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Traffic Ticket: Frequently Asked
Questions
Q: How much
can a traffic/speeding ticket cost me if
I'm convicted as charged?
A. That
depends on what the violation is and
whether you've had other violations of a
similar sort in the past 18-36 months.
For example, a driver who has not had a
"moving violation" in the past three
years receives a speeding ticket for 86
mph in a 65 mph zone.(a "6 point"
ticket); pleading guilty as charged will
typically result in a fine, imposed by
the court of $200-$300. In
addition, the NYS Department of Motor
Vehicles will impose a "Driver Safety
Assessment Fee" of $100/year for 3
years. Lastly, depending upon what
the policies of your insurance company
are, you could see a substantial
increase in your liability insurance
rates for 3 years. So, a fairly
common ticket can easily result in costs
that run into the thousands of dollars.
For more detailed information on fines
and fees,
click here.
Q: Should I
request a supporting deposition if I
plead Not Guilty to a ticket?
A: That depends
on why you're doing it. If you feel
that you did not commit the violation
you are charged with and intend to
defend yourself at trial, exercising
your right to a supporting deposition
will give you critical information as to
what the officer will testify to.
However, if you did commit the violation
and are asking for the deposition
because you think the officer may not
provide it and this will let you "beat"
the ticket, you might want to think
again. Truth is, the vast majority of
requests for depositions are responded
to in a timely manner. Many times,
these requests do little more than
aggravate the same police officer that
you are going to end up trying to
negotiate a plea deal with. Also, New
York State troopers are now all equipped
with New York's "e-ticket" system which
prints out a completed ticket and a
supporting deposition in the
officer's car at the time you are
stopped!! Often, it takes an attorney
experienced with traffic violations to
know whether requesting a "depo" is a
good idea or not.
Q: If I'm
stopped for speeding what should I do or
say to the officer?
A: First,
remain calm and be polite. Often a
police officer will ask you if you "know
why you've been stopped". Be careful,
anything you say to the officer
can be used against you in court.
Often the best answer is one that
let's the officer know you aren't
arguing with him about the stop, but
aren't going to admit anything, either.
Let the officer tell you what he thinks
you were doing. Sometimes, when the
speeding was not excessive and you have
a reasonable excuse you can get off with
only a warning. But, if you have been
caught "on radar" expect to get a
ticket. Whatever you do, do not argue
with the officer. It gains you nothing
and may cost you when you go to court.
For a funny example of what NOT TO
SAY to a police officer when stopped
for a traffic violation check out this
YouTube video:
Trooper Traffic
Stop (Warning: Video
contains some VERY adult language).
Q: Does
having window or bumper sticker showing
support for police benevolent
associations help?
A: Generally,
no. Police have long ago realized that
people make contributions in the hope
that it will get them out of tickets.
Usually, they're not impressed.
Q: Does a
police officer making a traffic stop
have a right to search my car or my
person?
A: No, unless
the police officer has reason to fear
for his safety or a reasonable suspicion
that a crime (other than a traffic
offense) has occurred he does not have a
right to search you or your car.
However, he can look into your car and
anything he observes that indicates a
violation of the law can give me the
necessary reasonable suspicion to search
both you and your car.
Q: I
pleaded guilty by mail to a speeding
ticket and didn't understand how much it
could cost me in fines and insurance
increases. Is it too late to do
anything about it?
A: No, it's not
too late! If you plead guilty to a
serious traffic ticket without
understanding the consequences and never
consulted an attorney, you many be able
to have your guilty plea vacated and a
more advantageous plea agreement worked
out. Vacating a guilty plea is a
somewhat complex process that usually
only an attorney can do for you.
But, it's doable! If you want
information about how this can be done
contact us.
Q: If a police officer's car was moving in the
opposite direction when he passed me can he still claim to have "caught me on
radar?"
A: Yes, if the officer has one of the more advanced
radar units in his vehicle. All NYS Police Trooper vehicles are equipped
with a radar unit called a "Stalker Dual" and this unit can be used against
vehicles moving in the opposite direction, the same direction or while the
officer is not moving. If the unit is used while the officer is moving it
calculates the "offender" vehicle's speed by determining the speed that the
officer's car and the "offender's" car are approaching each other and then
subtracting the speed of the officer's car. The police car's speed is can
be determined by a linkage to the vehicle's drive train or by measuring the
vehicle's speed compared to stationary objects like the road or trees on the
side of the road. However, this method of speed measurement is considered
one of the least reliable of all modes that radar or laser can be used in.
