19 Jun 20 Things that May Happen if You Got a Traffic Violation
20 Things that May Happen if You Got a Traffic Violation
After you get a traffic ticket, you want to know what happens next and what you can do about it. With the help of the top-rated ny-defense.com, this article will look to highlight 20 things that may happen if you got a traffic violation.
The officer will ask for your license
Being pulled over can be quite scary, especially if it is for the first time. Once a driver has been pulled over for any traffic violation, the officer will typically request his/her license and vehicle registration. According to ny-defense.com, you should remain calm and relaxed, and hand these documents over to the officer.
You will be asked if you are aware of the reason for your stop
The next thing that may happen if you got a traffic violation is that the officer may ask you if you are aware of the reason for the traffic stop. A driver must never admit to anything when asked this question as this admission can and likely will be used against you in court. Don’t be augmentative either, simply be polite and cooperative without acknowledging any wrongdoing.
Review your ticket
As soon as is reasonably possible after your traffic stop, you should review the information on your traffic ticket. As outlined at ny-defense.com, a New York traffic ticket contains a lot of information about the driver, the vehicle, the details of the stop, the charge, the court where it can be challenged, and how to enter a plea.
Note the date
All the information highlighted in the previous point is important. In particular, you must take note of the date by which you must either pay or challenge the ticket. This is crucial as failure to respond to a traffic ticket on time carries its own penalties.
Note down as much information about the stop as you can
Additionally, you need to write down as much information about the traffic stop as possible. Here, you should note down details like the lighting in the area, the amount of foliage, how visible the traffic control sign was, the level of traffic (light, moderate, or heavy), etc.
Don’t pay the ticket
The one mistake that most drivers make when they et a traffic ticket, particularly if it is their first one, is paying the ticket. This would be a huge mistake as paying the ticket is the same as an admission of guilt which will lead to consequences far beyond the fine you may have to pay, including points added to your record, increased insurance premiums, and possible suspension of your license.
Contact an attorney to help
Instead of blindly paying the traffic ticket, you should consult with an attorney like ny-defense.com to determine the best way to beat or reduce the charge. The best person to help decide which course of action to take is an experienced traffic violations attorney.
Make sure you speak to an actual attorney
When contacting a traffic ticket attorney, you must make sure you speak to an actual attorney on the phone before agreeing to hire her/him. This means staying away from ticket-fighting apps, which, while they may seem like an easy answer, have lots of unexpected downsides as discussed at ny-defense.com.
Most traffic courts in New York Stata (except in New York City), require drivers who wish to fight their traffic ticket to attend a pretrial conference before taking the matter to court. The pretrial conference is a chance to negotiate the charges and potentially get the traffic ticket reduced.
What you should be aiming for in your pretrial conference
Ideally, a driver will want the traffic ticket reduced to a no-point offense such as a parking ticket. For more serious tickets, such as driving 21+ mph over the posted limit, getting the charge reduced to a non-speeding or lesser speeding offense may be the goal.
Advantages of hiring an attorney for your pretrial conference
Hiring an attorney like ny-defense.com to handle your pretrial conference offers several advantages. Firstly, an attorney is a threat to the prosecutor’s conviction record, which means that he/she will be more inclined to negotiate a conviction for a lesser charge than risk going to trial and losing altogether. Secondly, experienced attorneys have a relationship with many prosecutors throughout the state and can often leverage these relationships to get the best possible deal for the client.
If you are unable to get a good deal at the pre-trial conference, or if the prosecutor is simply unwilling to negotiate a deal, then you should consider taking your ticket to trial. At the trial, it is up to you to prevent the prosecutor from proving that the alleged offense took place.
What may be required to prevent the prosecutor from proving that the alleged offense took place
This may require some or all of the following:
Asking intelligent, pointed questions of the officer that call into question his judgment or observation (cross-examination)
Responding to questions by the prosecutor, officer, and/or judge
Providing evidence to support any claims made in court
Making legal arguments and motions
Hire an attorney for trial
Most drivers are likely to have a hard time beating a traffic ticket at trial, especially those who are in traffic court for the first time, as one is likely to be nervous or uncertain of how to act, where to go, what to say, etc. This is why it is always best to hire an attorney like ny-defense.com who can walk you through the process and handle all the questions and answers on your behalf. In most cases, it may not even be necessary to show up to court in person if you hire an attorney.
Paying your traffic ticket fine
Unless your ticket is dismissed, pleading guilty to a speeding ticket or a reduced offense will entail the payment of a fine. Deadlines and methods of payment vary from court to court (for instance, some allow credit card payment, others don’t). additionally, those who accumulate 6 points or more from tickets within 18 months will also have to pay the DMV a Driver Responsibility Assessment (DRA) fee.
What if I fail to respond to my ticket in time or show up in court?
According to ny-defense.com, the only thing worse than a traffic ticket is getting your license suspended for failure to respond in a timely fashion, failure to appear in court on a scheduled court date, or failure to pay a fine or DRA by the fine payment deadline. Also, driving while suspended is a crime and could lead to an arrest, jail time, and/or a criminal record. Hiring a lawyer can help you avoid such mishaps.
Full penalties for paying a traffic ticket in New York
The number of points assessed for a traffic ticket will depend on the alleged offense. If it is a speeding ticket, for example, the points assessed will be as follows:
1-10 mph over the limit = 3 points
11-20 mph over the limit = 4 points
21-30 mph over the limit = 6 points
31-40 mph over the limit = 8 points
41+ mph over the limit = 11 points and a suspended license.
If you collect 11 points within 18 months, your license may be suspended.
Traffic fines in New York are not specified on the ticket as they have a fee range that varies by violation type, driving record, and other factors. If you don’t pay on time, you will be charged additional late fees, which is why it is important to always note the deadline on your ticket as covered at ny-defense.com.
It is also important to remember that a mandatory state surcharge of $88 (if ticketed in a city) or $93 (if ticketed in a town/village) is added to each traffic ticket. This raises the final cost considerably and is something first-time offenders are usually unaware of.
Driver Responsibility Assessment (DRA) fee
This is another hidden fee that often surprises drivers getting their first traffic ticket. When a driver accumulates 6 or more points within 18 months, they will be subjected to the following surcharges:
6 points will result in a $100/year surcharge for 3 years ($300 total)
Each additional point will result in a $25/year surcharge for 3 years ($75 total for each point)
If you have been issued a traffic violation ticket in New York State or New York City, then you shouldn’t hesitate to consult with ny-defense.com for help.