Traffic Ticket Defense
Monticello Traffic Ticket Lawyer
Many people go through the unnerving experience of being pulled over on the roadway by a police officer. It may seem like a relatively minor inconvenience – you’ll just pay the ticket and get on with your life. The vast majority of those charged with speeding do just that and later realize that their car insurance rates increased.
Speeding is the most common traffic violation, but there are a multitude of other ways to receive a ticket or moving violation when behind the wheel. You might not have a valid license, you may have rolled through a stop sign, or mistakenly drove through a red light. In more serious cases, you might have driven recklessly or been under the influence of drugs or alcohol. To determine what type of defense you might need, you need to speak with a New York moving violation lawyer.
New York Speeding Laws
A speeding offense in New York is actually not as cut-and-dry as you might believe it to be. The state has two different kinds of speed limits: “presumed” and “absolute.” An absolute speed limit is what the name implies. – if you’re going 56 mph in a 55-mph zone, you are speeding absolutely, in the eyes of the law.
Under presumed speed laws, whether you were actually going over the limit isn’t as black and white. It may be permissible to drive over the legal limit if you’re not endangering yourself or others because no one else is on the road at the time. You’re presumed to be speeding if you’re driving over the limit, however, if you go to court, you can attempt to prove that you were driving safely, regardless of the speed at which you were traveling. A traffic ticket attorney in New York can argue that you weren’t at risk of colliding with anyone.
By the same token, you may be going 55 mph in a 55-mph zone, but on icy roads. A police officer can charge you with speeding because you were going too fast for road conditions. These rules often come into play when no speed limit is clearly posted, on backroads or in other areas where speed limit signs are few and far between. Since these laws can be confusing, it’s a good idea to consult with a New York Moving Violations Lawyer immediately, to explore the nature of the circumstances surrounding your violation, and proceed effectively in providing your defense.
Defenses to New York Moving Violations
If the ticketing officer fails to show up in court, you’re off the hook, as the court typically can’t proceed with the charges against you. Rumor has it that this happens quite a lot, but, in fact, police officers usually do appear in court to testify. You won’t want to risk going to court on your own, hoping for luck to fall your way, particularly if you have a viable defense. You’ll need the help of a New York Traffic Violations Attorney to argue your case or to negotiate it down to a lesser charge. Having the charge reduced or dismissed can translate into fewer penalties for you.
Sometimes you might feel justified in driving over the speed limit, in a reckless manner, or without a license — but this doesn’t negate the illegal nature of doing so. In any case, you need a Traffic Violations Lawyer in New York who can help you build a case.
Call Now for Your Free Consultation
A number of ways exist for defense against traffic violations, but implementing them requires professional help. NYS speeding fines can be steep. Highly experienced, Scott Russell Law can handle any legal matter for you. If you’re ticketed, call us for a free consultation. Most traffic violations can be resolved with only one court appearance. If your case can be resolved in a single appearance, we’ll charge you a flat $400 — a lot less than all those increased insurance premiums. Reach out to us for help today at 845-741-3331.