Q: If a police officer uses a "laser" unit to
determine the speed of a car is this harder to fight than if the officer used
"radar?"
A: No, laser speed measurement can be very accurate
(even more accurate than radar) if the unit is used properly and under the
correct conditions. However, generally police do not use the units in
accordance with the manufacturers instructions and often use them at a range
that makes the reported speed results highly questionable. Also, appellate
courts in NYS have not given "judicial notice" to the use of this technology.
This means that if a case comes to trial the prosecution must demonstrate to the
court that the scientific principles underlying the technology are broadly
accepted. Many attorney's would rather fight a "laser" ticket than a
"radar" ticket.
Q: What are the chances of winning a traffic
trial?
A: That depends on several different factors.
First, where the trial will occur? In New York City, parts of Long Island
and a few upstate cities traffic offenses are handled in "Hearing Bureaus"
operated by the NYS DMV. In these Hearings trials take place before an
administrative law judge who works for the DMV. Also, unlike traffic
trials in other courts the standard of proof the the prosecution must bear is
very low (basically that a majority of the evidence supports the charge,
otherwise known by the legal phrase "preponderance of the evidence").
However, in the other parts of the state traffic trials are conducted in local
town, village or city courts. In these courts the burden of proof is the
same as in a criminal trial, namely "beyond a reasonable doubt." That
said, traffic trials are never easy to win. If a case is simply the
defendant's testimony ("I wasn't speeding") against the police officer's
testimony ("I clocked him on my properly calibrated and operated radar"), the
defendant will lose the vast majority of the time. However, where there is
a technical defense, witnesses were present or the police officer does not make
a very good witness, then the defendant's chances improve significantly.
Q: I have been told by a "speeding ticket agency"
that they will guarantee that I will not receive any points on my license or
they will give me my money back. Why will some attorneys not make similar
guarantees?
There's two things wrong with such "guarantees."
First, no attorney should ever guarantee a result. It's simply dishonest.
The best an attorney can do is give you a reasonable prediction of what he or
she believes is likely to happen. In addition, a "money
back" guarantee is a violation of rules of ethics that New York attorneys are
required to follow. These rules of ethics prohibit contingency fees in
criminal cases (which traffic violations are considered part of). A "money
back" guarantee is a fee "contingent" on the outcomeo of a case and, therefore a
serious ethical violation.
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Hudson Valley
Communities Served
Orange County, NY
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Blooming Grove, Town of Blooming Grove, Bullville, Campbell
Hall, Central Valley, Town of Chester, Village of Chester, Chester, Town
of Cornwall, Cornwall on Hudson, Cornwall, Town of Crawford, Crawford, Village
of Florida,
Florida, Fort Montgomery, Town of Goshen, Village of Goshen, Goshen, Town of
Greenville, Greenville, Greenwood Lake, Town of Hamptonburgh, Hamptonburgh, Village of Harriman,
Harriman, Town of
Highlands, Highlands, Highland Falls, Highland Mills,
Village of Maybrook, Maybrook, City of Middletown, Middletown, Town of Minisink,
Minisink, Town of Monroe, Village of Monroe, Monroe, Town of Montgomery, Village of
Montgomery, Montgomery, Town of New Windsor, New Windsor,
City of Newburgh, Town of Newburgh, Newburgh, Otisville, Port
Jervis, City of Port Jervis, Salisbury Mills, Slate Hill, Town
of Tuxedo, Village of Tuxedo, Tuxedo Park, Tuxedo, Unionville, United
States Military Academy, Vails Gate, Walden, Town of Wallkill, Wallkill, Town of Warwick,
Village of Warwick,
Warwick, Washingtonville, Town of Wawayanda, Wawayanda, West Point,
Westtown, Town of Woodbury, Village of Woodbury, Woodbury.
Orange County, NY - Courts Served:
Blooming
Grove Town Court, Chester Town Court, Chester Village Court,lCornwall Town
Court, Crawford Town Court, Deerpark Town Court, Florida Village Court,
Goshen Town Court, Goshen Village Court, Greenville Town Court, Greenwood
Lake Village Court, Hamptonburgh Town Court, Harriman Village Court,
Highlands Town Court, Maybrook Village Court, Middletown City Court,
Minisink Town Court, Monroe Town Court, Monroe Village Court, Montgomery
Town Court, Montgomery Village Court, Mount Hope Town Court, New Windsor
Town Court, Newburgh City Court, Newburgh Town Court, Orange County Court,
Otisville Village Court, Port Jervis City Court, Tuxedo Town Court,
Unionville Village Court, Walden Village Court, Wallkill Town Court, Warwick
Town Court, Warwick Village Court, Washington Village Court, Wawayanda Town
Court, Woodbury Town Court.
