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SPEEDING TICKET IN NY? Click here |
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So you got a ticket. Well, you have come to the right place! You might be asking yourself why you were ticketed while everyone else was going the same speed. You might believe you were going much slower than the Trooper said you were going. Maybe your car can't even go that fast, or you saw no work in the area, yet you got a ticket for speeding through a construction zone anyway. While these are all valid points - they may fall upon deaf ears unless they are properly presented to the police officer and/or prosecutor, and the court. The fact is that each of us has probably experienced at least one of the above during our lifetime. That is why I am so passionate about defending vehicular offenses, particularly, speeding tickets and DWI charges. I have prosecuted and defended traffic tickets and have an excellent track record doing both. Now, I can use all of my 17 years of experience to represent you and fight your New York traffic ticket. In deciding whether to hire my firm to defend your speeding ticket, red light ticket, improper lane change, or some other variety of traffic ticket, you should consider the following general NY traffic ticket information: Q. How many points am I facing for my ticket(s)?
A. The following is a point chart for commonly charged vehicle and traffic offenses in New York:
TRAFFIC OFFENSE POINTS 01 to 10 mph over the limit = 3 points 11 to 20 4 points 21 to 30 6 points 31 to 40 8 points More than 40 11 points
Q. How many points do I get on my license before it is suspended or revoked? A. The "point system" is a method which the New York State Department of Motor Vehicles uses to assess a relative value to offenses, and to punish a license-holder for repetitive behavior; e.g., speeding. Among other penalties, a motorist will have their New York license (or, "privilege," to drive in New York if out-of-state motorist) if they are convicted of 11 or more points within an 18 month period (running from the date of issuance of the ticket). A motorist’s license shall be revoked if they are convicted of 3 or more speeding offenses (or misdemeanor offenses) within an 18 month period. Q. What monetary penalties do I face if convicted? A. The customary fines and sur-charges concomitant with a speeding ticket conviction (VTL 1180(a) et seq.) range from $45 to $600 for a first-time speeding offense (and sur-charges of $50 - $55). Of course, the fines climb significantly (up to $1,575) if the motorist has one or more speeding convictions within the preceeding eighteen months. In addition, a new penalty will be imposed by NYS DMV called the New York Driver Assessment once six points are accumulated on a motorist's record (even if the motorist took the driver safety course). Also, bear in mind that each traffic ticket may cause your insurance premiums to increase dramatically, or even be canceled. Q. What is the New York Driver Assessment? Under the New York Driver Assessment Program, this new assessment is penalty a motorist must pay to the NYS DMV $100 (plus, $25 annually for 3 years for each additional point) to $250 annually for three years if a motorist: a. incurs 6 or more points on their driving record; or b. refused to take a chemical breath test; or c. is convicted of an alcohol-related traffic violation, or d. is convicted of a drug-related traffic violation. Q. What does the prosecution have to prove to convict me of speeding?
A. There are five elements in a speeding case. They are: 1. Identification, 2. Operation, 3. Vehicle, 4. Jurisdiction, and 5. the Specific speed. The People are required to prove all of the above elements by proof beyond a reasonable doubt. The failure to establish any one or more of the above elements requires a dismissal of the charge. However, in the local justice courts where pressure for expedited justice is sometimes meted out from the bench, it takes a thorough knowledge of the law and procedure to protect a defendant's rights. Q. Do I have to appear in court if I hire an attorney to represent me? Generally no. The client does not need to appear if he or she signs a proper authorization. In that case, the attorney "steps into the shoes" of the motorist and can take any action the defendant could, including trying the case or pleading to a reduced charge. However, there are some judges in Westchester County whol require a defendant to appear personally with counsel on speeds exceeding 100 miles per hour. Therefore. in most cases you can avoid spending hours in court (sometimes an entire day) by having your attorney appear on your behalf. Some might say this fact alone "is worth the price of admission." So do you "feel lucky" today? Consider that each of us are presented only with the narrowist of opportunities to optimize the result in your case. The defense of a traffic ticket or DWI is not unlike a minefield or a chess game. If one decides after viewing all the possible consequences to hire an attorney, it is prudent to do so as early as possible since there are time constraints on some procedural safeguards available to a defendant. |
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