For most drivers getting a traffic ticket isn't a big deal.  They sign the back, pay a fine and it's over with.  But, if you have a CDL and drive for a living, particularly if you drive for a trucking company, the consequences of a simple speeding ticket can be dramatic.  A single speeding ticket can take a driver off the road!  In addition, commercial drivers don't just face the usual traffic violations that most drivers do.  They also face a whole multitude of violations contained in New York State's Transportation Law (TL).  These vary from different overweight violations (depending upon the road you're on the limits are different), to having the right permits for the cab or trailer.  The scariest part of this is that most TL violations are the responsibility of the vehicle owner...BUT, the tickets are written to the driver!  Some violations of TL are actually crimes.  For example, a log book violation is a misdemeanor offense in NYS.  Even something as arcane as the Environment Conservation Law can bite a CDL holder.  A fuel tank leak can lead to a driver being charged with a misdemeanor for depositing a "noisesome substance" on a public highway. 

 For CDL holders a traffic violation conviction, even when driving their private car can have the same effect on employment as a conviction while driving for work.  If a driver wanted to just plead guilty, all too often the fine is only the beginning of a costly experience.  If the ticket was for a "moving violation" such as speeding, failure to obey a traffic signal or sign, failing to maintain lane, etc., the guilty plea is reported to the NYS Department of Motor Vehicles where it becomes part of a driver's record.  Each violation has a statutorily prescribed "point" value that stays on a driver's record for 18 months.  Speeding tickets have a minimum "point" value of 3 and a potential maximum of 11.  If a driver's point total reaches 11 or more points a mandatory mandatory 31 days suspension (for first time suspensions) will be imposed unless the driver asks for a "license suspension hearing".  At such a hearing a driver can dispute the accuracy of the DMV's recordsbut, unless some problem in record keeping has occurred the typical result is that driving privileges will be suspended for anywhere from 31 days to one year.  If  a driver accumulates more than 6 points in any 18 month period a special surcharge of $150/year can be imposed by the DMV.  Also, if you are convicted of 3 separate speeding violations that occurred within 18 months your license must be suspended for 6 months.  To see a complete chart of how many points each type of violation incurs, click here.  To see information regarding the fines and fees that may be imposed for traffic violations click here.

For CDL holders with an out-of-state license, a traffic violation conviction in NYS can have an even more devastating impact than if they held a NY license.  A traffic violation conviction in NYS will be reported to a driver's home state Motor Vehicle Department.  In some states offenses that involved speeding at over 20 mph above the limit can even result in a suspension or probation period on the drivers license.  It will not matter that the violation occurred in NYS, it simply matters how fast driver was accused of going and what the speed limit was.

The DMV record is also checked by automobile insurance companies every time auto insurance comes up for renewal or a new application for insurance is made.  A moving violation on a driver's record virtually guarantees an increase in insurance rates.  Depending upon how many points have accumulated the increase in rates can be dramatic, sometimes as much as twice the previous rate.  Moreover, if enough points have accumulated an insurance company may refuse to renew or decline to provide a new policy.  In those cases a driver will be forced to obtain insurance through the NYS "assigned risk" pool.  Insurance rates in the assigned risk pool are very, very high.

When Should I Hire An Attorney?

Many drivers facing serious moving violations find that obtaining legal representation is essential to protecting their rights and obtaining the most favorable result from court proceedings.  Often an attorney will be able to negotiate a reduced charge, sometimes eliminating the charges that have "points" associated with them.  Sometimes the ticket itself may be flawed and an attorney can get the charges dismissed based up a flawed complaint by the officer that issued the ticket. 

Also, if you don't live near the court that the ticket the ticket specifies you can have an attorney make an appearance for you, so that you don't have to attend the court proceedings at all.  For information about fees to be represented by the Law Offices of Glenn W. Magnell click here.  For a free, no obligation case review and fee quotation click here.

How Easy Is It to "Beat" a Ticket?

