Every case is different and there are no guarantees. Below are rough
answers to some questions we hear frequently about speeding tickets in
New York. We also have pages discussing reckless
driving and aggravated
unlicensed operation (AUO).
E-mail us at wredlich@gmail.com,redlichlaw@gmail.com with any questions.
Or call us at 888-733-5299.
A person answers our phone 24 hours a day.
You can also call David Cooper
in our office at 518-862-1877 x104.
Note that New York is increasing surcharges on tickets, effective July 1, 2008. For speeding tickets this adds about $30. For DWI it is hundreds.
Q: Will I have to go to Court for my speeding
ticket?
A: No. In most cases our lawyers can resolve your speeding ticket or other traffic charge without you having to go to Court. We will send you a form that authorizes us to appear on your behalf and accept a plea bargain. There are a few courts in the area where you will have to attend, but that is rare.
Q: Do I need a lawyer for a speeding ticket?
A: No, but in many courts we will get you a better deal than you will get for yourself, with fewer points, a lower fine and less hassle. Read more about this on our "Why Hire A Traffic Lawyer?" page.
Q: What courts do your lawyers cover?
A: Our lawyers handle speeding tickets and other
traffic cases for most of New York State. We do not handle tickets in
New York City, Long Island
or other states (though we may start handling Massachusetts soon), but
we can refer you to someone who does. Call us to find out more. 888-733-5299.
We also do not handle the cities of Buffalo and Rochester, but we do
handle the towns and villages outside those cities.
Q: Will my insurance rates go up if I get a speeding ticket?
A: A speeding conviction or other moving violation will be reported on your New York State driving record. If you are insured in New York, some violations can affect your insurance. Under Insurance Law § 2335, speeds of 15 mph or less over the limit (i.e. 80 in a 65) should not affect your rates. Also, having one "other" moving violation should not affect your rates. However, this law is written in a confusing manner, and insurance companies may not all follow the law. It is safer to keep your record as clean as possible. The best way to keep your rates down is to get a good lawyer to negotiate to get you a reduction.
For out-of-state
drivers, there is no simple answer. New York State reports most
moving violations to the
"Drivers License Compact", and this can affect insurance rates in your
home state - even if the same violation would not affect NY insurance.
In some cases
the home state never finds out or ignores the violation. We have seen
cases where they do,
especially speeding tickets showing up on New Jersey and Florida
driving records. New York
reports moving violations of Quebec and Ontario drivers directly to
those provinces. For Ontario, speeds of 9 mph (15 kmh) or less over the
limit do not count as points there. Call
us at
888-733-5299 to discuss how we can help protect your home state
(or province)
driving record.
For New York drivers who get out-of-state tickets, these generally will not affect you. We have heard that tickets from Quebec and Ontario can affect a NY driving record, but we've never seen it. It is always possible that your insurance company will find out about an out-of-state violation, and if they do, your rates might go up.
When our lawyers negotiate plea bargains, we do our
best to minimize
the impact on your insurance rates. We will try to get you a reduction
to a non-moving violation with no points, which does not affect your
insurance. If that fails, there is at least one particular 2-point
violation that does not seem to affect insurance, and we will try for
that. For
out-of-state drivers, we might seek a reduction to something that has
points in New York but not in your state or province.
Q: Can we beat a speeding ticket or traffic charge?
A: Most speeding tickets and traffic charges are difficult to beat and it will cost a lot more to fight than to make a deal. The police usually do a good job and most defendants are guilty. Still, the police sometimes slip up. The most common way you can beat a ticket is if the officer doesn’t show up. That is very rare. The main reason you would fight a ticket is if you already have several points and we can’t get a reduction that will save it. Also, if your job requires a clean license, it may be cost effective. Call us and our lawyers will review your case.
Q: What do you charge for a speeding ticket?
A: For most speeding and traffic cases we charge a flat fee of $500. Our fees are higher where there are complications (such as high speeds or suspensions), and where you want a trial instead of just a deal. Read more on our Fees & Payment page.
Q: Will you accept a payment plan on speeding ticket cases?
A: No. We do accept credit cards and debit cards on
most pages of our website and we can generally take such payments over
the phone as well.
Q: What is the point system?
A: For NY drivers, details are below. Other states
have different point systems. Generally, points do not transfer from
one state to the other because the point systems are different. Some
states recognize violations from other states and assign points
according to their own system. NY generally ignores tickets from other
states - as long as you don't ignore them.
When you get convicted of a moving violation the
DMV records points
on your New York record (even if you don't have a NY license). All
moving violations are at least two
points. Most are three points or more. Speeding tickets range from
three to eleven points. New York recently added a new
surcharge of $100 per year for three years if you get six
points, plus $25 per year for each additional point. That works out to
$300 for six points, $450 for eight points, and $600 for ten points.
The following table shows the point values assigned to moving traffic violations. The "points" are assessed against your driving record based on the date you committed the violation, not the date you were convicted in court. If you accumulate 11 or more points in 18 months, you will be called to a DMV hearing, after which your license may be suspended or revoked. You will be offered the option of waiving the hearing or accepting a definite period of suspension.
Some license revocations and suspensions are mandatory and do not depend on points. These include three speeding violations within 18 months, and convictions involving alcohol or drugs.
| VIOLATIONS | POINTS |
| Speeding (mph over posted limit) | |
| 1 to 10 | 3 |
| 11 to 20 | 4 |
| 21 to 30 | 6 |
| 31 to 40 | 8 |
| More than 40 | 11 |
| Reckless Driving | 5 |
| Failure to stop for a School Bus | 5 |
| Following too closely (tailgating) | 4 |
| Inadequate Brakes | 4 |
| (while driving employer’s vehicle) | 2 |
| Failing to Yield Right-Of-Way | 3 |
| Violation Involving Traffic Signal, Stop Sign, or Yield Sign | 3 |
| Railroad Crossing Violation | 3 |
| Improper Passing or Lane Use | 3 |
| Leaving scene of an incident involving property damage or injury to an animal | 3 |
| Child safety restraint violation | 3 |
| Any other moving violation | 2 |
A person answers our phone.
888-733-5299
255 Washington Avenue Extension, Suite 108, Albany, New York 12205
Fax: 518-862-1551 wredlich@gmail.com
Albany Lawyer
Albany NY Speeding Ticket Lawyer
The largest traffic courts we cover are Albany, Schenectady, Guilderland, Colonie, Troy, Rotterdam, Bethlehem, Clifton Park, Malta, Halfmoon, Princetown and Duanesburg.
©2008 Warren Redlich, Esq.
