New York Traffic Tickets

The Law Office of Gary S. Miller handles every type of traffic ticket under the New York State Vehicle and Traffic Law. This includes speeding tickets, moving violations, driving while intoxicated, reckless driving, and driving with a suspended license. We are in court every day in Suffolk and Nassau County, negotiating with the same prosecutors and appearing before the same judges. Our representation has resulted in thousands of cases being reduced or dismissed. Whether you have been charged with a minor traffic infraction or an eleven point speeding ticket, the Law Office of Gary S. Miller will do whatever is necessary to insure that you receive the best outcome possible, and to help keep your license as clean as possible.

The New York State Vehicle and Traffic Law provides for hundreds of different traffic violations, however the majority of tickets issued by the police and New York State Troopers are for speeding, cell phone violations, disobey traffic control device,  crossing over hazard markings, unsafe lane change, suspended license tickets, portable electronic device violations, texting tickets, HOV violations, failing to signal, failing to yield, passing a stop sign, red light violations, failing to yield to an emergency vehicle, reckless driving,  revoked registration, trucking violations, driving while intoxicated, driving while ability impaired due to drugs and no insurance tickets.

An attorneys we will first see if it is possible to have the ticket dismissed. When a dismissal is not possible, we will attempt to negotiate a resolution to reduce the infraction and any points associated with the traffic ticket. In some courts however, such as the traffic violations bureau in Queens, Staten Island, Brooklyn, New York City, and the Bronx, there is no plea bargaining, and consequently most tickets at those locations must proceed to trial.

There are advantages to retaining an Attorney early on.

When dealing with a traffic ticket, it is best to retain an attorney as soon as possible, or at least, to consult with an attorney early in the process. As soon as a ticket is issued, time limits to file certain demands and motions begin to run. In some courts, with certain tickets, there may be an opportunity to have a ticket dismissed by filing a request for certain documents that the police must provide. At times, if the police fail to provide the documents, or fail to respond properly, a motion may be made requesting the ticket or tickets be dismissed. The request must be made within 30 days of the return date listed on the ticket. If the request is filed late, an opportunity to have the ticket dismissed may have been missed.

What you need to know about New York Traffic Tickets:

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

If you accumulate eleven points or more within an eighteen month period, (calculated by date of violation) your license will automatically be suspended. 

While most moving traffic tickets carry points and a fine, a conviction to certain traffic violations will lead to an automatic suspension or revocation of your driving privilege. For example, a conviction for driving without insurance (VTL 319.1) in New York will automatically lead to a one year revocation of your driver’s license. Likewise convictions to three or more speeding tickets or three or more misdemeanor traffic convictions (or any combination of  thereof), with dates of violations all within eighteen months of each other, will lead to a six month revocation of your license.

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

A number of traffic offenses under the New York State Vehicle and Traffic Law are misdemeanor charges. A conviction to any of those traffic offenses will result in a criminal record. A common charge that motorist often don’t realize is a misdemeanor charge is driving with a suspended license (VTL 511.1). 

Below is a list of some traffic offenses that are misdemeanors. A conviction to any of these will result in a criminal conviction.

• 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
• VTL 340-(a) Failure to surrender license/registration/plates after revocation 
• VTL1212 Reckless Driving
• VTL 1182 Unauthorized speed contest
• VTL 375-I Inadequate Brakes
• VTL 600-2a Leaving the scene of an accident with personal Injury
• VTL 1192.2 Driving While Intoxicated
• VTL 306-e Fictitious Inspection Certificate
• VTL 319-2 Produced Invalid Insurance ID card
• VTL 375-1 Inadequate Trailer Brakes

SOME TRAFFIC MISDEMEANOR CONVICTIONS CARRY MANDATORY JAIL OR PROBATION

A conviction for Aggravated Unlicensed Operation in the Second Degree (VTL 511.2a), by law requires the motorist to be incarcerated, or to serve three years probation. A judge may also impose a split sentence consisting of both jail and probation. In addition there is a mandatory minimum fine of $500, plus a mandatory surcharge.

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

New York State DMV imposes a driver assessment fee for those who accumulate 6 or more points on their driving record within an 18 month period. The 18 month period is calculated by using the date of violations. While the conviction will trigger the assessment fee, it is the date of violation that is important in calculating the number of points accumulated during the 18 month window. A driver assessment fee will be imposed on all motorists who acquire the minimum point level including those who don’t even possess a New York State license and those with out of state licenses. This is in addition to any fines and surcharges the court may have previously imposed.

Call the Law Office of Gary S. Miller (631) 665-2200