Traffic Ticket Defense Attorney in the Southern Tier of New York
Receiving a traffic ticket can be more than just a minor inconvenience—it can lead to fines, increased insurance rates, license points, or even suspension of your driving privileges. At Renna Law Office, PLLC, we offer experienced and effective defense for individuals facing traffic violations in the Southern Tier of New York. Our skilled attorneys are dedicated to protecting your driving record and helping you avoid unnecessary penalties.
Traffic Offenses Can Prove Costly
Traffic offenses in New York add up, and not just in terms of the financial impact. Each traffic violation can add points to your driver's record, and those points can lead to driver's license suspension, among other consequences. Plus, some traffic violations are criminal offenses. If you ignore or do not fight traffic violations with criminal consequences, you could end up with a criminal record. For someone with a clean history, you do not want to make this mistake. All the same, for someone with a driving or criminal record, you do not want to add to it.
At Renna Law Office, PLLC, Hanna M. Renna will help you with either a civil or criminal traffic offense. We know and have seen how these seemingly inoffensive violations can cause real problems for people. To make sure you minimize or avoid the consequences of a traffic ticket today, call us at (607) 233-0833 to schedule a free phone consultation.
Hanna M. Renna
Traffic Offenses in New York
Traffic offenses involve a motorist's unlawful conduct while they are in control or operating a vehicle. Also referred to as traffic violations, these offenses are prosecuted at the state or local level.
There is often a distinction made between traffic offenses committed while a vehicle is moving and while it's stationary. Moving traffic violations include speeding and running a red light. Some examples of non-moving traffic violations include illegal parking and displaying expired plates.
The term traffic offense describes a wide range of conduct from minor infractions to more serious crimes.
Hanna M. Renna
Traffic Offense Classification
Traffic offenses can be civil (often referred to as infractions) or criminal. New York State identifies specific offenses and categorizes them accordingly.
Civil Traffic Violations
If you are accused of committing a traffic infraction, you're usually issued a ticket. Typically, you have the option to pay the fee or dispute the ticket by attending a hearing on a designated day at traffic court. The penalties for a traffic infraction include fines, attending traffic school, and demerit points. Accumulating demerit points can impact the cost of car insurance (by increasing your rates) and eventually result in a license suspension (if you accumulate the requisite number of points).
Common examples of traffic infractions include:
Speeding
Using a mobile phone while driving
Failing to stop or signal
Following too close to another vehicle
Failing to wear a seatbelt
Disobeying a road sign
Driving uninsured
Driving with an obstructed view
Expired inspection certificate
Parking illegally
The majority of traffic infractions are strict liability offenses—the prosecution does not need to prove any criminal intent, only that the violation occurred. This means you are liable even if you did not know, for example, that the place where you parked was a no-parking zone or did not realize you were driving over the speed limit.
Criminal Traffic Offenses in New York
Traffic crimes are more serious than infractions. They can be charged as a misdemeanor or a felony depending on the relevant laws and circumstances. For example, you may be charged with a felony if you have any prior traffic offenses or if the conduct resulted in injury or death.
Traffic crimes are usually heard in a criminal court.
Some common examples of traffic crimes often charged as a misdemeanor include:
- Reckless driving
- Driving with a suspended or revoked license
- DWI or DWAI
- Driving with a suspended registration
- Driving without auto insurance
- Displaying a fictitious inspection certificate
Examples of traffic offenses usually charged as a felony include:
- Repeat Aggravated Unlicensed Operation of a Motor Vehicle
- Repeat DWI
- Vehicular homicide
Potential penalties for traffic crimes include but are not limited to fines, probation, driving courses, parole, and/or incarceration. You're more likely to receive time behind bars if you are charged with a felony or you have a history of committing traffic violations.
A conviction for a traffic crime can also result in the suspension or revocation of your license, points on your license, and your vehicle being impounded.
Hanna M. Renna
Three Reasons to Fight Traffic Offenses
Whether a traffic offense is minor or major, civil or criminal, you want to fight it. Here are three good reasons why that's the case:
- Clean driving record. If you pay the fine, plead guilty, or ignore a traffic offense, you will destroy any clean driving record, or you will add points to an already-existing driving record. The more points you obtain, the closer you are to license suspension. Further, with each traffic violation, you reset the clock used to erase old offenses from your record. It can take several years to wipe a driving record clean—it all depends on the circumstances and seriousness of the offense.
