Common Misconceptions about the Consequences of Traffic Violations

Interviewer: What we’re talking about today is traffic laws. What are the most common types of traffic offenses that you represent people for as a Traffic Violations Attorney in White Plains, NY?

Michael Kramer: Typical moving violations in New York are speeding violations, following too closely violations, wrong turn violations, and improper passing. Also common is leaving the scene of an accident after causing property damage or personal injury.

Interviewer: What are the top misconceptions that people have about traffic offenses?

Michael Kramer: Most people don’t feel much can be done on these types of tickets so they don’t consult an attorney, they don’t feel it’s worth the expense. On the other hand I would argue that it is well worth the expense. This is especially true in terms of the recent assessments levied by the Department of Motor Vehicles for point totals that accumulate on drivers’ licenses. The result of point totals include increased insurance rates, so retaining an attorney is crucial not only to your peace of mind but in trying to keep your license clean.

The Potential Cost of Higher Insurance Premiums Will Exceed the Cost of Retaining an Attorney to Keep Your Driving Record Free of Points

In comparison, the expense of an attorney, at least my fees as a White Plains, NY Traffic Violations Attorney which are extremely reasonable in this area, are relatively minor when compared to the consequences which can cost much more.

It Is Advisable to Avoid Making Incriminating Statements to the Police during a Stop for a Traffic Infraction

Interviewer: What are some of the most common ways that clients that you work with unintentionally incriminate themselves?

Michael Kramer: If we’re talking about a traffic matter, most people have a tendency to incriminate themselves when stopped by a police officer and approached by the police officer. And the police officer asks the usual questions, “You know why I stopped you?” Most people at that point would have a tendency to make admissions that could hurt their case.

Let the Police Officer Tell You the Reason for the Stop

That is if they say to the officer, “Well, I guess, you stopped me because I was speeding.” Or, “I’m sorry; I didn’t realize I was speeding.” Or, “I know I shouldn’t have turned there,” etc. My advice would be, when asked that age old question is to respond to the officer that no, you don’t know why he stopped you. Let the officer indicate the reason. Don’t make any statements with regard whether you feel you committed the violation or not.

The Police Are Trained to Ask Questions That Elicit Admissions

Interviewer: What’s the psychology behind that? Why do they ask the question in that manner? Do you know how fast you were going? Do you know why I stopped you?

Michael Kramer: Because they’re trying to get admissions and incriminating statements from a motorist. If they are successful, this would make their job much easier should the motorist decide to contest the matter. As a matter of course, it’s common sense if you were a police officer that there is always the possibility that this particular ticket you’re about to issue would be contested in the future.

You would want to make your job as easy as possible. If you gained an admission from a motorist that, “Yes, I was speeding but I didn’t think I was going that fast.” Or something to that effect, it makes your job that much more easier.

If You Admit You Were Speeding But Dispute How Fast You Were Driving, It Can Still Be Construed as an Admission, Which Can Make It Difficult to Contest the Ticket Later on

Interviewer: Yes, if you are asked any questions along the lines of, “Do you know how fast you’re going?” You say, “No. I don’t know.” What happens at that point? What do they ask you?

Michael Kramer: Then the officer will say, “Well, you were going x miles over the speed limit.” Then you, I would suggest, would be better off if you don’t respond to that. Or, if you’d like, you can say, “Officer, I don’t believe that’s correct.”

But I would not say, “Well, officer I was speeding but I wasn’t going that fast.” This is because that’s still an admission.

Interviewer: Could you say something along the lines of, “Oh, I didn’t know that.”

It Is Very Unlikely You Can Talk Your Way Out of Receiving a Ticket

Michael Kramer: That would be ideal. You can say that, I didn’t know that, I didn’t realize that. I don’t think I was doing that. The last thing you’d probably want to say is, “Officer, can you give me a break?”

Interviewer: Why is that?

Michael Kramer: Because that is an implicit admission you were doing something wrong.

For more questions related to common misconceptions about the consequences of traffic violations, call our office to talk with our White Plains, NY Traffic Violations Lawyers.