Moving Violations                                      

Some times getting a traffic ticket isn't a big deal.  You sign the back, pay a fine and it's over with.  However, all too often the guilty plea and fine are only the beginning of a costly experience.  If the ticket was for a "moving violation" such as speeding, failure to obey a traffic signal or sign, failing to maintain lane, etc., the guilty plea is reported to the NYS Department of Motor Vehicles where it becomes part of a driver's record.  Each violation has a statutorily prescribed "point" value that stays on a driver's record for three years.  Speeding tickets have a minimum "point" value of 3 and a potential maximum of 11.  If a driver's point total reaches 12 or more points a mandatory "license suspension hearing" will take place, which may result in driving privileges being suspend for anywhere from 30 days to one year.  If  a driver accumulates more than 6 points in any 18 month period a special surcharge of $150/year can be imposed by the DMV.  Also, if you are convicted of 3 separate speeding violations that occurred within 18 months your license must be suspended for 6 months.  To see a complete chart of how many points each type of violation incurs, click here.

The DMV record is also checked by automobile insurance companies every time auto insurance comes up for renewal or a new application for insurance is made.  A moving violation on a driver's record virtually guarantees an increase in insurance rates.  Depending upon how many points have accumulated the increase in rates can be dramatic, sometimes as much as twice the previous rate.  Moreover, if enough points have accumulated an insurance company may refuse to renew or decline to provide a new policy.  In those cases a driver will be forced to obtain insurance through the NYS "assigned risk" pool.  Insurance rates in the assigned risk pool are very, very high.

When Should I Hire An Attorney?

Many drivers facing serious moving violations find that obtaining legal representation is essential to protecting their rights and obtaining the most favorable result from court proceedings.  Often an attorney will be able to negotiate a reduced charge, sometimes eliminating the charges that have "points" associated with them.  Sometimes the ticket itself may be flawed and an attorney can get the charges dismissed based up a flawed complaint by the officer that issued the ticket. 

Also, if you don't live near the court that the ticket the ticket specifies you can have an attorney make an appearance for you, so that you don't have to attend the court proceedings at all.

How Easy Is It to "Beat" a Ticket?

Frequently Asked Questions

Q: Should I request a supporting deposition if I plead Not Guilty to a ticket?

A: That depends on why you're doing it.  If you feel that you did not commit the violation you are charged with and intend to defend yourself at trial, exercising your right to a supporting deposition will give you critical information as to what the officer will testify to.  However, if you did commit the violation and are asking for the deposition because you think the officer may not provide it and this will let you "beat" the ticket, you might want to think again.  Truth is, the vast majority of requests for depositions are responded to in a timely manner.  Many times, these requests do little more than aggravate the same police officer that you are going to end up trying to negotiate a plea deal with.  Also, New York State troopers are now all equipped with New York's "e-ticket" system which prints out a completed ticket and a supporting deposition in the officer's car at the time you are stopped!!  Often, it takes an attorney experienced with traffic violations to know whether requesting a "depo" is a good idea or not.

Q: If I'm stopped for speeding what should I do or say to the officer?

A: First, remain calm and be polite.  Often a police officer will ask you if you "know why you've been stopped".  Be careful, anything you say to the officer can be used against you in court.  Often the best answer is one that let's the officer know you aren't arguing with him about the stop, but aren't going to admit anything, either.  Let the officer tell you what he thinks you were doing.  Sometimes, when the speeding was not excessive and you have a reasonable excuse you can get off with only a warning.  But, if you have been caught "on radar" expect to get a ticket.  Whatever you do, do not argue with the officer.  It gains you nothing and may cost you when you go to court.

Q: Does having window or bumper sticker showing support for police benevolent associations help?

A: Generally, no.  Police have long ago realized that people make contributions in the hope that it will get them out of tickets.  Usually, they're not impressed.

Q: Does a police officer making a traffic stop have a right to search my car or my person?

A: No, unless the police officer has reason to fear for his safety or a reasonable suspicion that a crime (other than a traffic offense) has occurred he does not have a right to search you or your car.  However, he can look into your car and anything he observes that indicates a violation of the law can give me the necessary reasonable suspicion to search both you and your car.

Misc. Motor Vehicle Misdemeanors

Moving violations are not the only vehicle related charges that a driver can face.  There are also a variety of different offenses that are classified as either "misdemeanors" or "felonies" and can cost you both a great deal of money and potentially result in your being sentenced to jail or prison, if you are found guilty.  Vehicular Manslaughter, Criminally Negligent Homicide, Reckless Endangerment and  Aggravated Unlicensed Operation of a motor vehicle are all examples of vehicle related crimes.  If you are charged with a misdemeanor or a felony it usually means that you will be arrested, fingerprinted, booked and may be required to post bail.  If you are charged with either a misdemeanor or a felony you should always retain an attorney to protect your rights and defend you against prosecution.

The most common, vehicle related, criminal charges (misdemeanor or felony) are Driving While Intoxicated and Aggravated Unlicensed Operation.  A DWI conviction can result in the restriction, suspension or revocation of your license, and the imposition of heavy fines and/or jail time.  It can also result in your insurance company dropping your auto insurance (which will force you into the 'assigned risk' pool and easily double your insurance costs).  DWI and DWAI (Driving While Ability Impaired) are specialized areas of law and require representation by an attorney that understands all the potential technical and legal defenses.  To learn more about DWI/DWAI click here.

Aggravated Unlicensed Operation of a Motor Vehicle (known as "AUO") is also a very commonly charged offense.  AUO is almost always charged if a driver with a suspended or revoked license is stopped by the police.  As a result, even a minor traffic infraction can result in a misdemeanor or felony charge if your driving privileges have been suspended or revoked.  AUO can be charged as a 'Class A or B' misdemeanor or, in unusual cases it can be charged as a Felony offense.  There are very solid defenses available when "AUO" is charged.  An attorney with experience and a good knowledge of recent appellate decisions can often get the charges reduced to a simple violation or even get the charges dismissed.