The Penalties For Traffic Offenses In New York

What Are The Penalties For Traffic Offenses In New York?

Speeding tickets are the main source of traffic violations in New York. Depending on how far over the speed limit you were driving will vary the severity of the penalties you will face. In fact, some speeding tickets can even result in a license suspension.

Getting ticketed for driving 1 to 10 mph over the speed limit is a 3-point infraction. 11 to 20 mph over the speed limit is a 4-point infraction. 21 to 30 mph over the speed limit is a 6-point infraction. 31 to 40 mph over the speed limit is an 8-point infraction.

The most serious penalty is 11 points added to your license, which is for driving more than 40 miles per hour over the speed limit. This would result in a suspension of your license.

In addition to that, reckless driving is a common infraction that carries a penalty of 5 points. Failing to stop for a school bus is also 5 points. Following too closely or tailgating is 4 points. Believe it or not, even being cited for inadequate breaking is also 4 points.

Accumulating 6 Points Within 18 Months Can Entail A $300 Assessment From The Department Of Motor Vehicles

Other traffic violations usually result in two or three points against your license. What you have to be most concerned about is if you accumulate 6 points within an 18-month period, as this will make you subject to a $300 assessment from the Department of Motor Vehicles.

If you’re in danger of accumulating 6 points, it may very well be worth it to obtain an attorney’s services. This is because the fine outweighs what you would have to pay the attorney.

Further, the accumulation of 11 points in 18 months results in a suspension of your license. In order to have your license reinstated after a suspension, you will have to get in touch with a Traffic Violations Attorney in White Plains, NY.

A White Plains, NY Traffic Violations Attorney May Be Able to Negotiate A Plea For a Lower Level Offense That Will Not Add Points To Your License

Clients often wonder, “Is it possible to reduce the number of points on my license? If so, how long does it take?” The truth is, it depends on the facts of your case…

Once I have the ticket and I appear in court I speak to the prosecutor, (or the police officer), about the facts of the case.

We talk about everything that I know from experience that the town prosecutor might be interested in knowing. Then we talk about resolving the case in a manner that is satisfactory both to what I think is a good disposition and what the client is willing to accept.

If the prosecutor offers that reduction we are seeking then I appear before a judge. There, I enter my client’s plea of guilty to that reduction and I talk to the judge about the amount of the fine imposed.

The Reduced Offense Must Be Approved By The Judge

Most of the fines are imposed by a schedule that really doesn’t allow much variation. Basically, the judges are there to approve the plea bargain reached between myself and the prosecutor (or to disprove it). As a result, the judge must go by the schedule of fines once the reduced offense is approved.

Because Each Judge has Different Policies, Some Judges Will Only Agree To A Reduction Of The Speeding Ticket

There are certain judges who, for one reason or another, have a policy by which they will not accept a reduction of a speeding ticket to something other than a lesser speeding ticket. This is pretty unfortunate.

As an example, consider you’re charged with a speeding ticket which is relatively low, 15 miles over the speed limit. (Fifteen would be a 4-point violation.) Depending on the judge, all I may be able to do is get it reduced from 4 points to a lesser 3-point speed violation. In that case, it is probably not worth it to hire my services. I would discuss that with you beforehand, knowing the policies of each individual court.

On the other hand, if I was going to a court where I know I could obtain a reduction to the equivalent of a parking violation, (which is an offense with no points and one that would not even be recorded on your license), I think it would be worth it for an individual to consider retaining my services.

The Truth About Traffic School

The majority of people believe that once they receive a traffic ticket, they should immediately sign up for a driver’s safety course to mitigate or eliminate points on their license. While it is true that going to traffic school can reduce points for a current violation, it is untrue that all of the points on a driver’s license can be eliminated entirely. If you already have points on your license, going to traffic school will not eliminate all of the points that you have acquired.

Moreover, before heading off to a driver’s safety course, hiring an attorney beforehand can prove to be much more beneficial. Depending on your specific circumstance, your attorney can get the penalties and points reduced – or even eliminated – by getting the infraction dropped from a speeding violation to a White Plains parking violation.

