Fighting a speeding ticket in New York can be overwhelming. Many drivers are confused by the legal process and unsure of what steps to take. This guide addresses common questions and provides a starting point for understanding your options. For tailored advice and to protect your license, we encourage you to contact our experienced attorneys. This guide is informational and not a substitute for legal counsel. Every case is unique.
What are the benefits of hiring your firm?
Our firm benefits clients by helping them save time, money, and license points. With over 10 years of experience, thousands of former clients, and a focus on Traffic law we have a proven record of getting tickets dismissed or reduced whenever possible. Our firm has hundreds of 5-Star reviews on Google and Yelp.
How do I plead guilty to a ticket?
You can plead guilty to a ticket by following the instructions on the ticket, usually found in Section A or B. However, pleading guilty may lead to criminal convictions, license suspension, heavy fines, and insurance increases. Some tickets carry the risk of jail time. Consider speaking with an attorney before entering a plea.
Can my attorney plead not guilty for me?
Yes, your attorney can plead not guilty for you. With your authorization and the court’s consent, we can enter a not guilty plea on your behalf without your appearance in court.
What happens if I ignore my ticket?
Ignoring a ticket can lead to license suspension, default judgments, warrants, arrest, and vehicle impoundment. Reinstating a suspended license is often time-consuming and difficult.
When will I get a court date?
Most courts send a date by mail, either within days or several months. Keep proof that you entered your plea and submitted documents. Use return receipt mail and retain copies to protect yourself if issues arise.
The ticket says respond in 48 hours but also gives a court date. Which is correct?
We recommend responding within 48 hours of receiving your ticket to avoid complications, regardless of the court date provided. However, if you have already missed that deadline, you need not worry as there is no legal penalty for missing it. However, the “return by mail or in person” date on the left side of the ticket is the date when the Court must receive your Not Guilty Plea. Your request for supporting deposition is also related to the “return by mail or in person” date and it may be important to request one.
Are all attorneys the same?
No. See our page on choosing the best lawyer for your case.
Can I plead guilty with an explanation?
Yes you can plead guilty with an explanation, but your explanation will not reduce the charge. In most cases, it will not be reviewed or considered.
What can I expect in court?
Each court, town, and county in NY has its own rules and traditions. Procedures vary by court. When you hire our firm for court, we can tall you about our experience in the Court you are scheduled to appear in.
How do points on my license affect my insurance?
Points on your license may or may not affect your insurance. A conviction for speeding does not automatically raise your insurance rates. Factors such as age, driving history, and the type of conviction all influence your premiums. However, your insurance company is a private entity, they may raise your rate for
What are the fines for a speeding or traffic ticket?
Fines for a ticket in NY are set by the judge within legal limits. Repeat offenders may face higher penalties. It is also based on how many tickets you are convicted of: If you get one parking ticket after a negotiation, the fine could be anywhere from $25 to $450+; but if you get two tickets after negotiation, the judge could give you the maximum fine on both, which could get expensive.
Do I have to go to court if I have an attorney?
Usually you do not need to go to Court if you have an attorney. Clients authorize us to appear on their behalf. Only a few judges require personal appearances.
Can I challenge a radar reading?
Yes you can challenge a radar reading, but it can be difficult and can only be done if negotiations to reduce the ticket break down and a Trial is needed. A conviction does not require radar; an officer’s observation may be enough.
Is there a “Speedy Trial” Rule for a speeding ticket?
No, there is no strictly stated legal time limit for a traffic ticket to be resolved after you have been handed the ticket. However, case law addresses how long a municipality can delay prosecution. Usually, speedy trial rules do not help resolve traffic tickets.
What is the difference between TVB and local traffic courts?
TVB does not allow plea bargaining and requires trials for all cases. Local courts require proof beyond a reasonable doubt and may permit plea deals.
Can I go to jail for a speeding ticket?
Yes, although rare, jail is a possible penalty for a speeding ticket. I have never seen a judge actually sentence jail, however, they have threatened to.
Am I entitled to a jury trial for a traffic ticket?
No, non-misdemeanor traffic offenses in New York are not eligible for jury trials.
Is driving with a suspended license a misdemeanor?
Yes driving with a suspended license is a misdemeanor. It may also be charged as a felony, carrying potential jail time and fines.
What is the Driver Responsibility Assessment (DRA)?
The DRA Driver Responsibility Assessment is an extra fine for accumulating too many points or for certain traffic convictions. It starts when you get 6 points within 2 years, counting from the date you RECEIVE the first ticket (not the date of Court).
Can the DRA be avoided with a defensive driving course?
No, the DRA cannot be avoided with a defensive driving course. The course may reduce points for suspension purposes, but they still count toward the DRA.
How long do points stay on my license?
Points remain part of your “point total” for 24 months from the date of the violation (not the date of Court). However, a record of the points you are convicted of, and the original charge, remain visible to officers and courts in NY forever.