How to Build an Effective New York Traffic Ticket Defense

Traffic Violation Defense in New York

While it's not always possible to successfully defend against a New York traffic violation, there are certain things you can and should do to mitigate the damage – and they start at the time of the violation itself, these will help when fighting speeding ticket in New York.

It should go without saying that you must stop when an officer is trying to pull you over. If you don't feel safe stopping immediately either because of heavy traffic or because you're in an isolated location, slow down, turn on your flashers, and pull over at the first safe place. Once stopped:

• Stay in your car unless told to get out by the officer.
• Be as polite as possible.
• Do not argue and do not admit guilt.
• Once you have been given the ticket, drive away slowly and carefully.

New York Traffic Violation Penalties

It's often wise to fight speeding ticket in New York. If you don't contest a moving violation:

• You will receive points on your driving record that will remain there for 18 months. The number of points depends upon the type of violation.
• If you accrue enough points with an 18-month period, you could lose your license.
• Your vehicle insurance premiums may well increase, particularly if this is not a first offense.

If your ticket was not issued in New York City, parts of Suffolk County, Buffalo, or Rochester – areas covered by the DMV's Traffic Violations Bureau (TVB) – you may be able to plea bargain to a lesser charge. Many prosecutors are willing to do this to avoid further straining over-burdened courts.

TVB tickets are another matter entirely. Plea bargaining is not an option, so you can either plead guilty and pay the fine or plead not guilty and take your chances with a hearing. A TVB administrative official will judge the case. Defense strategies in these situations include:

• Requesting repeated continuances, in hopes that the ticketing officer will not appear and charges will be dismissed.
• Representation by a skilled and experienced NY traffic attorney who will listen carefully to the officer's testimony and try to instill doubt about its accuracy.

Points of contention might include whether the speed limit notice was visible, how the speed was measured and the accuracy of the measurement.

It is important to build an effective traffic violation defense and is best handled by someone who understands the New York traffic laws and has experience representing clients in traffic court.

If you need help fighting a New York traffic ticket, contact the law office of Kenneth S. Feraru for a no-cost initial consultation at (516) 535-3333 or by completing our quick contact web form.