03 Apr What Happens During a Traffic Hearing
Fighting your traffic violation is important because the outcome can affect you for years. Even if you feel the fine is bearable, you can still have surcharges that inflict even more financial damage on your bank account. Points on your license affect your insurance rates and accrue, making it easier for you to lose your license if more infractions occur.
This means that fighting every traffic ticket is always a good idea. If the prospect of appearing in traffic court is daunting to you, you can enlist help. But, here is a snapshot of what to expect:
Non-Criminal Moving Violations
These are tried in the Division of Motor Vehicles Traffic Violations Bureau for NYC and Rochester residents. They do not include parking violations, which are not handled by the DMV but rather by the local town, village, or city government. However, if parking tickets are not paid, the DMV may be notified, and they then can suspend your registration.
As for appearing in court, you might feel better knowing that you are innocent until proven guilty. Presiding over the case is the ALJ—a DMV Administrative Law Judge—who is a specially trained attorney. You can choose to testify or not, and you can have an attorney appear in your place. You may bring witnesses and evidence to help support your case. If you kept your original ticket, bringing it is important. Not only will it capture any mistakes the officer made, but it will be proof that you did not alter it.
The Legal Process
The officer who ticketed you will be sworn in and must present clear and convincing evidence of your fault. Your attorney can then cross-examine the officer, pointing out mistakes or gaps in his testimony or methods. Knowing the finer points of how speeding and other tickets are issued and how they are written up greatly helps your ability to mount a convincing counterargument.
The ALJ will determine if you are innocent and the amount of any fines you will have to pay. He or she also has the power to use the law to suspend your vehicle registration and revoke or suspend your license if you’re viewed as a liability on the road. If you are found guilty, you may file an appeal, but if you did not do well your first time around, you might consider getting a professional traffic attorney on the case.
Help from an NYC Traffic Violation Attorney
The Traffic Violations Bureau says that if you want to know what to expect at your hearing, you can attend an open hearing at any TVB office. You can also talk to the Law Office of James Medows for a free consultation. Attorney Medows can tell you what to expect and also how he can help you through the process. He can even go to court for you.
Don’t end up having your license suspended or revoked. Don’t pay unnecessary fees and surcharges for years. Don’t be choked by increased insurance payments all because of one ticket. Explore your options by calling or texting 917-856-1247 or by completing the contact form on this page.