(for Orange County
address/phone number directory,
click here).
Ulster County, NY
-
Accord, Bearsville,
Big Indian, Bloomington, Boiceville, Cherrytown, Chichester, Clintondale,
Connelly, Cottekill, Cragsmoor, Eddyville, Ellenville, Esopus, Gardiner,
Glasco, Glenford, Grahamsville, Greenfield Park, High Falls, Highland,
Highmount, Hurley, Kerhonkson, Kingston, Krumville, Lake Hill, Lake Katrine,
Leibhardt, Lyonsville, Malden, Malden Hudson, Malden on Hudson, Marlboro,
Marlborough, Mettacahonts, Milton, Mldn on Hdsn, Modena, Mount Marion, Mount
Merion Park, Mount Tremper, Napanoch, New Paltz, Olive, Olivebridge,
Oliverea, Phoenicia, Pine Hill, Plattekill, Port Ewen, Rifton, Rosendale,
Ruby, Saint Remy, Samsonville, Saugerties, Shady, Shandaken, Shokan, Spring
Glen, Stone Ridge, Sundown, The Vly, Tillson, Ulster Park, Walker Valley,
Wallkill, Wawarsing, West Camp, West Hurley, West Park, West Saugerties,
West Shokan, Whitfield, Willow, Woodstock,
Town of
Denning,
Village of
Ellenville,
Town of
Esopus,
Town of Gardiner,
Town of
Hardenburgh,
Town of Hurley,
Town of Kingston,
Town of Lloyd,
Town of Marbletown, Town of
Marlborough,
Town of
New Paltz,
Town of Olive,
Town of Plattekill,
Town of
Rochester,
Town of
Rosendale,
Town of Saugerties, Town of
Shandaken,
Town of Shawangunk,
Town of Ulster,
Town of Warwarsing, Town of
Woodstock
Ulster County, NY - Courts Served:
Denning
Town Court, Ellenville Village Court, Esopus Town Court, Gardiner Town
Court, Hardenburgh Town Court, Hurley Town Court, Kingston City Court,
Kingston Town Court, Lloyd Town Court, Marbletown Town Court, Marlborough
Town Court, New Paltz Town Court, New Paltz Village Court, Olive Town Court,
Plattekill Town Court, Rochester Town Court, Rosendale Town Court,
Saugerties Town Court, Saugerties Village Court, Shandaken Town Court,
Shawangunk Town Court, Ulster County Court, Ulster Town Court, Villain
Village Court, Wawarsing Town Court, Woodstock Town Court.
(for Ulster County
address/phone number directory,
click here).
Sullivan County, NY
-
Barryville, Bethel,
Bloomingburg, Burlingham, Callicoon, Callicoon Center, Claryville, Cochecton,
Cochecton Center, Eldred, Fallsburg, Ferndale, Forestburg, Forestburgh,
Fremont, Fremont Center, Glen Spey, Glen Wild, Grahamsville, Hankins,
Harris, Highland Lake, Hortonville, Hurleyville, Jeffersonville, Kauneonga
Lake, Kenoza Lake, Kiamesha Lake, Lake Huntington, Lew Beach, Liberty,
Livingston Manor, Loch Sheldrake, Long Eddy, Mongaup Valley, Monticello,
Mountain Dale, Mountaindale, Narrowsburg, Neversink, North Branch, Obernburg,
Parksville, Phillipsport, Pond Eddy, Port Jervis, Rock Hill, Roscoe,
Smallwood, South Fallsburg, Summitville, Swan Lake, Thompsonville,
Westbrookville, White Lake, White Sulphur Springs, Woodbourne, Woodridge,
Wurtsboro, Youngsville, Yulan, Town of Bethel, Town of Callicoon, Town of
Cochecton, Town of Delaware, Town of Fallsburgh, Town of Freemont, Town of
Highland, Town of Liberty, Town of Lumberland, Town of Mamakating, Town of
Rockland, Town of Neversink, Town of Thompson, Town of Tusten.
