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Traffic Infractions

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:

VIOLATIONPOINTS
Speeding (MPH over posted limit)
1 to 103
11 to 204
21 to 306
31 to 408
Over 4011
Reckless driving5
Failed to stop for school bus5
Followed too closely (tailgating)4
Inadequate brakes (private car)4
Inadequate Brakes (employer’s vehicle)2
Failed to yield right-of-way3
Disobeying traffic control signal, STOP sign or YIELD sign3
Railroad crossing violation3
Improper passing, changing lane unsafely3
Driving left of center, in wrong direction3
Leaving scene of property damage incident3
Child safety restraint violation3
Improper cell phone use5
Use of portable electronic device (“texting”)5
Any other moving violation2

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.

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Call 718-275-5900 for more information about Traffic Tickets in New York or to schedule your free consultation with a New York Criminal Defense lawyer from The Law Office of Jeffrey D. Cohen.