Charged with Traffic Violation

Advice On A Full Range Of Traffic Violations Matters

By Jeffrey D. Cohen, Esq.

Almost every driver has gotten a traffic or parking ticket at some point in their life- especially if you are driving around the city of New York. Most of the time, we just mail in the payment for the fine and never look back. However, drivers in New York need to be aware of the impact that a Traffic Infraction can have on their ability to continue driving and maintain the lowest possible insurance rates. Drivers also need to be aware of their right to plead not guilty to a Traffic Ticket. A seasoned criminal defense attorney can explain your rights and help you achieve the best possible outcome on your ticket. Call Jeffrey Cohen at 718-275-5900 with experience in Queens, Manhattan, Bronx, Brooklyn, Nassau and Suffolk Counties.

Common Traffic Violations
  • Speeding
  • Running a red light
  • Passing a school bus
  • Failure to signal
  • Unsafe lane change
  • Failure to yield
  • Leaving the scene of an accident
  • Reckless driving
  • Driving with a suspended license
  • Following too closely
What are some consequences for being convicted?
  • Fines
  • Points
  • Possible License Suspensions/Revocations
  • Driver’s Responsibility Assessments (Payable to DMV)
  • Insurance Surcharges
  • Possible Jail Sentences

The following are Traffic Infractions in New York and the corresponding points that go on your license:

Speeding (MPH over posted limit)
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
Over 40 11
Reckless driving 5
Failed to stop for school bus 5
Followed too closely (tailgating) 4
Inadequate brakes (private car) 4
Inadequate Brakes (employer’s vehicle) 2
Failed to yield right-of-way 3
Disobeying traffic control signal, STOP sign or YIELD sign 3
Railroad crossing violation 3
Improper passing, changing lane unsafely 3
Driving left of center, in wrong direction 3
Leaving scene of property damage incident 3
Child safety restraint violation 3
Improper cell phone use 5
Use of portable electronic device (“texting”) 5
Any other moving violation 2
Consequences of POINTS on your license in New York:
  • When drivers accumulate 11 points or more within an 18 month period, they are subject to the suspension of their driving privileges.
  • If a driver is convicted of three (3) speeding summonses/misdemeanors received within 18 months, their New York license will be revoked for a minimum of six (6) months.
What to do when you receive a Traffic Violation:

First, you must decide if you want to plead guilty, guilty with an explanation, or not guilty.

  • If you plead guilty, you most likely pay the fine and put it behind you. BUT, without consulting an attorney, you really do not know ALL of the implications of pleading guilty to this particular Traffic Infraction/Violation. Is it really just payment a fine? Sometimes it is that simple, and sometimes it can be much more complicated and carry other negative consequences.
  • You may also plead not guilty OR plead guilty with an explanation, which means you are admitting that you committed the violation, but maintain that there were mitigating circumstances you wish to explain to the judge to receive a reduced sentence or dismissal of the ticket.
  • It is important to know that when pleading guilty with an explanation, you ARE ADMITTING GUILT that results in conviction and points being assessed.
  • The only benefit to pleading guilty with an explanation is the judge may deviate from the standard fine schedule if he or she accepts your explanation.

Queens Criminal Defense Lawyer
Law Offices of Jeffrey D. Cohen


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Copyright 2023
Law Offices of Jeffrey D. Cohen

According to one of the industry’s leading Legal Directories based on both Peer and Client reviews, Jeffrey D. Cohen is considered one the best Criminal Defense Lawyers in Kew Gardens.   The lawyers at the Law Offices of Jeffrey D. Cohen are amongst the best Criminal Defense Lawyers Queens, New York.  After meeting with Mr. Cohen and his team, we’d like to see if you too consider him as one of the best Criminal Defense Lawyer in Suffolk County, Nassau County and Queens County which include neighborhoods of Jamaica, Middle Village, Forest Hills, Woodside, Ozone Park, Glen Oaks, Elmhurst, Ridgewood, Jackson Heights, Bayside Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Howard Beach, Ridgewood, Long Island City, as well as other neighborhoods in the counties of Brooklyn, Bronx, Manhattan, and Staten Island.

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