Some times getting a traffic ticket
isn't a big deal. You sign the back,
pay a fine and it's over with. However,
all too often the guilty plea and fine
are only the beginning of a costly
experience. If the ticket was for a
"moving violation" such as speeding,
failure to obey a traffic signal or
sign, failing to maintain lane, etc.,
the guilty plea is reported to the NYS
Department of Motor Vehicles where it
becomes part of a driver's record. Each
violation has a statutorily prescribed
"point" value that stays on a driver's
record for 18 months. Speeding
tickets have a minimum "point" value of
3 and a potential maximum of 11. If a
driver's point total reaches 11 or more
points a mandatory mandatory 31 days
suspension (for first time suspensions)
will be imposed unless the driver asks
for a "license suspension
hearing". At such a hearing a
driver can dispute the accuracy of the
DMV's recordsbut, unless some problem in
record keeping has occurred the typical
result is that driving privileges will
be
suspended for anywhere from 31 days to one
year. If a driver accumulates 6
or more points in any 18 month period a
special surcharge of $100-$225/year, for
three years, can be
imposed by the DMV. Also, if you are
convicted of 3 separate speeding
violations that occurred within 18
months your license must be suspended
for 6 months.
To see a complete
chart of how many points each type of
violation incurs, click here.
To see a chart of some of the most
common fines and fees imposed for
traffic violations
click here.
The DMV record is also checked by
automobile insurance companies every
time auto insurance comes up for renewal
or a new application for insurance is
made. A moving violation on a driver's
record virtually guarantees an increase
in insurance rates. Depending upon how
many points have accumulated the
increase in rates can be dramatic,
sometimes as much as twice the previous
rate. Moreover, if enough points have
accumulated an insurance company may
refuse to renew or decline to provide a
new policy. In those cases a driver
will be forced to obtain insurance
through the NYS "assigned risk" pool.
Insurance rates in the assigned risk
pool are very, very high.
When Should I Hire An Attorney?
Many drivers facing serious moving
violations find that obtaining legal
representation is essential to
protecting their rights and obtaining
the most favorable result from court
proceedings. Often an attorney will be
able to negotiate a reduced charge,
sometimes eliminating the charges that
have "points" associated with them.
Sometimes the ticket itself may be
flawed and an attorney can get the
charges dismissed based up a flawed
complaint by the officer that issued the
ticket.
Why Should You
Consider Our Law Firm to represent you?
Retaining a qualified attorney to deal
with your traffic ticket can be a
confusing affair. Fees can vary
from a a couple of hundred dollars to a
couple of thousand and exactly what one
attorney or another will do when they
represent you can vary just as much.
If you contact our firm you can expect:
*
You can speak directly to an
attorney about the circumstances
surrounding your ticket
*
Upon receipt of a copy of your
ticket, it will immediately be
reviewed by an attorney
*
We will provide you with a realistic
assessment of what can be
accomplished
*
We will immediately obtain your DMV
driving record (from whatever state
issued your license) so that we can
intelligently advise you
*
We will quickly communicate with the
court involved and let them know we
represent you
*
We will copy you on all
communication with the court and/or
the officer involved
*
We will promptly provide you with
the necessary paperwork so that you
do not have to appear in court and
we can appear for you
*
We will make sure that we can
provide a documented paper trail for
all communications with the court by
using only certified mail
*
If necessary we will file whatever
motions we think may be needed to
achieve the best possible result for
you
*
We will contact you shortly before
we go to court on your case to
review the details and strategies we
are using
*
The day before we go to court we
will run your DMV record again so
that we can bring up to date
information to court in order to
obtain the best possible results
*
If necessary we will represent you
at trial, at no extra charge, if
that is the best course to pursue
*
The only fees you will pay will be
stated clearly, up front.
*
Within 24 hours of appearing in
court for you we will advise you of
the final outcome of your violation
*
Within a matter of days after the
court proceedings you will receive a
written summary of the outcome
How Easy Is It to "Beat" a Ticket?
Any attorney that tells you or
advertises that they can "beat" any
ticket is misleading you and should make
you wonder about the honesty of a person
who wants to be your legal counsel.
It's true that there are
technical flaws that can cause a ticket
to be dismissed. For example, the officer may not
show up on your trial date or you can be
found "not guilty" after a trial in
front of a judge. However, if you have
received a moving violation that is
properly written (most of them are) and
the police officer performs their
duties in accordance with the law (most
of them do), a trial will almost
always result in a conviction.
