New York Traffic Violations Legal Questions

Depending upon where you received your violation for a suspended registration, the courts handle the cases differently. Some courts will not resolve the case until you rectify the underlying suspended registration - if this is stemming from an overdue ezpass bill, this can often be difficult and costly to clear up. Oftentimes though, courts will be more willing to considser a resolution if you demonstrate efforts that you are clearing up the EZ Pass bill or setting up a payment plan. Once the suspended registration has been cleared, it's often possible to have the case reduced to a violation or even an adjournment in contemplation of dismissal, where the case is eventually dismissed and sealed. ... Read More

I'm sure you don't want to hear this but you should contact a traffic lawyer in your jurisdiction as soon as possible. Depending on the jurisdiction that you live in, the prosecutor's office may or may not negotiate with dropping points or reducing the ticket, but if they negotiate then your attorney will know best how to negotiate with the prosecutor on your behalf. However, if you live in a jurisdiction like NYC, the traffic violations bureau does NOT negotiate at all. In that case, you would want to take the ticket to trial, and certainly you would want to have the best representation when it comes to conducting a traffic court trial, cross examining the Police Officer, and presenting evidence on your behalf.    I hope this information is helpful. ... Read More

I'm sorry but without more information this is a difficult question to anwer. Generally speaking though, if the ticket was received outside of NYC then your attorney can negotiate a possible disposition with the Prosecutor's office. If it was in NYC then your attorney would represent you at the traffic court trial at NYC TVB. Your best bet here though is to contact an attorney and speak with them about the specifics of your case. ... Read More

An 8 point violation can have a significant impact on your insurance, and there will likely be a high fine included with it. You don't mention where you got the ticket, but if you got it outside of NYC then you may be able to have your attorney negotiate with the prosecutor to reduce your violation to a lesser violation which will include less points, fine, etc. If it was in NYC please be aware that NYC Traffic Violations Bureau does not negotiate pleas. Instead, you can have your lawyer fight the ticket for you there at your traffic court trial. As far as how this will impact your parent's insurance, you will have to speak with the insurance company to look at your policy. With that being said it seems like you were covered by the policy at the time of the violation, and either way you were driving the vehicle so I suspect that it will have some impact on the insurance premium.    I hope this information is helpful. ... Read More

I'm not sure whether you're saying you were cited for VTL 511 or VTL 509.1. Generally speaking officers can use discretion if they cited you for a VTL 509.1 infraction and may even use discretion if they cited you for VTL 511 which is a misdemeanor offense. There are a number of defenses to both of this infractions that a criminal defense attorney could assist you with. With that being said, an argument where you confirm you were driving the vehicle while unlicensed, but the officer let you drive away, is not one that is going to assist you with your defense. Whether the officer let you drive away MAY call into question his credibility or the fact that he may have been unsure if you were in fact unlicensed. However, what the prosecution needs to prove in a VTL 511 or VTL 509.1 case is that you were in fact operating a motor vehicle, and that you were doing so with a suspended/revoked license (VTL 511) or while you were not licensed to operate a motor vehicle (VTL 509.1). I hope this information is helpful.     This information is for general informational purposes only, and is not intended to create an attorney-client relationship. This information should not be taken as legal advice for any individual case or situation. Legal jurisdictions often differ on major and minor aspects of the law, and each legal situation is unique; requiring that all legal situations be addressed with competent legal counsel. My practice is based in New York, and the law of other jurisdictions may differ.... Read More

So this can depend on where you got the ticket. Most importantly, if you got the ticket in New York City you should be aware that the NYC Traffic Violations Bureau does not negotiate or plea bargain at all, and in order to get any type of reduction or dismissal there, you will have to take the case to trial.    If you are outside of New York City though, you can speak with your attorney and they will be able to negotiate with the prosecutor in an attempt to work out a plea deal that will result in a lesser violation than what you have been charged with. Oftentimes through mitigation information a plea deal can be worked out with significantly less points. With that being said, your best bet is to speak with your attorney regarding the specifics of your case and your situation, because that will give you a much better idea of what you will be looking at. ... Read More

Hire a lawyer! If you can not afford one, you can be assigned an attorney in court if you qualify for one. Whether or not you were given Miranda rights is important only if you made an inculpatory statement to police. Failure to give Miranda warnings does not automatically get a case dismissed. In my experience, DWI/drug charges are made when the driver admitted to using illegal drugs or if the police found some illegal drugs.  ... Read More