If you are about to have 11 or more points on your license, getting the traffic violation reduced to a White Plains parking violation can help you avoid a license suspension.

A traffic safety course only credits 4 points, so it is important to note that if you have over 4 points, the rest of the points that you have on your driver’s license will remain on your driving record. This means that insurance companies can still see the number of points and violations on your driving record. As a result, your insurance premium and rate will most likely go up substantially.

Also, drivers are only able to take a driver’s safety course once every 18 months. In other words, if you obtain multiple traffic violations or speeding tickets within 18 months, you will only be able to go to traffic school to reduce points once within those 18 months. Acquiring multiple traffic tickets or speeding violations will only add to the points on your driver’s license.

Therefore, going to a driver’s safety course to reduce points may not help you that much, if at all, depending on your situation. Hiring an attorney to get your traffic violation reduced to a White Plains parking violation is a much better alternative. By having your traffic violation reduced to a parking violation, you can avoid any additional points on your driver’s license, and stop your license from getting suspended.

The Pros And Cons Of Traffic School

Even though not all circumstances benefit from attending a traffic safety course, it is not to say that traffic safety courses are unnecessary. In many cases, traffic safety courses are helpful – especially if you don’t have any or many points on your license.

However, some drivers can benefit from fighting their tickets while also completing a driver’s safety course. For instance, by fighting your ticket, you can possibly eliminate some or all of your points before they go on your driving record. If you still have some remaining points, going to traffic school can help prevent license suspension by obtaining a credit of 4 points.

If you decide to plead guilty to your traffic violation and still go to traffic school, it is important to remember that the violation and the points will remain on your driving record.

No matter the type of penalties you are facing for traffic offenses, make sure to contact the White Plains, NY Traffic Violations Lawyers at our office to discuss your case.

The Most Common Traffic Violations In White Plains, New York & Why You Need A Traffic Ticket Attorney

At one point in most people’s lives, they will receive some type of traffic ticket. Even the most careful and cautious of drivers sometimes inadvertently end up going over the speed limit or driving with a burned-out taillight.

In the state of New York, the NYPD is the biggest distributor of traffic tickets, followed by the Suffolk County Police Department and the Nassau County Police Department. Many drivers who travel on I-81 end up receiving traffic tickets, including Canadians who are traveling through the United States.

Traffic tickets are usually treated as a very minor inconvenience. However, traffic tickets can actually be much more serious than that and warrant the assistance of a trained traffic ticket attorney.

You might end up facing financial hardship issues when attempting to cover the high cost of your traffic tickets. There is also always a possibility that your insurance rates will sharply rise once you get a ticket. What’s more, many insurance providers consider the recipients of traffic tickets as a risk to insure, since they have shown that they have poor driving tendencies.

If you are able to get your driving privileges back, you will then have to pay a hefty license reinstatement fee. While your license is suspended, you will most likely be reduced to relying upon alternative methods such as walking, getting rides from friends or family members, or public transportation in order to get where you need to be. This can take up a substantial amount of time and money.

Failure to obey a traffic signal is also a very common offense. Many people do not realize that this offense includes failing to obey a yield or stop sign. A ticket for this type of simple traffic infraction usually carries a fine and can even result in two points being added to your driver’s license. If the traffic signal or sign that the driver violated was a one-way sign that can carry more than just two points.

You should also know that for some traffic offenses, jail time is not out of the question – but neither is it out of the question to consult a traffic ticket attorney. Just as with a criminal charge, your traffic ticket attorney can negotiate to have your charge and consequences reduced. Some of the most common minor offenses in the state result in fines without points being added to the driver’s record.

Some examples of more of the most common traffic violations in White Plains, New York include:

• Driving in the wrong direction for the lane
• Failure to yield the right of way
• Failure to signal before turning
• Failure to move lanes
• Failure to stop for a school bus
• Following too closely for conditions
• Improper lane change
• Railroad crossing violation
• Reckless driving