As a result, by far the most common
outcome is a "plea bargain" that is
struck between you (or your attorney)
and the officer. An attorney will work
to obtain the best offer possible and
one that will result in no or few points
on your license. Note: plea bargaining
on moving violations is largely an
'upstate' phenomena. It does not occur
in NYC or on most of LI.
Moving violations are not the only
vehicle related charges that a driver
can face. There are also a variety of
different offenses that are classified
as either "misdemeanors" or
"felonies" and can cost you both
a great deal of money and potentially
result in your being sentenced to jail
or prison, if you are found guilty.
Vehicular Manslaughter, Criminally
Negligent Homicide, Reckless
Endangerment and Aggravated Unlicensed Operation
of a motor vehicle are all examples
of vehicle related crimes. If you
are charged with a misdemeanor or a
felony it usually means
that you will be arrested, fingerprinted,
booked and may be required to post
bail. If you are charged with
either a
misdemeanor or a felony you should always retain an
attorney to protect your rights and
defend you against prosecution.
The most common, vehicle related, criminal charges
(misdemeanor or felony) are Driving While Intoxicated
and Aggravated Unlicensed Operation. A DWI conviction can result in the
restriction,
suspension or revocation of your
license, and the imposition of heavy fines
and/or jail time. It can also
result in your insurance company
dropping your auto insurance (which will
force you into the 'assigned risk' pool
and easily double your insurance
costs). DWI and DWAI (Driving While
Ability Impaired) are specialized areas
of law and require representation by an
attorney that understands all the
potential technical and legal defenses.
To learn more
about DWI/DWAI click here.
Aggravated Unlicensed Operation of a
Motor Vehicle (known as "AUO") is also a
very commonly charged offense. AUO
is almost always charged if a driver
with a suspended or revoked license is
stopped by the police. As a
result, even a minor traffic infraction
can result in a misdemeanor or felony
charge if your driving privileges have
been suspended or revoked. AUO can
be charged as a 'Class A or B'
misdemeanor or, in unusual cases it can
be charged as a Felony offense.
There are very solid defenses available
when "AUO" is charged. An attorney
with experience and a good knowledge of
recent appellate decisions can often get
the charges reduced to a simple
violation or even get the charges
dismissed.
Hudson Valley-
Counties Served
Orange
County, Putnam County, Dutchess
County, Ulster County, Rockland County
Hudson
Valley Communities Served
Orange County
Arden, Balmville, Bellvale, Town of Blooming Grove, Bullville, Campbell
Hall, Central Valley, Town of Chester, Village of Chester, Circleville, Town
of Cornwall, Cornwall on Hudson, Town of Crawford, Cuddebackville, Village
of Florida,
Fort Montgomery, Godeffroy, Town of Goshen, Village of Goshen, Town of
Greenville, Greenwood Lake, Town of Hamptonburgh, Village of Harriman, Town of
Highlands, Highland Falls, Highland Mills, Howells, Huguenot, Johnson,
Village of Maybrook, Mid Hudson, Middle Hope, City of Middletown, Town of Minisink,
Town of Monroe, Village of Monroe, Town of Montgomery, Village of
Montgomery, Mountainville, New Hampton, New Milford, Town of New Windsor,
City of Newburgh, Town of Newburgh, Otisville, Pine Bush, Pine Island, Port
Jervis, Rock Tavern, Salisbury Mills, Silver Lake, Slate Hill, Southfields,
Sparrow Bush, Sparrowbush, Sterling Forest, Sugar Loaf, Thompson Ridge, Town
of Tuxedo, Village of Tuxedo, Tuxedo Park, U S C C, Unionville, United
States Military Academy, Vails Gate, Walden, Town of Wallkill, Town of Warwick,
Village of Warwick,
Washingtonville, Town of Wawayanda, West Point, Westtown, Town of Woodbury.
