We see a number of different types of traffic violations, ranging from speeding or moving unsafely in a lane, to driving without a license to reckless driving and driving while intoxicated. We also handle a lot of cases involving people who received tickets for driving while texting or talking on the phone without a hands-free device. Those are a few of the most common types of traffic violations that we see.
How Long do I Have to File for a Hearing if I Have Received a Traffic Violation Ticket?
The ticket itself will list the date by which you must respond with either a guilty or a not guilty plea. It’s usually two to three weeks after receiving the ticket, but you want to confirm the specific date and know to which court you will be assigned. Generally, we enter a not guilty plea on our client’s behalf. The specific court will then assign a pre-trial conference date. Once our clients sign an affidavit giving us authority to appear in court, and negotiate and enter a plea on their behalf, we can do so without our client even being present. This is a huge benefit to our clients who do not have the ability to miss a day of work to answer a ticket/summons.
What Happens if I Simply do Nothing With a Traffic Violation? What am I Looking at?
If you simply do nothing after being cited for a traffic violation, you will get yourself into trouble. If you fail to answer the summons either by entering a plea of not guilty or guilty, the court or the DMV will suspend your license. So, it can be a big deal. You don’t want to simply do nothing.
How Does the Points System Work in Reference to Traffic Violations in New York?
Different traffic violations result in different amounts of points on a driver’s record or license. A lot of the violations in New York come with a two or three point consequences. The cell phone tickets are now five points. Speeding tickets can be severe as well, ranging from three to ten points. If a driver gets 11 points on their record their license is automatically suspended in New York. So, the points are a big deal and are therefore something that we pay close attention to on each case.
What are the Short Term and Long Term Consequences of Having Traffic Violations on Your Record?
The short term consequences of having traffic violations on your record are that they can be expensive and result in points. If a driver is facing two or more points on their license, it will almost always make sense to enter a plea of not guilty and request a conference. In Westchester County, we handle a lot of traffic violations all over the county, and can usually negotiate a reduction of those points on behalf of our clients.
The long term consequences of having traffic violations on your record are getting points on your license or having your license suspended. This can obviously impact your day to day life. Even if you are able to drive, the points in and of themselves can result in an increase of your auto insurance payments. So, there are some pretty significant consequences of having traffic violations on your record.
How do I Know if I Need an Attorney to Handle a Traffic Violation?
In order to determine if you need an attorney to handle a traffic violation, I would suggest looking at how many points you are facing with the current violation. Then, I would consider any points that are currently on your license from prior tickets. In most instances, it makes sense to hire a traffic attorney. We are usually able to negotiate better results than drivers do on their own. It also saves the client the time needed to answer the ticket and appear in court to potentially have it resolved. If you are working, you are going to lose a day at work just for the court appearance itself. Generally speaking, in the majority of instances where you are facing points, it makes sense to hire a traffic violations attorney. This holds true even after you consider the expense of paying the attorney.