. Point reduction applies only to points currently on your license. 

 

How often can I take the New York State Driver Safety Course?

Once every 18 months.  Whether you take it online or in-person anywhere else, you can take this class only once every 18 months.

 

Do points or convictions transfer from other states?

An out-of-state conviction will be reported to New York and can be used by your insurance company in determining your insurance rates.  Out-of-state suspensions and revocations, as well as alcohol and drug-related driving convictions, do transfer to your New York license.

 

Will a New York conviction transfer to my out-of-state license?

Each state has different laws about whether (and to what extent) a New York conviction affects your out-of-state license.

 

Can you help professional drivers?

Definitely. It is important to note that traffic tickets issued while driving a private car can adversely affect a CDL license.

 

What is the Driver Responsibility Assessment Program?

Beginning November 2004, DMV penalizes drivers for three years when they accumulate 6 or more points within an 18 month period or are convicted of an alcohol or drug related offense. The defensive driving class will not avoid the Driver Responsibility Assessment Program.

 

What is the Driver Responsibility Assessment Program penalty?

Motorists with an alcohol or drug-related offense must pay $250/year for three years, and motorists with 6 (or more) points within 18 months must pay $100/year for three years for 6 points plus $25/year for three years for each additional point. 

 

Do I have to pay the Driver Responsibility Assessment Program penalty even if I am an out-of-state license holder?

Yes, all motorists, regardless of where you are licensed, are required to pay the penalty.  A suspension will be issued if the penalty is not paid which your host state will usually honor.