Ulster County
Accord, Bearsville,
Big Indian, Bloomington, Boiceville, Cherrytown, Chichester, Clintondale,
Connelly, Cottekill, Cragsmoor, Eddyville, Ellenville, Esopus, Gardiner,
Glasco, Glenford, Grahamsville, Greenfield Park, High Falls, Highland,
Highmount, Hurley, Kerhonkson, Kingston, Krumville, Lake Hill, Lake Katrine,
Leibhardt, Lyonsville, Malden, Malden Hudson, Malden on Hudson, Marlboro,
Marlborough, Mettacahonts, Milton, Mldn on Hdsn, Modena, Mount Marion, Mount
Merion Park, Mount Tremper, Napanoch, New Paltz, Olive, Olivebridge,
Oliverea, Phoenicia, Pine Hill, Plattekill, Port Ewen, Rifton, Rosendale,
Ruby, Saint Remy, Samsonville, Saugerties, Shady, Shandaken, Shokan, Spring
Glen, Stone Ridge, Sundown, The Vly, Tillson, Ulster Park, Walker Valley,
Wallkill, Wawarsing, West Camp, West Hurley, West Park, West Saugerties,
West Shokan, Whitfield, Willow, Woodstock,
Town of
Denning,
Village of
Ellenville,
Town of
Esopus,
Town of Gardiner,
Town of
Hardenburgh,
Town of Hurley,
Town of Kingston,
Town of Lloyd,
Town of Marbletown, Town of
Marlborough,
Town of
New Paltz,
Town of Olive,
Town of Plattekill,
Town of
Rochester,
Town of
Rosendale,
Town of Saugerties, Town of
Shandaken,
Town of Shawangunk,
Town of Ulster,
Town of Warwarsing, Town of
Woodstock
Sullivan County
Barryville, Bethel,
Bloomingburg, Burlingham, Callicoon, Callicoon Center, Claryville, Cochecton,
Cochecton Center, Eldred, Fallsburg, Ferndale, Forestburg, Forestburgh,
Fremont, Fremont Center, Glen Spey, Glen Wild, Grahamsville, Hankins,
Harris, Highland Lake, Hortonville, Hurleyville, Jeffersonville, Kauneonga
Lake, Kenoza Lake, Kiamesha Lake, Lake Huntington, Lew Beach, Liberty,
Livingston Manor, Loch Sheldrake, Long Eddy, Mongaup Valley, Monticello,
Mountain Dale, Mountaindale, Narrowsburg, Neversink, North Branch, Obernburg,
Parksville, Phillipsport, Pond Eddy, Port Jervis, Rock Hill, Roscoe,
Smallwood, South Fallsburg, Summitville, Swan Lake, Thompsonville,
Westbrookville, White Lake, White Sulphur Springs, Woodbourne, Woodridge,
Wurtsboro, Youngsville, Yulan, Town of Bethel, Town of Callicoon, Town of
Cochecton, Town of Delaware, Town of Fallsburgh, Town of Freemont, Town of
Highland, Town of Liberty, Town of Lumberland, Town of Mamakating, Town of
Rockland, Town of Neversink, Town of Thompson, Town of Tusten.
Putnam County
Adams Corners,
Brewster, Carmel, Cold Spring, Crofts Corners, Garrison, Kent Cliffs, Lake
Carmel, Lake Lincolndale, Lake Mahopac, Lake Peekskill, Lake Secor, Mahopac,
Mahopac Falls, Manitou, Nelsonville, North Highland, Oscawana Lake,
Patterson, Philipstown, Putnam Valley, Sears Corners, Southeast, Tompkins
Corners, Town of Kent Lakes, Town of Southeast, Town of Patterson, Town of
Philipstown, Town of Carmel, Town of Putnam Lakes.
Town of Clarkstown, Town
of Haverstraw, Town of Orangetown, Town of Ramapo, Town of Stony Point,
Upper Nyack, Nyack, Pomona, Haverstraw, West Haverstraw, Grand View,
Piermont, South Nyack, Airmont, Chestnut Ridge, Hillburn, Kaser, New
Hempstead, New Square, Montibello, Sloatsburg, Spring Valley, Suffern,
Wesley Hills.
Highways With
High Intensity State Police Activity
If
you would like a consultation or wish to arrange for representation on any
Social Security matter, criminal matter, drawing up a living will, testamentary
will, trust and estate planning or health care proxy, you can contact Glenn W.
Magnell at either his Goshen or Cornwall offices.
Please note: Information on this website is intended to
inform, not to advise. No one should attempt to interpret or apply
any law without the assistance of an attorney that is familiar with that area of
law, the rules of the court involved and the specific facts of each individual
case.
ion has a statutorily prescribed
"point" value that stays on a driver's
record for 18 months. Speeding
tickets have a minimum "point" value of
3 and a potential maximum of 11. If a
driver's point total reaches 11 or more
points a mandatory mandatory 31 days
suspension (for first time suspensions)
will be imposed unless the driver asks
for a "license suspension
hearing". At such a hearing a
driver can dispute the accuracy of the
DMV's recordsbut, unless some problem in
record keeping has occurred the typical
result is that driving privileges will
be
suspended for anywhere from 31 days to one
year. If a driver accumulates 6
or more points in any 18 month period a
special surcharge of $100-$225/year, for
three years, can be
imposed by the DMV. Also, if you are
convicted of 3 separate speeding
violations that occurred within 18
months your license must be suspended
for 6 months.
