Traffic Law

Effective November 6, 2024, significant changes were made to DMV rules that affect points, suspensions, and look back periods for numerous traffic violations. In particular, the changes affect repeat offenders and offenses involving alcohol, drugs, and driving with a suspended or revoked license. I will briefly summarize the key changes, and the reason why now Read on…

The DMV assigns points to various traffic violations. In sum, the more serious the traffic violation the more points that are assigned. For example, speeding violations have a graduated system of points based on how many MPH over the speed limit the motorist is convicted of. For example, if you are driving and convicted of Read on…

Hit and run accidents in New York are very serious matters. Depending on whether there are injuries or only property damage will determine just how serious of a violation it will be. Pursuant to VTL 600-2, leaving the scene of accident with injuries is a traffic misdemeanor (crime) and has very serious consequences on your Read on…

There are certain laws under the New York Vehicle and Traffic Law (VTL) that drivers (intentionally or unintentionally) tend to ignore. The first such law is VTL 1225(c) (operating a motor vehicle while using a mobile phone) and its companion VTL 1225(d) (operating a motor vehicle- using a portable electronic device). Even with all the Read on…

Do CDL drivers suffer bigger consequences for traffic violations? Does the fact they received these violations when not operating a commercial vehicle affect their CDL status? In New York State, a Commercial Driver’s License (CDL) is a special license conferred upon drivers of certain types of vehicles, usually those with a gross weight over 26,000 Read on…

I have had many occasions where prospective clients call with a traffic ticket and they tell me they would just rather pay the ticket than deal with the process. While it may seem like a very convenient and time-consuming move, just “paying the ticket” can have adverse consequences on your driving record. For one, paying Read on…

There are numerous consequences that may arise for failure to pay a ticket by the due date. And the consequences may differ depending on whether the ticket issued is a traffic ticket for a moving violation or an equipment violation, or rather if it is a parking ticket or a red-light camera violation. For failure Read on…

While your best strategy to negotiate a speeding ticket with a prosecutor is to retain the services of an experienced traffic ticket attorney in New York, there are some tactics which can aid you when attempting to plea bargain your speeding ticket. One of the easiest strategies one can employ is one that does not Read on…

Most convictions for moving violations under the New York State Vehicle and Traffic Law (VTL) will have some impact on your auto insurance rates. Obviously, other factors are also taken into account to determine one’s insurance risk such as age and accident history. Traffic convictions, whether misdemeanor or simple infractions, can impact one’s auto insurance Read on…

Most moving violations committed in New York State have a point value assigned to such violations. Usually, the increase in point value is directly related to the seriousness of the traffic infraction committed by the motorist. For your reference, the point system with the various violations and the points assigned to each can be found Read on…

The answer to this question is not an either-or scenario, but rather an and scenario. In most instances, a motorist should both fight their ticket and go to traffic school (which ostensibly means enrollment in a NYSDMV approved defensive driving course). Most traffic tickets that a motorist receives on Long Island fall within the jurisdiction Read on…

The coronavirus (COVID-19) pandemic has had a profound effect on the operation of the New York court system. While the New York Vehicle and Traffic Law (VTL) has not itself been amended as a result of the COVID-19 pandemic, certain Court and DMV procedures have been altered. For example, DMV expiration dates have been tolled Read on…

There is a difference between receiving a Uniform Traffic Ticket in New York for a violation of Vehicle and Traffic Law (VTL) Section 1225(c) (operating motor vehicle while using a mobile phone as opposed to VTL 1225(d) (use of portable electronic device while operating a motor vehicle). What both violations share in common is the Read on…

The short answer to this question is YES. However, the real concern (although money is always a concern) should be reduction of traffic points, or in some instances, reduction of a traffic misdemeanor (a criminal) charge to a lower, much less serious traffic violation. There are certain court costs that can not be waived. For Read on…

The penalties for a first time DWI Offense in New York vary depending upon the particular facts of the case. What this means is that your Blood Alcohol Content (BAC), your age, and whether you refused a chemical test can ultimately determine the outcome of the case as to penalties. Obviously, a motor vehicle accident Read on…

The simple answer to this question is yes, but there are a lot of factors that go into the question of whether a DWI can be reduced to the gold standard of VTL 1192.1 (Driving While Ability Impaired), which is a traffic violation and not a crime. Clearly a first-time offender stands a much better Read on…

The first rule of thumb is before entering a plea to any traffic ticket, you should speak to an experienced traffic attorney. As a general rule, you should not immediately plead guilty to a traffic ticket. New York does not have “no contest” plea on the simplified traffic information (Uniform Traffic Ticket), although there can Read on…

When one receives a speeding violation in either New York, the consequences of the charge and possible conviction can have serious ramifications upon the motorist’s driving record, insurance premiums, and livelihood. If the motorist receives three (3) speeding convictions within an 18 month period, this scenario will subject the motorist to a six-month license revocation Read on…

Generally speaking, certain ministerial errors on the face of an accusatory instrument (i.e. traffic ticket) can be cured upon refiling within the time frame permitted by statute. If the ticket is issued to a person who otherwise meets the description (i.e. height, weight, eye color, license ID number) of the motorist, but an erroneous middle Read on…