Sullivan County, NY - Courts Served:
Bethel
Town Court, Bloomingburg Village Court, Callicoon Town Court, Cochecton Town
Court, Delaware Town Court, Fallsburg Town Court, Forestburgh Town Court,
Fremont Town Court, Highland Town Court, Liberty Town Court, Liberty Village
Court, Lumberland Town Court, Mamakating Town Court, Monticello Village
Court, Neversink Town Court, Rockland Town Court, Sullivan County Court,
Thompson Town Court, Tusten Town Court, Woodridge Village Court.
(for Sullivan County
address/phone number directory,
click here).
Putnam County, NY
-
Adams Corners,
Brewster, Carmel, Cold Spring, Crofts Corners, Garrison, Kent Cliffs, Lake
Carmel, Lake Lincolndale, Lake Mahopac, Lake Peekskill, Lake Secor, Mahopac,
Mahopac Falls, Manitou, Nelsonville, North Highland, Oscawana Lake,
Patterson, Philipstown, Putnam Valley, Sears Corners, Southeast, Tompkins
Corners, Town of Kent Lakes, Town of Southeast, Town of Patterson, Town of
Philipstown, Town of Carmel, Town of Putnam Lakes.
Putnam County, NY - Courts Served:
Brewster
Village Court, Carmel Town Court, Cold Spring Village Court, Kent Town
Court, Nelsonville Village Court, Patterson Town Court, Philipstown Town
Court, Putnam County Court, Putnam Valley Town Court, Southeast Town Court.
(for Putnam County
address/phone number directory,
click here).
Dutchess County, NY
-
Amenia,
Arlington,
Beacon,
City of Beacon,
Beekman,
Brinckerhoff,
Clinton,
Crown Heights,
Dover Plains,
Dover,
East Fishkill,
Fairview,
Fishkill,
Fishkill,
Haviland,
Hillside Lake,
Hopewell Junction,
Hyde Park,
La Grange,
Milan,
Millbrook,
Millerton,
Myers Corner,
North East,
Pawling,
Pawling,
Pine Plains,
Pleasant Valley,
Poughkeepsie,
Red Hook,
Red Hook,
Red Oaks Mill,
Rhinebeck,
Rhinebeck,
Spackenkill,
Staatsburg,
Stanford,
Tivoli,
Union Vale,
Wappinger,
Wappingers Falls,
Washington,
Town of Amenia,
Town of Beekman, Town of
Clinton, Town of
Dover, Town of
East Fishkill,
Town of
Fishkill,
Village of
Fishkill,
Town of
Hyde Park,
Town of
LaGrange,
Town of
Milan,
Town of
Millbrook,
Town of
North
East,
Town of
Pawling,
Village of
Pawling,
Town of
Pine PLains,
Town of
Pleasant Valley,
Town of
Poughkeepsie,
City of Poughkeepsie, Town of
Red Hook,
Village Red Hook,
Town of
RhineBeck,
Village of
Rhinebeck, Town of
Stanford,
Village of
Tivoli,
Village of
Union Vale,
Town of
Wappinger,
Willage of
Wappingers Falls,
Town of
Washington.
Dutchess County, NY - Courts Served:
Amenia
Town Court, Beacon City Court, Beekman Town Court, Clinton Town Court, Dover
Town Court, Dutchess County Court, East Fishkill Town Court, Fishkill Town
Court, Fishkill Village Court, Hyde Park Town Court, LaGrange Town Court,
Milan Town Court, Millbrook Village Court, Millerton Village Court, North
East Town Court, Pawling Town Court, Pawling Village Court, Pine Plains Town
Court, Pleasant Valley Town Court, Poughkeepsie City Court, Poughkeepsie
Town Court, Red Hook Town Court, Red Hook Village Court, Rhinebeck Town
Court, Rhinebeck Village Court, Stanford Town Court, Tivoli Village Court,
Union Vale Town Court, Wappinger Town Court, Wappingers Falls Village Court,
Washington Town Court.
(for Dutchess County
address/phone number directory,
click here).
Rockland County, NY
-
Town of Clarkstown, Town
of Haverstraw, Town of Orangetown, Town of Ramapo, Town of Stony Point,
Upper Nyack, Nyack, Pomona, Haverstraw, West Haverstraw, Grand View,
Piermont, South Nyack, Airmont, Chestnut Ridge, Hillburn, Kaser, New
Hempstead, New Square, Montibello, Sloatsburg, Spring Valley, Suffern,
Wesley Hills.
