TRAFFIC TICKET FAQ
Protect your right to drive in New York State, protect your family, protect your job and, protect yourself. The best advice that The Law Office of Robert A. Shapiro can give you is to do yourself a favor and talk to a lawyer before you decide what to do about any traffic ticket you receive in the State of New York. Our office does not charge anyone to talk to us about their ticket but you can certainly save yourself a lot of money by talking to us first before you decide what you are going to do. All too often we see the situation where an individual gets what appears to be a run of the mill traffic ticket only to find out later that he should have done something earlier because now they are in jeopardy of losing their license or privilege to drive in the State of New York. The fines and surcharges levied by the Courts and the Traffic Violations Bureau (TVB) is set up by the State of New York DMV are intended not only to keep the highway safe but also help balance the state budget. Why not balance your Budget! Call us today.
The Law Office of Robert A. Shapiro represents people throughout Western New York, Central New York, and the Southern Tier. Some of the major roads in Upstate New York include the New York State Thruway (I-90; I-390; I-490; I-590; I-81; Rte 104 corridor as well as all the other highways and byways that traverse this region).
If you receive any traffic ticket for violating the Vehicle and Traffic Law of the State of New York which also includes Driving While Intoxicated, Driving While Under the Influence of Drugs the first thing you should do is pick up the phone and call The Law Office of Robert A. Shapiro. You should know what your rights are and what your options are in order to make and intelligent decision about what you are going to do with that uniform traffic ticket citation that you received from a New York State Trooper, or the local police department, the county sheriff's department, or the local police department in the region where you were stopped.
A lot of clients view traffic tickets as speed bumps in the road of life. The fact remains that you need to have a qualified, experienced and seasoned traffic ticket attorney to protect your rights and interests. Some traffic tickets are "pot holes", and other tickets are "sink holes".
Traffic tickets can affect you financially in a variety of ways. Besides the fines and surcharges that Courts can levy, you are faced with increased insurance rates for a number of years and you could possibly lose your livelihood if you accumulated too many speeding tickets or too may points. In New York State you can lose your license or privilege to drive in the State if you receive three speeding tickets within 18 months or accumulate 11 points within 18 months. However, for insurance purposes, these convictions and points remain on your record for insurance premium purposes for up to 39 months. For those who have a Commercial Driver's License (CDL) you are actually held to a higher standard by the State of New York because that driver's license is tied directly to your right to earn a living.
In many instances The Law Office of Robert A. Shapiro is able to handle the matter for you without you having to go to Court. This is true not only for local residents but also out of state residents. One word of caution however if you are charged with a misdemeanor under the Vehicle and Traffic Law such as reckless driving; aggravated unlicensed operation (AUO); driving while intoxicated (DWI) most Courts will require you to appear with your attorney at some point and time to resolve the matters pending in their Court.
A word of caution for out of state drivers. At some point of time you should contact an attorney in your own state or, if you live in Canada, to see what impact any points you receive in New York State would affect your driving record in the state where you hold your license. While The Law Office of Robert A. Shapiro will do its best to minimize the impact of the number of points you receive on your license so as to protect your "driving record" as well as your insurance rates. We strongly recommend that you check with either an attorney in your area or your local DMV to see whether points in New York will wind up on your license.
New York State does record out of state violations in two situations: first, if you hold a commercial drivers license (CDL); or second you fail to timely answer an out of state summons, in which case a SCOFFALW may appear on your New York State Drivers record. CAVEAT! New York does record Canadian violations and Canada does record New York violations. Again it is highly recommended by The Law Firm of Robert A. Shapiro that if you are not a New York State License Driver that you talk to a lawyer in the state where you received your current drivers license to be absolutely sure of the consequence of an out of state license of a New York State convictions on your Driver's License.
A substantial number of people contact The Law Office of Robert A. Shapiro when they, having acted as their own attorney, have put themselves in jeopardy of either losing their driver's license or privilege to drive in New York State or their insurance rates are at a catastrophic level. These individuals are usually the ones who try to save a few bucks and have represented themselves in the past in a truly poor manner of just paying a fine and going on their way. Depending on the violation, one violation or possibly two are enough for you to lose your license. Listed below are some of the violations and the accompanying points for the violation from the Department of Motor Vehicles:
- Speeding (1-10 mph over posted limit); 3 points
- Speeding (11-20 mph over posted limit); 4 points
- Speeding (31-40 mph over posted limit); 8 points
- Speeding (over 40 mph); 11 points
- Reckless driving; 5 points
- Failure to stop for school bus; 5 points
- Following too closely (tailgating); 4 points
- Inadequate breaks; 4 points
- Inadequate breaks while driving employer's vehicle; 2 points
- Failure to yield right of way; 3 points
- Violation involving a traffic signal,stop sign, yield sign; 3 points
- Railroad crossing violation; 3 points
- Improper passing, unsafe lane change, driving in wrong direction; 3 points
- Safety restraint violation involving a person under 16 years old; 3 points
- Any other moving violation; 2 points
CAVEAT! All points and all speeding convictions are assessed according to the day of the offense, not the date of conviction. Points are relevant for 18 months from the violation date. The reason for this is a penalty consequence can't be avoided by delaying the hearing.
The New York State Department of Motor Vehicles encourages qualified drivers to take a drivers safety course which would give you a 4 point reduction upon completion of the course. Thus, if you are on the brink or having too many points within 18 months this course would be of great benefit to you. In addition, the course also entitles you to a 10% insurance credit off your insurance premiums. This class can be taken every 18 months for point reduction but only every 3 years for insurance rate reductions.