Whether it is a speeding ticket or any other traffic violation, New York State’s complex rules and regulations can have serious consequences for a driver. When a motorist is charged with breaking one of the laws, they must make a decision to either pay the fine or fight it in court. A NYC traffic violation attorney can help a driver make the right choice and protect their driving record and finances.
In New York, the majority of traffic violations are non-criminal, meaning they do not lead to incarceration. Instead, a ticketed driver will be forced to pay fines and face additional penalties such as points on their license and increased insurance rates. While many drivers decide to pay their traffic tickets, this action admits guilt and may cause unnecessary expenses. It is possible to challenge a ticket in court and defend against inflated fines, penalties and other costs.
When a driver receives a traffic ticket, they must respond to the court within 15 days of the date on their ticket by writing a plea in the box provided or by calling the number on the back of the ticket. If they choose to fight the ticket, they must attend a hearing before an Administrative Law Judge (ALJ).
An ALJ is an experienced attorney with special training in vehicle and traffic laws who hears and decides cases. Unlike criminal courts, where the District Attorney is involved in the case, traffic courts are not supervised by DAs and have little to no connection with the DA’s office. Instead, these cases are primarily handled by TVB.
During the hearing, the officer will testify about the circumstances of the traffic stop and why they believe that the defendant committed the offense. The defendant can then question the officer about their testimony to point out any inconsistencies or inaccuracies. By highlighting these discrepancies, a skilled traffic lawyer in NY can often convince the judge that the defendant should be found not guilty.
Other defenses may include the argument that the violation was necessary to prevent harm or danger, such as speeding to reach a hospital to save someone’s life. This type of defense can be very effective, but it requires the assistance of an experienced traffic lawyer to assess and prepare the appropriate evidence.
Some civil traffic violations are considered a crime and could lead to jail time and a criminal record, including for professional drivers who must be insured by their employers. Criminal traffic violations can also result in the suspension or revocation of a driving privilege and hefty fines. A NYC traffic violation attorney can help evade these harsh penalties by fighting the ticket in court. A traffic lawyer will be familiar with the process, the TVB and the judges and can explain what will and won’t work to achieve a dismissal. With the significant fines and potential points on a driver’s record, the investment in a traffic attorney is well worth it.