Some times getting a traffic ticket isn't a big deal.  You sign the back, pay a fine and it's over with.  However, all too often the guilty plea and fine are 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 a chart of some of the most common fines and fees imposed for traffic violations click here.

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.

Why Should You Consider Our Law Firm to represent you?

Retaining a qualified attorney to deal with your traffic ticket can be a confusing affair.  Fees can vary from a a couple of hundred dollars to a couple of thousand and exactly what one attorney or another will do when they represent you can vary just as much.   If you contact our firm you can expect:

• * You can speak directly to an attorney about the circumstances surrounding your ticket

• * Upon receipt of a copy of your ticket, it will immediately be reviewed by an attorney

• * We will provide you with a realistic assessment of what can be accomplished

• * We will immediately obtain your DMV driving record (from whatever state issued your license) so that we can intelligently advise you

• * We will quickly communicate with the court involved and let them know we represent you

• * We will copy you on all communication with the court and/or the officer involved

• * We will promptly provide you with the necessary paperwork so that you do not have to appear in court and we can appear for you

• * We will make sure that we can provide a documented paper trail for all communications with the court by using only certified mail

• * If necessary we will file whatever motions we think may be needed to achieve the best possible result for you

• * We will contact you shortly before we go to court on your case to review the details and strategies we are using

• * The day before we go to court we will run your DMV record again so that we can bring up to date information to court in order to obtain the best possible results

• * If necessary we will represent you at trial, at no extra charge, if that is the best course to pursue

• * The only fees you will pay will be stated clearly, up front.

• * Within 24 hours of appearing in court for you we will advise you of the final outcome of your violation

• * Within a matter of days after the court proceedings you will receive a written summary of the outcome

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.