An accident-related traffic ticket can substantially raise your insurance premiums, so you must evaluate all of your options and consider legal advice as soon as possible. Learn the best info about traffic tickets.
Defense against this type of ticket typically involves examining both parties’ versions of what happened—specifically, the police officer’s recollection of events and the driver’s recall of them. With time passing between an incident and a court date, their memories may become less distinct.
Texting or Cell Phone Use
Sending texts or checking email while driving may seem tempting, but doing so is illegal under New York State law and can result in traffic tickets. Drivers using hand-held mobile devices while operating a vehicle (except emergency calls to 911 or to notify medical, fire, police, or roadside assistance services ) are strictly forbidden, and this kind of conduct can lead to steep fines and driver violation points on your record.
An experienced traffic lawyer may be able to negotiate a reduction of the cell phone/texting charge in exchange for your guilty plea, thereby mitigating its impact on your insurance rates and potentially preventing license suspension.
At times, it can be challenging to challenge a cell phone/texting ticket in court, as an officer only needs to observe someone using their device at the time. A dashcam video could help demonstrate your innocence by showing that you weren’t using your phone during an incident, which should help to demonstrate why a guilty verdict should not be issued against you.
Note: Junior drivers convicted of traffic violations for the first time may face suspension of their driver’s license or learner permit for up to 120 days, making it essential that they hire an attorney who can fight their ticket and help fight back.
Speeding
Speeding is one of the most prevalent traffic offenses. Not only can it put your safety and those around you at risk, but speeding is often linked to traffic deaths.
New York law classifies many acts that constitute speeding as violations, such as driving at a speed that endangers vehicle occupants or speeding on highways at unreasonable and irresponsible speeds. When such offenses occur, offenders usually face court proceedings to address their speeding violations, and fines and demerit points are assessed against them.
On your traffic ticket, either an officer or an automated device will record the date, time, and location of an alleged speeding incident. This data can then be used in defense proceedings against your citation by challenging its accuracy – for instance, if there were some malfunction in the recording device (e.g., incorrect date or miscoding vehicle color), then potentially, this violation would be dismissed from court proceedings.
Our blog reminds readers that even though it may seem easier and cheaper to pay their traffic ticket and get it over with, doing so could ultimately cost more in the form of fines, surcharges, and driver’s license points if convicted. Not only can it hinder employment or housing opportunities, but fighting it with the help of an experienced attorney would be far more advantageous.
Running a Red Light
No matter their excuse, drivers who drive through red lights without stopping can be charged with this offense and receive a ticket from law enforcement officers. A conviction on your record could drastically raise insurance premiums and may disqualify you from specific career opportunities that require a clean driving history.
In most states, drivers are allowed to enter an intersection prior to the traffic signal changing from yellow to red as long as their vehicle passes the intersection’s stopping point (crosswalk or limit line). Unfortunately, police officers often have difficulty proving this since you were moving when the light changed.
One effective strategy for fighting red light tickets involves recruiting witnesses who can attest that the light was still yellow when you entered an intersection. Another attempt to challenge an officer’s observation of your vehicle and the location of the stoplight at which the signal turned red.
No matter your approach to fighting traffic light violations, always resist paying the fine rather than admitting guilt by simply paying. Doing so could result in long-term penalties that interfere with your driving ability and cause irreparable harm.
Leaving the Scene of an Accident
Returning from an accident scene without exchanging names, insurance information, and make and model details with all parties involved can be seen as violating New York Vehicle and Traffic Law Section 600, which states that drivers should stop and exchange names, insurance information, and make/model details when involved in accidents involving property damage only or injuries. Failing to do so could lead to misdemeanor or felony charges, depending on the severity of the incident.
An arrest for leaving the scene of an accident that resulted in injury can have lasting repercussions for employment and housing opportunities, so if this ticket has been issued against you, it would be prudent to consult a criminal defense attorney and get legal help with defending it.
Traffic tickets can often be resolved by either pleading guilty or not guilty and attending a court hearing to present your case before the judge. At this hearing, they will determine whether you are guilty or not, as well as fines or license suspension; thus, you must appear on time at your scheduled date and time and present any evidence or witnesses that might assist your cause.
One common myth surrounding traffic tickets in NYC and throughout New York State is that officers will fail to show up for hearings where you request dismissal of your ticket; this is untrue as officers are usually required to attend all hearings regarding traffic tickets issued against them.
