DWI & Traffic Tickets
Traffic tickets have a significant impact on your insurance coverage cost, your employment opportunities and perhaps your ability to drive a motor vehicle at all in New York State. If you have a ticket in New York and you have an out of state license you most likely will want to know what impact that will have on your out of state license through your own Department of Motor Vehicles (DMV). It is likely your New York conviction will show on your out of state license.
If you have a New York license you are most likely concerned with the “point system” New York relies upon to impose sanctions both in the Court where the charge is pending and the administratively, in Albany. 11 points in New York will lead to a suspension; 3 speeds in 18 months will lead to a suspension and more recently 6 points of any vehicular violation will lead to Albany imposing on you a sanction for the 6 points and each point over the 6 points. This is a “surcharge” or tax. Albany considers it a privilege to have a license and the DMV has the freedom to impose that money sanction on you, currently the 6 points will cost you $100 and each other point if $25. They will send you a bill don’t worry. New York’s Driver Responsibility information can be found at this location: http://www.dmv.ny.gov/drp.htm
If you have a traffic problem contact our office for a consultation, the staff will complete an intake and perhaps request the ticket and your driver’s abstract and likely talk with the attorney who can suggest a plan or result that might make the ticket a little less burdensome.
The New York point chart can be found below:
|Speeding (MPH over speed limit not indicated)||3||Following too closely||4|
|Speeding (MPH over speed limit):||Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction||3|
|1 – 10 MPH||3|
|11 – 20 MPH||4||Failed to obey a traffic signal, a Stop sign, or a Yield sign||3|
|21 – 30 MPH||6||Railroad crossing violation||3|
|31 – 40 MPH||8||Failed to yield the right-of-way||3|
|More than 40 MPH||11||Passenger safety violation, including seat belt and child safety seat violations for passengers under the age of 16||3|
|Reckless driving||5||Left the scene of an accident that includes property damage or the injury of a domestic animal||3|
|Failed to stop for a school bus||5||Other moving violations||2|
|Inadequate brakes||4||Inadequate brakes (vehicle of an employer)||2|
|Improper cell phone use||3||Use of portable electronic device (“texting”)||3|
Insight into having the points “reduced” In Albany can be found on their site here :
Drivers with junior licenses or a restricted license have even more concerns. Their privilege can be taken away without an immediate hearing under certain conditions.
If you have any questions, please contact our office.
Frequently serving towns and cities in Steuben County of Hornell, Hornellsville, Avoca, Freemont and Howard. You are also likely to have received a ticket in Erwin, Campbell and any other town along the Interstate 86/State Route 17 corridor, including Allegany County.
Driving While Under the Influence/DUI
Though a DWI/DUI does not come with “points” in the NYS DMV Point system, you are automatically assessed the Drive Responsibility fee of $750 for a conviction under the alcohol related statute V&T 1192. It is very unlikely that your case will be pled out of the alcohol related statute as the Legislature intends you have very little chance to “avoid an alcohol” related conviction and the Courts are restricted in their ability to do so based on the law.
On conviction, your privilege granted by New York State to operate a motor vehicle in New York will likely be suspended and you will be ordered to take the necessary Drinking Driver Program (DDP) and assessed a Court fine and surcharge and attend the Victim Impact Panel (VIP). These charges alone are in the area of $2000 let alone the amount of time you will spend in the DWV classroom for the DDP.
The more immediate concern is will I be jailed? The answer is that is depends on your record, your cooperation and your attorney’s ability to navigate the minefield and pitfalls of defending drinking and driving charges.
Please contact our office for a consultation and the staff will take your information and discuss that matter with the Attorney who will most likely return your call within the day in an effort to get on top of the case and begin to set your defense.
The specific facts of the case will drive your disposition, so there is no way to cover every scenario and provide you with a reliable disposition without knowing about your specific case, please call us 607-324-7333.