| Every case is different and there are no guarantees. | | | | York, but that doesn't mean they won't try. |
| Below are rough answers to some questions we hear | | | | When good lawyers negotiate plea bargains, they |
| frequently. | | | | minimize the impact on your insurance rates. For |
| Q: Will I have to go to Court for my speeding ticket? | | | | out-of-state drivers, a lawyer might seek a reduction |
| A: It depends. Without a lawyer you usually do have | | | | to something that has points in New York but not in |
| to appear in Court. In most courts, good lawyers can | | | | your state or province. |
| resolve your speeding ticket or other traffic charge | | | | Q: Can we beat a speeding ticket or traffic charge? |
| without you having to go to Court. Criminal Procedure | | | | A: Yes, but it may not be worth the money. The |
| Law 340.50(2) allows for a lawyer to appear on your | | | | police often make mistakes and we can and do win |
| behalf, if the proper paperwork is taken care of. It is | | | | traffic trials. The most common way you can beat a |
| possible that the prosecution will object, but that is | | | | ticket is if the officer doesn't show up. That is very |
| not common. There are a few courts in the area | | | | rare. The main reason you would fight a ticket is if |
| where you will have to attend, but that is rare. | | | | you already have several points and you can't get a |
| Q: Do I need a lawyer for a speeding ticket? | | | | reduction that will save it. Also, if your job requires a |
| A: No, but in many courts a lawyer will get you a | | | | clean license, it may be cost effective. In most cases |
| better deal than you will get for yourself, with fewer | | | | your lawyer can negotiate a reasonable deal for you. |
| points, a lower fine, less impact on your insurance, | | | | This usually costs much less than doing a trial. You |
| and less hassle. | | | | should discuss this with an experienced traffic lawyer. |
| Q: Will my insurance rates go up if I get a speeding | | | | Q: What do lawyers charge for a speeding ticket? |
| ticket? | | | | A: In upstate New York attorney fees are around |
| A: A speeding conviction or other moving violation will | | | | $500 for most ordinary tickets. If it is a case that will |
| be reported on your New York State driving record. | | | | go to trial, the fees would be higher, perhaps $1000 |
| If you are insured in New York, points on your | | | | or more. Fees for tickets in New York City and |
| license can affect your insurance. It is possible that | | | | downstate counties, and some other areas may be |
| your insurance company won't find out, but the odds | | | | higher. Also, fees are typically higher if the case |
| are that they will. The best way to keep your rates | | | | involves more serious charges. |
| down is to get a good lawyer to negotiate to get | | | | Q: What is the point system? |
| you a reduction. Insurance Law 2335 discusses in | | | | A: When you get convicted of a moving violation the |
| detail what violations can be used by insurance | | | | DMV records points on your New York license. All |
| companies to raise your rates. A good lawyer will | | | | moving violations are at least two points. Most are |
| consider those rules in resolving your ticket. | | | | three points or more. New York recently added a |
| For out-of-state drivers, there is no simple answer. It | | | | new surcharge of $100 per year for three years if |
| is our understanding that New York State reports | | | | you get six points, plus $25 per year for each |
| moving violations to the "Drivers License Compact", | | | | additional point. |
| and that this can affect insurance rates for | | | | The following table shows the point values assigned |
| out-of-state drivers. It seems like this is applied | | | | to moving traffic violations. The "points" are assessed |
| inconsistently. In some cases the home state never | | | | against your driving record based on the date you |
| finds out. We have seen cases where they do. NY | | | | committed the violation, not the date you were |
| tickets definitely can affect drivers in New Jersey, | | | | convicted in court. If you accumulate 11 or more |
| North Carolina, Delaware, Florida, Massachusetts, and | | | | points in 18 months, you will be called to a DMV |
| we have also seen them affect Quebec and Ontario | | | | hearing, after which your license may be suspended |
| licenses. | | | | or revoked. You will be offered the option of waiving |
| For New York drivers who get out-of-state tickets, | | | | the hearing or accepting a definite period of |
| these generally will not affect you. The exception is | | | | suspension. |
| tickets in Quebec and Ontario. However, it is always | | | | Some license revocations and suspensions are |
| possible that your insurance company will find out, | | | | mandatory and do not depend on points. These |
| and if they do, your rates might go up. Under | | | | include three speeding violations within 18 months, |
| Insurance Law 2335, it should not affect you in New | | | | and convictions involving alcohol or drugs. |