- Limited evidence. If you fight a ticket, even a civil infraction, the officer must appear in court and show evidence to prove you committed the offense. Many times officers do not show up, or they do not have the necessary evidence to show you were speeding or otherwise violated a law while operating a vehicle.
- Increase options. To pay a traffic ticket is the same as declaring guilt. If you request a hearing, however, you have more options to plead to a lesser offense or may be able to get the ticket or criminal charge dismissed.
Hanna M. Renna
NYS Driver’s License Points
In New York State, the DMV assigns points for certain traffic offenses. If you obtain 11 points within an 18-month period, your driver's license may be suspended. If you obtain 6 or more points within an 18-month period, you will be required to pay a Driver Responsibility Assessment Fee, in addition to any fines, penalties, or surcharges. The Driver Responsibility Assessment Fee is owed whether you have a driver's license issued by New York State, a driver's license issued by another jurisdiction, or you do not have a driver's license. This is why contacting our attorney, Hanna M. Renna, to help you with your traffic ticket is so important.
In previous years, the New York State DMV point system was more lenient. However, new legislation has recently caused a significant increase in the points that may be assessed based on the traffic offense alleged. The new point system is outlined below.
New York State DMV 11-point Violations:
- Any violation involving speeding more than 40 miles per hour over the speed limit
- Any violation involving operation of a motor vehicle while such person's license or privilege is suspended or revoked
- Any alcohol- or drug-related driving conviction or incident
New York State DMV 8-point Violations:
- Any violation involving speeding more than 30 but no more than 40 miles per hour over the speed limit
- Any violation involving overtaking or passing a stopped school bus
- Any violation involving the operation or movement of a vehicle or a combination of vehicles exceeding height limitations over, under, on, or through highways, bridges, or highway structures, or the striking of a bridge or highway structure
- Any violation involving driving through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit
New York State DMV 6-point Violations:
Any violation involving speeding more than 20 but not more than 30 miles per hour over the speed limit.
New York State DMV 5-point Violations:
- Reckless driving
- Any violation involving the use of a mobile telephone or portable electronic device
- Any violation involving a railroad crossing
- Any violation involving facilitating aggravated unlicensed operation of a motor vehicle
- Any violation involving failure to exercise due care
- Any violation involving a speed contest or race
- Any violation involving leaving the scene of a personal injury accident without reporting
New York State DMV 4-point Violations:
- Any violation involving speeding more than 10 but not more than 20 miles per hour over the speed limit
- Following too closely
- Inadequate service brakes, except for such a violation committed by an employed driver during the course of their employment
New York State DMV 3-point Violations:
- Any violation involving speed except where a different point value has been assigned
- Any violation constituting a failure to yield the right-of-way
- Any violation involving disobeying a traffic control signal or a stop or yield sign
- Any violation involving improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction
- Leaving the scene of a property damage incident or injury to an animal without reporting
- Any violation involving use of a safety belt or safety seat by a child under the age of 16
Most other New York State traffic offenses are 2-point violations, except for the following violations, which shall not be assigned any points:
- Any violation relating to vehicle registration, licensing, or insurance
- Any violation relating to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes
- Any parking violation
- Any pedestrian or bicycle violation
- Any violation relating to a business or the sale of goods established in the Vehicle and Traffic Law or any local law
- Any other violation not resulting from the operation of a motor vehicle
Typically, once 18 months have passed from the violation date, the points assessed for that violation no longer count toward your total. However, the points do remain on your driving record as long as the conviction remains on your record and can be used by your insurance company to increase premiums.
Although taking a DMV-approved Point and Insurance Reduction Program course can help to prevent you from losing your license in the event you have accrued 11 or more points on your driving record, completion of the course will not result in the removal of those points from your driving record.
Contact Us About Your Traffic Ticket
If you have received a traffic ticket in the Southern Tier of New York, do not wait to seek legal assistance. Contact Renna Law Office, PLLC today at 607-233-0833 to schedule your free consultation. We will review your case, explain your options, and work to protect your driving privileges and your record.
