Law Offices of Glenn W. Magnell
Criminal, DWI & Vehicle Law Defense Attorney
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. 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 you?
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
* Upon 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 immediately obtain your DMV driving record (from whatever state issued your license)
so that we can intelligently advise you
* 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 by using only certified mail
* If necessary we will file whatever motions
we think may be needed to achieve the best possible result for you
* We 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 again so that we can
bring up to date information to court in order to obtain the best possible results
* If necessary we will represent you at trial,
at no extra charge, if that is the best course to pursue
* 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 summary of the outcome
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.
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
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
ticket.
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.
Orange County, NY Court Info & Profiles
Blooming Grove Town Court, Chester Town Court, Chester Village Court, Cornwall Town Court,Crawford Town Court, Deerpark Town Court, Florida Village Court, Goshen Town Court, Goshen Village Court, Greenville Town Court, Harriman
Village Court, Highlands Town Court, Monroe Town Court, Monroe Viallge Court, Middletown City Court, Montgomery Town Court, Montgomery
Village Court, New Windsor Town Court, Newburgh Town Court, Port Jervis City Court, Tuxedo Town Court, Walden Vllage Court, Wallkill
Town Court, Wawwayanda Town Court, warwick Town Court, Warwick Village Court,Woodbury Town Court
Ulster County, Putnam County, Dutchess
County, Rockland County, Sullivan County
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.
Copyright 2010: Law Offices of Glenn W. Magnell All Rights Reserved.
DWI & Vehicle Law Defense Attorney
Goshen Office
162 Main Street, Goshen, NY 10924
Phone: 845-294-0585 Fax: 888-724-5470
Law Offices of Glenn W. Magnell
Cornwall Office
151 Continental Rd., Cornwall, NY 12518
Phone: 845-725-7935 Fax: 888-724-5470
NYS Vehicle and Traffic Law Offenses
Continental Rd, Cornwall, NY 12518 Phone: 845-725-7935
162 Main Street, Goshen, NY 10924 Phone: 845-294-0585