New York Traffic Ticket FAQ Below are the answers to some frequently asked traffic law questions. Why should I hire your firm? If you want the process of fighting your ticket easy and un-complicated, then we're the right law firm for you. All of our values re-enforce our goal of simplification. We patiently explain in plain English, follow through with our commitments, promptly respond to inquiries, and (most importantly) are honest with you (even with bad news). See our values for further information as to why we are in business, which we take very seriously. Do I have to appear in court? No. In the vast majority of the time, we can fight your case without you appearing in court and without you wasting time from your busy schedule. As we said, our goal is to make fighting your case as simple as possible.
How can our traffic lawyers help you? Our New York traffic lawyers understand the types of proof required by the People, appear regularly before many of the traffic judges and understand their practices and tendencies, are skilled questioners, appreciate the types of defenses which are worth advancing and conscientiously and consistently do their very best to obtain a favorable result. Why shouldn't I just plead guilty? To avoid points, fines and surcharges, to keep your insurance rates low, and to preserve your privilege to drive. Also, to save or reduce the extra fee imposed by New York DMV for drivers with 6 or more points.
Should I fight my case if I really am guilty? Yes. You should always fight your ticket because the People must prove its case against you (not the other way around) and you may remain silent. Many times we win cases because the People cannot meet its burden. Other times we work out favorable deals. So while we cannot guarantee success, why not "go down swinging"? What if I do not answer my ticket? You will be suspended and possibly found guilty by default. Also, a $35 suspension termination fee will be imposed which must be paid (in addition to any fine or surcharge) in order to restore your driving privileges. Note: Even one suspension on your record can adversely affect your automobile insurance premiums.
Will a trial be required? For tickets issued in New York City, western Suffolk County, Rochester and Buffalo, a trial or hearing is always required if you fight your NY traffic ticket. In traffic courts in these areas, it is "all or nothing" and therefore you really need a NY traffic lawyer. Most other places allow for plea bargaining or deals, and usually we arrange for a great deal for our clients in such courts and the client does not even have to appear in court with us. How long do the points last on my record? Points last for 18 months from the date of offense. But insurance companies can use a conviction to raise your rates for up to 36 months from the date of conviction.
How do I know if I have too many points? For each conviction, add up the number of points for 18 months before the date of offense and 18 months after the date of offense. You are generally allowed up to 10 points within either 18-month period.
What is a bond and how does it work? At the Traffic Violations Bureau, you are sometimes required to post a bond in order to secure a date or a new date. This occurs if you are late in answering or if have asked for a date previously. The bond is refunded if you win the case. If you lose the case, then the $40 bond amount is credited towards the fine. The only way you lose with a bond is if you fail to appear in which case is will be forfeited. For a copy of the bond refund form, click here.
How can I reduce points? Take the NYS DMV-approved New York Defensive Driving Program. After you complete this program, you will get 4 points off of your driving record and get a 10% savings on your automobile insurance. We recommend the Improv Traffic School as one of best NY DMV-approved, point-reduction class. And the best part is that this class can be all done online for less than an in-person class. Click the banner to the right to enroll in Improv's online class. As an added bonus, feel free to use our firm's discount code"redlight" as our way of thanking you for visiting our site. Created by the World Famous Improve Comedy, Club, they provide a convenient, fun and cost-effective defensive driving class. Based on the simple notion that defensive driving course do not have to be dry and boring, they offer a fun, fast and inexpensive way to complete your driver safety class. For more information on point and insurance reduction, click the banner to the right.
How often can I take the NYS Drivers Safety program? Once every 18 months. Whether you take it online with the Improv or in person anywhere else, you can take this class only once every 18 months.
Do points or convictions transfer from other states or provinces? Except for Ontario and Quebec Provinces in Canada, points from convictions in another state or province will not transfer to your New York State driver's license. Suspensions and revocations, as well as alcohol and drug-related driving convictions, from another state will transfer, however.
Can we help professional drivers? Definitely. In fact, many clients are professional drivers. Note: Tickets issued while driving a private car can adversely affect a CDL or TLC license.
What is the Driver Responsibility Assessment Program (DRAP)? Starting November 2004, DMV penalizes drivers for three years when they accumulate 6 or more points within an 18 month period or are convicted of an alcohol or drug related offense. The defensive driving class will not avoid the DRAP.
What is the DRAP penalty? Motorists with an alcohol or drug-related offense must pay $250/year for three years, and motorists with 6 (or more) points within 18 months must pay $100/year for three years for 6 points plus $25/year for three years for each additional point.
Submit Your Own Question
Attorneys of Weiss & Associates
440 Park Avenue South
3rd Floor
New York, NY 10016
212-683-7373
lawyer@nytrafficticket.com
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