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Moving Violations

In New York State, a traffic offense can be an infraction, a violation, a misdemeanor, and in some cases a felony. Most traffic tickets handed out by the police are infractions, or unclassified misdemeanors. Before you decide to plead guilty to a traffic summons you should consider the following.

TOO MANY POINTS WILL LEAD TO AN AUTOMATIC SUSPENSION OF YOUR LICENSE.

Accumulating 11 points within an 18 month period will result in an automatic suspension.


SOME TRAFFIC TICKETS CARRY AN AUTOMATIC 1 YEAR LICENSE REVOCATION OF YOUR LICENSE.

While most moving traffic tickets carry points and a fine, convictions to certain traffic violations will lead to an automatic suspension or revocation of a driver’s license.  For example, pleading guilty to driving without insurance (VTL 319.1) or being found guilty of driving without insurance in New York will automatically lead to a 1 year revocation of your driver’s license.  In addition, you will be required to pay a $750 civil penalty along with a fine and surcharge.  Likewise if you plead guilty to, or are convicted of 3 or more speeding tickets or 3 or more misdemeanor traffic convictions (or any combination of 3 thereof), with dates of violations within 18 months of each other, you will receive a 6 month revocation of your license.

YOU CAN END UP WITH A CRIMINAL RECORD FROM A TRAFFIC TICKET IN NEW YORK.

In New York State there are a number of traffic offenses that are misdemeanor charges. A conviction to any of those charges will result in a criminal record. If you plead guilty to something as simple as driving with a suspended license (Section 511.1a of the NYS Vehicle and Traffic Law) you will end up with a criminal record, unless you were under the age of 19 when the offense was committed and are granted youthful offender status by the court.

The following are a just a few of the traffic charges that are misdemeanors. There are a number of other traffic offenses that are misdemeanors as well, that I have not listed. A conviction to any one of these would give you a criminal record unless you fall within the youthful offender provisions.

  • VTL 511.1(a) Aggravated Unlicensed Operation in the 3rd degree
  • VTL 511.2 (a) Aggravated Unlicensed Operation in the 2nd Degree
  • VTL 512 Revoked Registration
  • VTL1212 Reckless Driving
  • VTL 1182 Unauthorized speed contest
  • VTL 600-2a Leaving the scene of an accident with personal Injury
  • VTL 375-I Inadequate Brakes
  • VTL 375-1 Inadequate Trailer Brakes
  • VTL 319-2 Produced Invalid Insurance ID card
  • VTL 306-e Fictitious Inspection Certificate
  • VTL 340-(a) Failure to surrender license/registration/plates after revocation under article 7


SOME TRAFFIC MISDEMEANOR CONVICTIONS CARRY MANDATORY JAIL OR 3 YEARS PROBATION.

Some traffic offenses carry even tougher mandatory sentences. Certain traffic convictions carry mandatory jail or probation. For example, if you are convicted of Aggravated Unlicensed operation in the Second Degree
(VTL 511.2a), by law the judge must sentence you to jail and/or 3 years probation, and a minimum $500 fine, plus a mandatory surcharge.

ACCUMULATING 6 OR MORE POINTS WILL LEAD TO A DRIVER ASSESSMANT FEE

Regardless of whether you have a New York license or not, in New York State, if you accumulate 6 or more points, with violation dates within an 18 month period, the New York State Department of motor vehicles will impose a driver assessment fee. The driver assessment fee is in addition to any fines, surcharges and court fees the court may impose. The New York State Driver assessment fee starts at $300 ($100 per year for 3 years) for 6 points. As the points increase, so does the driver assessment fee. For every point over 6 points, the drivers assessment fee is $75 or $25 per year for 3 years. For example, an accumulation of 8 points, with dates of violation within an 18 month period carries a $450 driver assessment fee ($150 a year for 3 years). 11 points will lead to a $675 driver assessment fee ($200 a year for 3 years). Inasmuch as in New York State some speeding tickets in themselves carry 6, 8, and 11 points, the points can really add up.

HOW CAN AN ATTORNEY HELP?

As a traffic lawyer, I have handled thousands of traffic tickets. I am in court everyday negotiating with the same prosecutors and the same judges. While the ultimate resolution of your ticket will depend on a number of factors, my goal on every traffic ticket that I handle is for my clients to receive the very best resolution possible. Whether your case involves getting a misdemeanor charge reduced to a noncriminal offense, or reducing points on your license, you can count on us to fight for the best result possible. Please feel free to contact me and I will let you know what you can expect the outcome of your case to be with my representation. There is no charge for the consultation.

NO ONE SHOULD EVER PLEAD GUILTY TO A TICKET
WITHOUT FIRST CONSULTING WITH AN ATTORNEY

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