In New York State, a traffic ticket can be an infraction, a violation, a misdemeanor criminal charge, and even felony charge in certain situations. Most traffic tickets issued by the police and troopers are infractions, however they can also be classified as misdemeanor charges and can lead to a criminal record if convicted. Misdemeanor tickets include tickets for driving with a suspended license, revoked registration, reckless driving, speed contest, and driving while intoxicated.
Traffic tickets are prosecuted differently throughout the state depending on the court where the ticket is returnable to. Traffic tickets issued in Brooklyn usually end up at one of the Brooklyn TVB’s. Plea bargaining is prohibited at the TVB’s, and therefore a most Brooklyn traffic tickets will end up proceeding to trial by the Brooklyn Traffic Lawyer. On the other hand, most courts outside of the five boroughs do allow for attorney’s to negotiate settlements such as in Nassau, Westchester, Dutchess County. Dutchess County traffic lawyers are generally successful in reducing Dutchess County traffic tickets down to 0 points on most of their traffic cases. Likewise, Westchester Traffic Lawyers are also often able to obtain 0 point resolutions on the Westchester County traffic ticket cases they handle.
There are a number of reasons why you should not just plead guilty to a traffic ticket.
If you accumulating 11 points or more within an 18 month period, ( 18 month period calculated by date of violation) your license will usually automatically be suspended.
While most moving traffic tickets carry points and a fine, convictions to certain traffic violations will lead to an automatic suspension or revocation of a driver’s license. A conviction for driving without insurance (VTL 319.1) in New York will automatically lead to a 1 year revocation of your driver’s license. You will also be required to pay a $750 civil penalty along with a fine and mandatory surcharge. Likewise convictions to 3 or more speeding tickets or 3 or more misdemeanor traffic convictions (or any combination of thereof), with dates of violations all within 18 months of each other, will lead to a 6 month revocation of your license.
In New York State there are a number of traffic offenses that are misdemeanor charges. A conviction to any of those traffic offenses will result in a criminal record. For example, if you are 19 years old or over, and plead guilty to driving with a suspended license (VTL 511.1) you will end up with a criminal record.
Below is a list of some traffic offenses that are misdemeanors. There are a number of other traffic charges not listed that are also misdemeanors. A conviction to any one of these would give you a criminal record unless you fall within the youthful offender provisions of law and are granted youthful offender status by the court.
Anyone convicted of Aggravated Unlicensed operation in the Second Degree (VTL 511.2a), will be required by law to either serve a certain amount of incarceration, or serve 3 years probation. A judge may also sentence you to both jail and probation. In addition there is a mandatory minimum fine of $500, plus a mandatory surcharge.
New York State DMV imposes a driver assessment fee for those who accumulate 6 or more points on their driving record within an 18 month period. The 18 month period is calculated by using the date of violations. While the conviction will trigger the assessment fee, it is the date of violation that is important in calculating the number of points accumulated during the 18 month window. A driver assessment fee will be imposed on all motorists who acquire the minimum point level including those who don’t even possess a New York State license and those with out of state licenses.
The driver assessment fee is in addition to any fines, surcharges and court fees imposed by the court, traffic and parking violations agency or traffic violations bureau. The New York State Driver assessment fee starts at $300 ($100 per year for 3 years) for 6 points. As the points increase so does the driver assessment fee. For every point over 6 points, the driver assessment fee increases $75 or $25 per year over a 3 year period. For example, an accumulation of 8 points, with dates of violation within an 18 month period carries a $450 driver assessment fee ($150 a year for 3 years). 11 points over an 18 month period carries a $675 driver assessment fee ($200 a year for 3 years). In New York State many speeding tickets issued carry 6, 8, or 11 points by themselves. Most motorist with 6 point speeding tickets, who mail in their tickets pleading guilty, are surprised when they receive a notice from DMV soon thereafter notifying them that they must pay this additional fee.
The average New York traffic attorney has handled thousands of traffic tickets. They are familiar with the nuances of each court that they practice in. They are in court everyday negotiating with the same prosecutors and the same judges and are familiar with the rules and policies of each of those courts While the ultimate resolution of your ticket will depend on a number of factors, the goal on every traffic ticket handled is for the client to receive the very best resolution possible. Whether your case involves getting a misdemeanor charge reduced to a noncriminal offense, or resolving a speeding ticket or other moving violation, you can count on New York Traffic Lawyers to fight for the best result possible. Please feel free to contact a traffic attorney in the county where the ticket is pending and they will let you know what you can expect the outcome of your case to be with their representation. There is no charge for the consultation.
NO ONE SHOULD EVER PLEAD GUILTY TO A TRAFFIC TICKET
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
Contact a New York Traffic Lawyer Today!
