29 May New York Traffic Tickets: Moving Violations 20 Tips
New York Traffic Tickets: Moving Violations 20 Tips
While you are using New York roadways, you are subject to the rules and laws of the New York State Vehicle and Traffic Law as discussed at ny-defense.com. If a police officer pulls you over and issues you with a traffic ticket, they are claiming that you have violated the New York State Vehicle and Traffic Law, and if the violation is driving-related; committed a moving violation. But what is a moving violation? Through the following 20 tips, this article will look to explain what a moving violation is and what you should do if you are hit with one.
What is a moving violation?
As per discussions on the same at ny-defense.com, moving violations are violations of traffic law that occur when your vehicle is in motion. New York law takes moving violations very seriously because accidents could happen if laws are broken while an automobile is traveling. This, unfortunately, means that drivers end up facing serious penalties when they are cited for a moving violation.
When is an offense a moving violation and when is it not a moving violation?
As already stated, a moving violation occurs when your car is in motion. To give an example, if you are pulled over and handed a ticket for driving a car that is not registered, then that is a moving violation. On the other hand, if your car is parked on the public street without registration, the ticket you may receive is not a moving violation.
Where does responsibility lie for a moving and non-moving violation?
One of the main differences between a moving violation and a non-moving violation is where the responsibility for the offense lies. The responsibility for all moving violations rests upon the driver while the responsibility for non-moving violations rests upon the owner of the vehicle.
What does a moving violation traffic ticket entail?
When you are handed a citation by a law enforcement officer for a moving violation, the citation will usually include instructions for paying a fine, going to court, or for what you must do if you want to plead not guilty and try to fight the citation as outlined at ny-defense.com.
Should I simply pay the fine for a moving violation?
For most people, a moving violation may not seem like anything more than a minor hassle when you are handed a ticket by an officer. While many people may feel like they don’t want to deal with the stress and hassle and would rather pay the required fine and be done with it, this is something you should avoid doing.
Don’t admit to your guilt during the stop
If you are pulled over for a potential moving violation like speeding, the officer may ask you if you know why he/she pulled you over. You should avoid answering this question as your answer can and will likely be used against you in traffic court according to ny-defense.com. Be polite and collaborative without incriminating yourself by elaborating too much on the stop.
Types of moving violations
While there are many examples of moving examples you can be cited for in New York, the most common ones include driving without insurance, failing to yield, running a stop sign, driving on the shoulder of the road, failing to stop for a school bus, tailgating, unsafe lane changes, speeding, among others.
Why you should fight a moving violation instead of just admitting guilt
The following are some of the reasons why you should fight your moving violation rather than simply paying the required fine:
It is an admission of guilt
When you decide to simply pay the fine for your moving violation traffic ticket so that you can be done with it, you should consider the fact that, by doing so, you are admitting to the moving violation. It is an admission that you broke the law, which could have lots of implications down the road beyond the money you will have to pay as a penalty according to ny-defense.com.
Could damage your job prospects
If you are one of those people whose job responsibilities involve driving, then you know that having a clean driving record is very important. Simply paying the fine for a moving violation will mean that jobs that are limited to clean drivers will no longer be open to you because of the moving violation in your driving history.
Points to your driver’s license
You should also note that, other than the fines and surcharges that come with moving violations, these traffic violations also come with points added to your driver’s license. For example, if you are cited for failing to stop for a school bus and you do not fight the charge against you, you could get five points on your license.
Your insurance rates could skyrocket
The points that are added to your driver’s license when you are convicted of a moving violation could add up very quickly, sending your insurance rates skyrocketing. Insurance providers view drivers with lots of points on their record as being high-risk drivers, hence why they increase insurance rates for such drivers.
You could lose your license
As is revealed in discussions on the same at ny-defense.com, if you collect more than 11 points in 18 months, you will have to attend a hearing before an Administrative Law Judge (ALJ), who has the power to suspend or revoke your license. This means that your ability to continue driving your car will be at risk.
Some traffic tickets carry an automatic I year license revocation of your license
While most moving violations carry points and a fine as already mentioned, certain traffic violations will lead to an automatic suspension or revocation of a driver’s license. For example, pleading guilty to driving without insurance or being found guilty of driving without insurance in New York will automatically lead to a 1-year revocation of your driver’s license, in addition to being required to pay a $750 civil penalty along with a fine and surcharge.
You can end up with a criminal record
There are also several traffic offenses in New York that are misdemeanor charges. A conviction to any of those charges will result in a criminal record. If you plead guilty to something as simple as driving with a suspended license, you will end up with a criminal record, unless you were under the age of 19 when the offense was committed and are granted youthful offender status by the court.
Some traffic misdemeanor convictions carry mandatory jail or 3 years’ probation
As outlined at ny-defense.com, some traffic offenses carry even tougher mandatory sentences, including mandatory jail or probation. For example, if you are convicted of Aggravated Unlicensed Operation in the Second Degree, by law the judge must sentence you to jail and/or 3 years’ probation, and a minimum $500 fine, plus a mandatory surcharge.
Accumulating 6 or more points will lead to a driver assessment fee
Regardless of whether you have a New York license or not, in New York State, if you accumulate 6 or more points, with violation points within 18 months, the DMV will impose a driver assessment fee, which is in addition to ant fines, surcharges, and court fees the court may impose. The New York State Driver Assessment fee starts at $300 for 6 points, and for every point over 6 points, the fee is $75 or $25 per year for 3 years.
How a New York attorney can help
Hiring an attorney to help you with your moving violation traffic ticket comes with the following benefits.
Help you explore the possibility of attending traffic school
Your attorney can help you to explore the possibility of attending traffic school so you can reduce points on your license and avoid higher insurance premiums. This is true for ny-defense.com who has experience helping clients with this option.
Help you negotiate a better deal
Your attorney can also help you discover if there is a possible deal to be made by negotiating with the prosecutor to let you admit to a lesser offense than the violation you were accused of in exchange for your admission of guilt. An experienced New York attorney like ny-defense.com can help negotiate your moving violation to a non-moving violation. This is an option that will not be available to you if you were handed a New York City ticket, however.
Help you evaluate the evidence
Your attorney will also help you to objectively evaluate the evidence against you and the nature of the alleged violations to determine if your moving violation accusation is worth fighting or if it makes sense to acquiesce and admit guilt.
Helping you meet deadlines and representing you in court
It is also important to remember that you will need to respond to your ticket within the time frame set, or you could face other consequences. Hiring your attorney will ensure that you meet all the deadlines. An attorney will also represent you in court, which means that most times you won’t be required to show up in court.
If you have been hit by a New York moving violation traffic ticket, then you should check out the excellent ny-defense.com for assistance on how to proceed.