Any attorney that tells you or advertises that they can "beat" any ticket is misleading you and should make you wonder about the honesty of a person who wants to be your legal counsel.  It's true that there are technical flaws that can cause a ticket to be dismissed.  For example, the officer may not show up on your trial date or you can be found "not guilty" after a trial in front of a judge.  However, if you have received a moving violation that is properly written (most of them are) and the police officer performs their duties  in accordance with the law (most of them do), a trial will almost always result in a conviction.  As a result, by far the most common outcome is a "plea bargain" that is struck between you (or your attorney) and the officer.  An attorney will work to obtain the best offer possible and one that will result in no or few points on your license.  Note: plea bargaining on moving violations is largely an 'upstate' phenomena.  It does not occur in NYC or on most of LI.

Frequently Asked Questions  (click here)

Misc. Motor Vehicle Misdemeanors and Felonies

Moving violations are not the only vehicle related charges that a driver can face.  There are also a variety of different offenses that are classified as either "misdemeanors" or "felonies" and can cost you both a great deal of money and potentially result in your being sentenced to jail or prison, if you are found guilty.  Vehicular Manslaughter, Criminally Negligent Homicide, Reckless Endangerment and  Aggravated Unlicensed Operation of a motor vehicle are all examples of vehicle related crimes.  If you are charged with a misdemeanor or a felony it usually means that you will be arrested, fingerprinted, booked and may be required to post bail.  If you are charged with either a misdemeanor or a felony you should always retain an attorney to protect your rights and defend you against prosecution.

The most common, vehicle related, criminal charges (misdemeanor or felony) are Driving While Intoxicated and Aggravated Unlicensed Operation.  A DWI conviction can result in the restriction, suspension or revocation of your license, and the imposition of heavy fines and/or jail time.  It can also result in your insurance company dropping your auto insurance (which will force you into the 'assigned risk' pool and easily double your insurance costs).  DWI and DWAI (Driving While Ability Impaired) are specialized areas of law and require representation by an attorney that understands all the potential technical and legal defenses.  To learn more about DWI/DWAI click here.

Aggravated Unlicensed Operation of a Motor Vehicle (known as "AUO") is also a very commonly charged offense.  AUO is almost always charged if a driver with a suspended or revoked license is stopped by the police.  As a result, even a minor traffic infraction can result in a misdemeanor or felony charge if your driving privileges have been suspended or revoked.  AUO can be charged as a 'Class A or B' misdemeanor or, in unusual cases it can be charged as a Felony offense.  There are very solid defenses available when "AUO" is charged.  An attorney with experience and a good knowledge of recent appellate decisions can often get the charges reduced to a simple violation or even get the charges dismissed.

Hudson Valley- Counties Served                   

         Orange County, Putnam County, Dutchess County, Ulster County, Rockland County

Hudson Valley Communities Served

Orange County

Arden, Balmville, Bellvale, Town of Blooming Grove, Bullville, Campbell Hall, Central Valley, Town of Chester, Village of Chester, Circleville, Town of Cornwall, Cornwall on Hudson, Town of Crawford, Cuddebackville, Village of Florida, Fort Montgomery, Godeffroy, Town of Goshen, Village of Goshen, Town of Greenville, Greenwood Lake, Town of Hamptonburgh, Village of Harriman, Town of Highlands, Highland Falls, Highland Mills, Howells, Huguenot, Johnson, Village of Maybrook, Mid Hudson, Middle Hope, City of Middletown, Town of Minisink, Town of Monroe, Village of Monroe, Town of Montgomery, Village of Montgomery,  Mountainville, New Hampton, New Milford, Town of New Windsor, City of Newburgh, Town of Newburgh, Otisville, Pine Bush, Pine Island, Port Jervis, Rock Tavern, Salisbury Mills, Silver Lake, Slate Hill, Southfields, Sparrow Bush, Sparrowbush, Sterling Forest, Sugar Loaf, Thompson Ridge, Town of Tuxedo, Village of Tuxedo, Tuxedo Park, U S C C, Unionville, United States Military Academy, Vails Gate, Walden, Town of Wallkill, Town of Warwick, Village of Warwick,  Washingtonville, Town of Wawayanda, West Point, Westtown, Town of Woodbury.
 

Ulster County

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
 

Sullivan County

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.

Putnam County

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.

Dutchess County

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.

Rockland County

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.

Highways With High Intensity State Police Activity

               NYS Thruway, I-87, I-84, Route 17, Taconic Parkway, Palisades Parkway, Route 209, Route 28, Route 6.