Traffic Offenses
If you receive a traffic ticket, don't ignore it!
Failure to answer a ticket in a timely fashion will result in the suspension of your driver's license. In addition, you could be found guilty of the charge and face fines due to your failure to respond, also known as a default conviction. An additional suspension would be imposed for failure to pay the fine and a judgment would be entered against you.
We can help you fight a ticket to avoid fines, points and increased insurance premiums.
Contact us or call for a free consultation at (516) 682-8220.
Driving with a suspended license is a crime under New York State Vehicle and Traffic Law § 511, which could result in a misdemeanor or felony conviction and expose you to fines of up to $5,000.00, jail, probation, and even the confiscation of your vehicle. The penalties increase as the number of suspensions you have increases. Each ticket ignored, and each fine not paid counts as a seperate suspension.
A guilty plea or conviction after trial or hearing can lead to the suspension and revocation of your driver license:
Three Speeding and/ or Misdemeanor traffic violations will result in the revocation of your driver license for at least six months
Any two moving violations committed during the six month probation period for newly licensed drivers will result in a 60 day license suspension. A single conviction for Speeding, reckless driving, tailgating, racing or other more serious traffic violations will also lead to a 60 day suspension.
Points — Most traffic violations carry points. Points will be added to your driving record as of the date that the violation occurred, not the date you are convicted. If you accumultate 11 or more iolation points in any 18-month period, your license can be suspended or revoked.
Common Violation Points
VIOLATION:
Speeding (MPH over posted limit):
1 to 10 - 3 points
11 to 20 - 4 points
21 to 30 - 6 points
31 to 40 - 8 points
over 40 - 11 points
VIOLATION:
Reckless driving - 5 points
VIOLATION:
Failure to stop for school bus - 5 points
VIOLATION:
Following too closely (tailgating) - 4 points
VIOLATION:
Failure to yield right-of-way - 3 points
VIOLATION:
Disobeying a traffic control device (e.g. traffic light/signal, Stop or Yield sign) - 3 points
VIOLATION:
Railroad crossing violation - 3 points
VIOLATION:
Improper passing, unsafe lane change - 3 points
VIOLATION:
Leaving the scene of an accident with property damage - 3 points
VIOLATION:
Child safety restraint violation - 3 points
VIOLATION:
Seatbelt - 3 points
VIOLATION:
Cell phone/texting - 5 points
VIOLATION:
Any other moving violation - 2 points
Driver Responsibility Act
Additionally, accumulating 6 points within an 18-month period would result in the assessment of a $300.00 surcharge against you by the New York State Department of Motor Vehicles. If you receive more than 6 points on your driving record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points.
Point Reduction
By enrolling and successfully completing a New York State approved Driver Point & Insurance Reduction Program, you may be eligible for both an insurance discount and the removal of up to four points from your driving record.
Reckless Driving
Reckless Driving is a serious charge. It's a misdemeanor (crime) covered by § 1212 of the Vehicle and Traffic Law. If you are convicted:
You face up to a year in jail
Fines of up to $300.00 for 1st offenders, substantially higher fines for multiple offenders
You will have a criminal record
5 points will be assessed against your NY driving record
You may face an insurance premium increase
The court also has the authority to suspend your drivers license while the charges are pending pursuant to Vehicle and Traffic Law § 510.
The NYS Department of Motor Vehicles considers this a “Serious Traffic Infraction”. If you hold a Commercial Driver’s License conviction for 2 or more “Serious Traffic Infraction” in a 3 year period results in a 60 day suspension, 3 convictions in the same period results in a 120 day suspension.
We can assist you in negotiations to have the charge reduced to a non-criminal violation, with substantial point reduction, savings in fines, and reduced impact on your insurance or if necessary defend you at trial.
Contact us at (516) 682-8220 as soon as possible.
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