In New York, a traffic offense can be either an infraction, a violation, a misdemeanor, and in some cases, a felony. While there are numerous violations which will result in a police officer issuing a traffic ticket, the most commonly issued tickets are for speeding, cell phone violations, and HOV violations.
While the ultimate outcome of your speeding ticket (as well as other violations) will depend on a number of factors, such as how many mph over the speed limit the ticket is for, the motorist’s prior record of traffic convictions, the Court the speeding ticket is returnable to, the prosecutor handling the case, and the judge hearing the case. The goal at Jones & Black, P.C. is to have your ticket dismissed or significantly reduced.
The following are the number of points that each speeding conviction carries:
3 points ----- 1 to 10 mph over limit
4 points ---- 11 to 20 mph over limit
6 points ---- 21 to 30 mph over limit
8 points ---- 31 to 40 mph over limit
11 points ---- over 40 mph over limit
While most moving traffic infractions carry points and a fine, some carry automatic license revocations. For example, if you plead guilty to a ticket for driving without insurance (NYS VTL 319.1), or are convicted after trial of driving without insurance, your license will automatically be revoked for 1 year by law. You will also be required to pay a $750 civil penalty in addition to a fine and surcharge.
In New York, there are certain traffic violations that are misdemeanors, as well as felonies. For instance, driving with a suspended license (NYS VTL 511.1a) is a misdemeanor. If you plead guilty to driving with a suspended license or are convicted of it, you will end up with a criminal record, unless you fall under the youthful offender provisions.
The following are a just a few of the traffic violations that are misdemeanors. 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 1212 Reckless Driving
VTL 1182 Unauthorized speed contest
VTL 600-2a Leaving the scene of an accident with personal Injury
VTL 306-e Fictitious Inspection Certificate
VTL 375-I Inadequate Brakes
VTL 319-2 Produced Invalid Insurance ID card
VTL 375-1 Inadequate Trailer Brakes
VTL 340-(a) Failure to surrender license/registration/plates after revocation under article 7
In New York, certain misdemeanor traffic convictions carry mandatory jail or probation. For example, if you are convicted of Aggravated Unlicensed Operation in the Second Degree (VTL511.2a) the judge must by law sentence you to either Jail or 3 years probation, and a minimum $500 fine, plus an $80 surcharge.
Accumulating 11 points with dates of violation within an 18 month period will result in an automatic license suspension. Additionally, a conviction to 3 or more speeding tickets, or misdemeanor driving convictions, (or a combination thereof), with dates of violation within an 18 month period, will result in an automatic suspension of your license.
If you accumulate 6 or more points, with violation dates within an 18 month period, the New York State Dept. of Motor Vehicles will impose a Driver Assessment Fee. The Driver
Assessment Fee is in addition to any fines, surcharges and fees imposed by the Court where the case is pending. 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.
Speeding tickets are not looked upon favorably by insurance companies. In fact they are weighted heavier than most non-speeding tickets with the same amount of points. For insurance purposes, it is always best to try to avoid having a speeding ticket placed on your license.
As experienced criminal and traffic attorneys, we have handled thousands of traffic tickets in New York. We are before these Courts (County, State, City and Village Courts) almost every day of the week, and we have developed professional relationships with many Court personnel, Prosecutors and Judges.
Additionally, our attorneys are also currently Village Prosecutors for the North Hills Village Justice Court in Nassau County, New York, and as such, we prosecute thousands of traffic matters each year for the Village, and have regular interaction with the Nassau County Police officers who issue these and other traffic tickets. We have the unique ability to have both a defense and a prosecutorial perspective on these matters, resulting in our ability to defend such cases knowing exactly how other Prosecutors and Police Officers will try to get their convictions, and formulating the perfect strategy to be one step ahead of them.
At Jones & Black, P.C., we have established a track record of dismissing or significantly reducing thousands of speeding tickets (and other traffic tickets) down to NON-MOVING VIOLATIONS, which carry ZERO POINTS, have no impact on insurance premiums, and will NOT trigger the Driver Assessment Fee.
Please contact us today for a free consultation and evaluation of your situation, where we will advise you of the most likely outcome, so that you can make an informed decision as to how to proceed.