As it goes with most questions in life, there isn’t always a simple answer. This question is no different. Generally speaking, it is worth it to contest or fight a traffic ticket. In a vast majority of cases, you are better served by having your case handled by an experienced traffic violations attorney. Depending upon Read on…

The New York State Department of Motor Vehicles (DMV) establishes a variety of rules and regulations upon which your New York driver’s license (or driving privilege if you are out-of-state) can be suspended. There are two general categories of license suspensions. The first category is referred to as definite suspensions, which will last for a Read on…

There are certain qualities you want your traffic lawyer to possess. The first is that they should be familiar with the courts and the protocol. They should understand the nature of the charges against the client, and know how the prosecutors handle various traffic infractions. The lawyer should know whether an offer that is made Read on…

With the exception of alcohol-related convictions and some other traffic convictions, most convictions for moving violations will appear on your driving abstract for a period of three (3) years. However, the important factor to note is that you need eleven (11) points within an eighteen (18) month period to have your license or driving privileges Read on…

When considering what lawyer you should use to handle your traffic ticket (violation or misdemeanor), there are certain factors you should consider. One of the most important factors to take into account is whether that attorney has the experience dealing with the prosecutors in the various local courts. For most traffic tickets issued in Nassau Read on…

The Suffolk Traffic and Parking Violations Agency (SCTPVA) commenced operations in April, 2013, replacing the previous DMV-run Suffolk TVB. While providing more favorable dispositions than the prior entity, there are some factors that a motorist should be aware of, prompting the need for an experienced traffic attorney. When determining the disposition for a motorist who Read on…

When one receives a speeding violation in either Nassau or Suffolk County, the consequences of the charge and possible conviction can have serious ramification upon the motorists driving record, insurance premiums, and livelihood. If one accumulates 11 points within an 18-month period, that motorist’s license is subject to suspension by the Department of Motor Vehicles Read on…

If you ever find yourself being pulled over by a police officer on Long Island or in the New York area, you should be aware of your rights. This means knowing what the cop can and cannot do legally, but it also means knowing your own responsibilities. The list is not too complicated, so take Read on…

First, you need to read the entire ticket, front and back. You will need to understand what the ticket is actually for and what you must do e.g. paying a fine and to whom etc. In most cases you will need to answer the ticket with some type of response by a specified date. That Read on…

Most people have been pulled over by a New York cop at one point in time or another. A traffic stop is the most common form of interaction drivers have with the criminal justice system. If you find yourself being pulled over, it is not the end of the world. Remain calm and follow these Read on…

When you receive a moving violation summons in Nassau or Suffolk County for a violation of Vehicle and Traffic Law (VTL) Section 1140(a) (Failure to Yield the Right of Way), it is important that you consult an experienced New York traffic lawyer to present the best strategies for contesting the ticket. In most instances, you Read on…

What is a conditional license? If your NYS driver’s license has been revoked or suspended because you are convicted for a DWI-related offense, the Department of Motor Vehicles may issue a “conditional license,” which gives you conditional driving privilege. The DMV will determine if you are eligible to attend an Impaired Driver Program or IDP, Read on…

Due to recent changes enacted by Governor Cuomo and the New York State Legislature, if you receive a traffic ticket in New York State for either talking or texting on a mobile device while driving, you can now receive three (3) DMV points against you for the commission of this traffic infraction. In addition, significant Read on…

In the event you are stopped by a law enforcement officer as the result of an alleged traffic infraction, you should certainly be courteous. Even though the stop may be very inconvenient and annoying for the motorist, you should not antagonize or instigate the officer in any way, as those actions as only serve to Read on…

Reckless driving in New York is a serious traffic misdemeanor (a crime, not an infraction) and is statutorily defined under Vehicle and Traffic Law (VTL) Section 1212. A conviction under this section of the VTL carries significant consequences, including, potential jail time, five (5) DMV points, large fines/surcharges, and increases in your insurance premiums. Further, Read on…

A majority of traffic related infractions pursuant to the Vehicle and Traffic Law (VTL) are violations, and are not considered crimes. Violations such as speeding, passing a stop sign, failure to yield, driving while ability impaired (DWAI), or failure to signal are infractions and not considered crimes (i.e. misdemeanors, felonies). Please note, however, that convictions Read on…

If you receive a speeding ticket on Long Island, or in any county in New York State for that matter, do not admit guilt and be courteous when receiving any ticket for alleged traffic infractions by a law enforcement official. Upon receipt of the ticket, it is important that you recall all of the events Read on…

If you are stopped by a law enforcement official in Nassau County for passing a stop sign (or failure to make a complete stop), do not admit liability and be courteous to the officer when receiving the stop sign ticket. It is of utmost importance that you recall the details of the incident and traffic Read on…

The consequences for being stopped by a law enforcement officer on Long Island, NY when you do not have a license in your possession (or are unlicensed) are less serious than if you are driving while your license if either suspended or revoked. Vehicle and Traffic Law (VTL) Section 509-1 concerns a driver who operates Read on…