How Easy Is It To "Beat" a Ticket?
Any attorney that tells you or advertises that they can "beat" any ticket is misleading you and
should make you wonder about the honesty of a person who wants to be your legal counsel. It's true that there are technical flaws
that can cause a ticket to be dismissed. For example, the officer may not show up on your trial date or you can be found "not guilty"
after a trial in front of a judge. However, if you have received a moving violation that is properly written (most of them are) and
the police officer performs their duties in accordance with the law (most of them do), a trial will almost always result in a conviction.
As a result, by far the most common outcome is a "plea bargain" that is struck between you (or your attorney) and the officer. An
attorney will work to obtain the best offer possible and one that will result in no or few points on your license. Note: plea bargaining
on moving violations is largely an 'upstate' phenomena. It does not occur in NYC or on most of Long Island.
Impact of NYS Speeding Tickets on Out-of-State Drivers
Many of our clients ask about the impact of a NYS speeding conviction
on their home state licenses. In fact, the impact can be very severe because many states will treat a NYS
traffic violation as though it happened in at home. This means that any NYS speeding conviction may result in "points"
back home. As a result, out-of-statedrivers can have both their license and insurance severely effected by a New York speeding
Hidden Costs of NYS Traffic Violations Surprise Out of State Drivers
One of the hidden costs of a NYS traffic conviction is a
special "driver responsibility fee" imposed by NYS Dept. of Motor Vehicles. The fee is imposed on any driver (NYS or other)
who accumulates 6 or more points in an 18 month period. This means that a single "6 point" ticket can result in a $300 fee from
DMV on top of any fine the court imposes. The fee increases by $75 for each "point" above 6.
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 18 months. Speeding tickets have a minimum "point" value of 3 and a potential maximum of 11. If a driver's point total reaches
11 or more points a mandatory mandatory 31 days suspension (for first time suspensions) will be imposed unless the driver asks for
a "license suspension hearing". At such a hearing a driver can dispute the accuracy of the DMV's records but, unless some problem
in record keeping has occurred the typical result is that driving privileges will be suspended for anywhere from 31 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
NYS Vehicle and Traffic Offenses
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
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 specifies you can have an attorney make an appearance for you, so that you
don't have to attend the court proceedings at all. For information about fees to be represented by the Law Offices of Glenn W. Magnell click here. For a free, no obligation case review and fee quotation click here.
Why Should You Consider Our Law Firm to represent
Retaining a qualified attorney to deal with your traffic ticket can be a confusing affair. Fees can vary from a a couple of hundred
dollars to a couple of thousand and exactly what one attorney or another will do when they represent you can vary just as much. If
you contact our firm you can expect:
* You can speak directly to an attorney about the circumstances surrounding your ticket
receipt of a copy of your ticket, it will immediately be reviewed by an attorney
* We will provide you with a realistic assessment
of what can be accomplished
* We will obtain your NYS DMV driving record so that we can intelligently advise you regarding
* We will quickly communicate with the court involved and let them know we represent you
* We will copy you on all communication
with the court and/or the officer involved
* We will promptly provide you with the necessary paperwork so that you do not have to
appear in court and we can appear for you
* We will make sure that we can provide a documented paper trail for all critical communications
with the court
* If necessary we will file whatever motions we think may be needed to achieve the best possible result for you
will contact you shortly before we go to court on your case to review the details and strategies we are using
* The day before we
go to court we will run your DMV record so that we can bring up to date information to court in order to obtain the best possible
* If necessary we will represent you at trial, however in some cases there may be an extra charge for trial representation.
* The only fees you will pay will be stated clearly, up front
* Within 24 hours of appearing in court for you we will advise you of
the final outcome of your violation
* Within a matter of days after the court proceedings you will receive a written (emailed) summary
of the outcome
Law Offices of Glenn Magnell
Dedicated to our clients
© Copyright 2013 - Law Offices of Glenn W. Magnell
Please note: Information on this website is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.
NOTICE: In compliance with the New York State Attorney's Code of Professional Conduct this website and all information contained within should be considered ATTORNEY ADVERTISING.
Unlike most attorneys I came to the practice of law as a second career. Prior to becoming an attorney I spent 20 years as a business
executive, eventually running a large subsidiary of a Fortune 500 company. While those years in private business were challenging
and rewarding, there came time that I wanted to do something different and more directly related to assisting other people. So, I
left the business world, went to law school, passed the New York State bar exam and became a practicing attorney. You can read
my full bio here and meet our staff here.
If you'd like to read what some of past clients have thought of our work, you can read
about it here.
Glenn W. Magnell
162 Main Street, Goshen, NY 10924