Traffic Violation

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…

If a motorist is convicted for traffic violations in New York State, this conviction can have a significant impact on your auto insurance rate. As a general rule, the more serious the violation, the greater the effect will be on your insurance premium. The DMV has a point system which sets forth and assigns points 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…

The real cost of a conviction for a speeding ticket can be quite significant. We can start with the point system. The higher the speed that a motorist is convicted of, the greater the points. It starts with a three-point conviction if you speed up to 10 miles an hour over the speed limit and 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…

New York Vehicle and Traffic Law Section 1172(a) states that every driver, unless directed otherwise by a police officer, must come to a full and complete stop at a stop sign. If not, and the motorist is found guilty of this traffic infraction, they face fines and the imposition of three (3) DMV points on 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…

Each Court has its own set of protocol and procedures regarding whether an attorney can represent their client without the necessity of the client being present. For traffic misdemeanors such as Driving While Intoxicated (DWI), driving with a suspended license or registration, or reckless driving, the client (defendant) would most likely need to be present Read on…

What many motorists do not realize is that can be a traffic violation for a motorist to drive their motor vehicle too slowly on a public highway. In fact, Vehicle and Traffic Law Sections 1181 (a) and (b) set forth the elements of the violation of Driving Too Slow and Driving Below Minimum Posted Speed Read on…

When you are charged with a traffic violation, the question often arises as to whether you are automatically entitled to representation by a public defender (i.e. legal aid) in the event that you cannot financially afford to retain a private attorney. The answer depends on the nature of the violation. If the charge is a Read on…

New York Vehicle and Traffic Law (VTL) 1128(a) governs the violation of an “unsafe lane change”. Please note that while that a conviction under this statute is a traffic violation and not a misdemeanor or criminal offense, it does carry three (3) DMV points upon conviction. Furthermore, this charge is considered a “serious traffic conviction” Read on…

The penalty for driving while using a cellular phone or any portable electronic device (i.e. Tablet, GPS device) is now 5 DMV points. Your first step in preserving your rights is to contact an experienced traffic attorney. An experienced traffic attorney can review the facts surrounding the incident and make an informed decision as to Read on…

Pursuant to Vehicle and Traffic Law (VTL) 1172(a) (failure to stop for a stop sign), the maximum fine for a ticket going through a stop sign in Nassau County is $150, plus mandatory state surcharges of $88-$93 depending on the jurisdiction of the Court. Further, the fines can increase if there are multiple violations of Read on…

It should be noted that every ticket that is processed through the Nassau County Traffic and Parking Violations Agency (NCTPVA) located at 16 Cooper Street, Hempstead will incur a $45 administrative fee. The only time where this fee will be waived will be if one is found “not guilty” after trial. All other tickets will Read on…

The penalty for driving while using a cellular phone or any portable electronic device (i.e. Tablet, GPS device, texting) is now 5 DMV points. Your first step in preserving your rights is to contact an experienced traffic attorney. An experienced traffic attorney can review the facts surrounding the incident and make an informed decision as Read on…

I Have Two Tickets for Driving Without Insurance. What Will Happen? For someone charged under Vehicle and Traffic Law (VTL) Section 319, namely driving a motor vehicle without insurance, the penalties for conviction under this statute are severe. If convicted under VTL 319, not only must you pay hefty court fines and surcharges, but the Read on…

The penalty for driving while using a cellular phone or any portable electronic device (i.e. Tablet, GPS device) is now 5 DMV points. Your first step in preserving your rights is to contact an experienced traffic attorney. An experienced traffic attorney can review the facts surrounding the incident and make an informed decision as to Read on…

If you live in Garden City, it is always wise to hire not only an experienced traffic lawyer, but you should hire one who is familiar with the rules and procedures of the local courts. From my own experience as a criminal and traffic attorney, I can tell you that if you do not know Read on…

There are certain strategies that can be utilized to contest a traffic ticket received on Long Island. Clearly, the main advantage of receiving such a ticket in Nassau and Suffolk County is that there is a prosecutor to speak with about possible reduction from the initial charge. In most cases, you are better off making 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 a motorist is pulled over by a New York law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Ability Impaired by Drugs (DUI), there are various factors that will determine whether a suspect will be detained overnight for arraignment the following morning, or in the alternative, issued a desk appearance 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…

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…

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…

Cell phones are an integral part of our lives; however, we sometimes forget that technology itself can be a double-edged sword: a source of greater productivity and inter connectivity with others, or a potential threat to your personal safety, the safety of others and your livelihood. Cell phone texting while driving has become an increasingly Read on…

In most traffic courts in New York State, if you have retained the services of an attorney, you do not have to personally appear in Court for your speeding ticket. This assumes you have signed an affidavit authorizing your attorney to appear on your behalf and to enter into a plea disposition. An attorney needs 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 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 New York State Department of Motor Vehicles (DMV) does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. Under special agreements, traffic convictions in Quebec or Ontario are recorded on NYS driver license records and carry points. Read on…