Rockland County, NY - Courts Served:
Airmont
Village Court, Chestnut Ridge Village Court, Clarkstown Town Court, Grand
View-On-Hudson Village Court, Haverstraw Town Court, Haverstraw Village
Court, Hillburn Village Court, New Square Village Court, Nyack Village
Court, Orangetown Town Court, Piermont Village Court, Ramapo Town Court,
Rockland County Court, Rockland County Supreme Court - Criminal Term,
Sloatsburg Village Court, South Nyack Village Court, Spring Valley Village
Court, Stony Point Town Court, Suffern Village Court, Upper Nyack Village
Court, Wesley Hills Village Court, West Haverstraw Village Court.
(for Rockland County
address/phone number directory,
click here).
Westchester County, NY
-
Village
of Ardsley, Town of Bedford, Town of Briarcliff, Village of Bronxville,
Village of Buchanan, Town of Courtlandt, Town of Croton-On-Hudson, Village
of Dobbs Ferry, Town of Eastchester, Village of Elmsford, Town of Greenburgh,
Town of Harrison, Village of Hastings-on-Hudson, Village of Irvington,
Village of Larchmont Village, Town of Lewisboro, Town of Mamaroneck, Village
of Mamaroneck, Mount Kisco, Town of Mount Pleasant, City of Mount Vernon,
Town of New Castle, City of New Rochelle, Town of North Castle, Town of
North Salem, Town of Ossining, Village of Ossining, City of Peekskill, Town
of Pelham, Village of Pleasantville, Village of Port Chester, Town of Pound
Ridge, City of Rye, Town of Rye, Village of Scarsdale Village, Village of
Sleepy Hollow, Town of Somers, Village of Tarrytown, Village of Tuckahoe,
County of Westchester, City of White Plains, City of Yonkers, Town of
Yorktown
Westchester County, NY - Courts Served:
Ardsley
Village Court, Bedford Town Court, Briarcliff Manor Town Court, Bronxville
Village Court, Buchanan Village Court, Cortlandt Town Court,
Croton-On-Hudson Town Court, Dobbs Ferry Village Court, Eastchester Town
Court, Elmsford Village Court, Greenburgh Town Court, Harrison Town Court,
Hastings-on-Hudson Village Court, Irvington Village Court, Larchmont Village
Court, Lewisboro Town Court, Mamaroneck Town Court, Mamaroneck Village
Court, Mount Kisco Justice Court, Mount Pleasant Town Court, Mount Vernon
City Court, New Castle Town Court, New Rochelle City Court, North Castle
Town Court, North Salem Town Court, Ossining Town Court, Ossining Village
Court, Peekskill City Court, Pelham Town Court, Pleasantville Village Court,
Port Chester Village Court, Pound Ridge Town Court, Rye City Court, Rye Town
Court, Scarsdale Village Court, Sleepy Hollow Village Court, Somers Town
Court, Tarrytown Village Court, Tuckahoe Village Court, Westchester County
Court, White Plains City Court, Yonkers City Court, Yorktown Town Court.
(for Westchester
County address/phone number directory,
click here).
Columbia County, NY
-
Ancram
Town Court, Austerlitz Town Court, Canaan Town Court, Chatham Town Court,
Chatham Village Court, Claverack Town Court, Clermont Town Court, Columbia
County Court, Copake Town Court, Gallatin Town Court, Germantown Town Court,
Ghent Town Court, Greenport Town Court, Hillsdale Town Court, Hudson City
Court, Kinderhook Town Court, Kinderhook Village Court, Livingston Town
Court, New Lebanon Town Court, Philmont Village Court, Stockport Town Court,
Stuyvesant Town Court, Taghkanic Town Court, Valatie Village Court.
Greene County, NY
-
Ashland
Town Court, Athens Town Court, Athens Village Court, Cairo Town Court,
Catskill Town Court, Catskill Village Court, Coxsackie Town Court, Durham
Town Court, Greene County Court, Greenville Town Court, Halcott Town Court,
Hunter Town Court, Jewett Town Court, Lexington Town Court, New Baltimore
Town Court, Prattsville Town Court, Tannersville Village Court, Windham Town
Court. (for
Westchester County address/phone number directory,
click here).
Highways With
High Intensity NYS State Police Activity
NYS
Thruway, I-87, I-84, Route 17, Taconic
Parkway, Palisades Parkway, Route 209,
Route 28, Route 6.
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