Fighting a Cell Phone Ticket in New York City
How to Fight a Texting While Driving Ticket in New York City - NYC.jpg

FIGHTING A CELL PHONE TICKET IN NEW YORK CITY

Since the establishment of Mayor Bill de Blasio's Vision Zero initiatives intended to increase public safety on the road, traffic ticket revenues have become big business for New York City. In 2016, the city collected a record $1.9 billion in fines and fees on everything from speed cameras to parking violations. These revenues continue to grow as the city increases enforcement of tougher new laws.

With the passing of a confusing series of new laws, drivers are subject to more potential violations than ever. Ignorance of the law is never a defense, yet drivers can often find themselves bewildered by the reason for the ticket they receive. Debating or arguing ticketing rationale with the police or traffic enforcement officer never works,can result in a frustrating experience with the officer and  leaves drivers with the choice of paying high fines and fees or going to court.

Cell Phone and Electronic Device Laws Can Be Confusing

 

One of the toughest laws on the books addresses the use cell phones or other electronic devices while driving in New York. If you’ve received a cell phone ticket, you may be surprised at the reason.

New York City’s Vehicle and Traffic Law Section 1225(c) & (d) outlines the violations for cell phone use and other portable electronic devices. The list and circumstances are considerable.

In general, a cell phone may not be used while a vehicle is in motion. For commercial vehicles, the law goes further by explicitly stating that a driver may not use a cell phone even when stationary in situations like a stop light or stand-still traffic jam. In order to use a cell phone, a vehicle must be motionless and parked off a public way.

This aspect of the law is typically what most drivers understand the ban against cell phone use while driving to mean. The law goes further, however, for all drivers. Specifically, paragraph 2(b) of the section states:

“An operator of any motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call.”

What this statement can mean is that even if a driver is merely holding a phone near the ear, they are assumed to be talking on it. A police or traffic enforcement officer has complete discretion on how to apply this section of the law. For many, this discretion can open the door to arbitrary ticketing.

New York City traffic attorneys have been seeing instances where drivers can be, and have been, ticketed for cell phone violations even when they are not engaged in a call.

Many Kinds Of Electronic Devices Can Result in Ticketing

The law does not limit violations solely to cell phones, but includes other electronic devices as well. Many types of electronic devices are prohibited, and they include hand-held devices like, pagers, gps, electronic games, or anything with mobile data access such as a laptop.

Even “viewing” can be considered a violation, which includes all GPS devices. In a decision last June 2017, The Third Department Appellate Division stated that the definition includes “any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands.” It seems that the court is giving even more discretion to law enforcement.

Cell Phone Fees and Fines

Fines and fees for violating the distracted driving laws come at a high price. For a first offense, 5 points immediately go on a license and the fine can be up to $200. For subsequent additional violations, the fines can increase up to $450 and an addition 5 point penalty is imposed for each individual violation. Surcharges  also are automatic, with an $88 surcharge per violation and additional assessment fees for excessive points.

While the cost of fines and fees are obvious initial expenses, tickets can cause additional long-term problems with insurance and license points. Points are cumulative over an 18-month period and can result in more fees and penalties, or licenses suspension or revocation. In addition, even after the 18-month period, a violation remains on a driver’s record permanently and can be used as a reason for insurance companies to raise premiums for years after the event.

Fighting a Cell Phone Ticket in NYC

New York traffic attorneys are well-versed in responding to traffic citations. The court system can be confusing, especially when the underlying law is confusing as well. With their experience, traffic lawyers can help sort through the complex laws as well as the the legal procedures involved that might reduce fines or even get tickets dismissed

The good news for drivers is that when the original distracted driving law was passed in 2011, Governor Cuomo indicated it had a “rebuttable presumption.” What that means is that while a ticket can be issued for sometimes unclear reasons, it can be dismissed in a court law under certain circumstances.

Consult a New York City Traffic Attorney for Texting Tickets

Drivers should know that paying the fine for a cell phone ticket is an admission of guilt. The fines, fees, and points are then guaranteed with no recourse. Consulting with a New York traffic lawyer can provide critical guidance for particular situations that can save time, money, and reputation in the long run.
 

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Michael Beer
High Distracted Driving Fines Are Getting Attention
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High Distracted Driving Fines Are Getting Attention

As New York continues to pursue safe driving enforcement on city streets, it has focused on raising fines and punishment as an incentive for drivers to follow existing and  new laws. While the goals are honorable and often necessary, enforcement has been largely based on traffic officer observations, which can be prone to bias and ambiguity.

In New York City, for instance, Mayor de Blasio’s Vision Zero program has stepped up enforcement and increased fines for everything from block-the-box violations and double-parking, to delivery bans and seatbelt use. Ticketing has increased by astronomical rates. In just five years, from 2011 to 2016, tickets for texting alone increased 840%. While some educational efforts have been made, people who become the subject of the fines often have no idea about which laws they presumably have violated.

Distracted Driving Concerns

According to the National Highway Traffic Safety Administration, approximately 3,500 people died in 2016 due to distracted driving and another 400,000 received serious injury. The claimed causes for distracted driving are varied and broad.

Common causes have included looking anywhere but the road ahead, using your hands for anything but driving, or even thinking about anything except driving. With definitions like these, the rationale for ticketing can be incredibly broad and discretionary.

New York City’s Tough Regulations

New York City’s Vehicle and Traffic Law Section 1225(c) & (d) outline the violations for cell phone use and other portable electronic devices. Hand-held devices cover a wide range of items that include cell phones, music or game players, and devices that have any type of mobile data access. Even some GPS devices can be used as an excuse to write a ticket.

What’s more, a driver does not have to be using the device to violate the law. According to the law, if an officer observes a device in someone’s hand for any reason, the person is presumed to be using it. In June 2017, The Third Department Appellate Division further refined the definition even more “to encompass any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands.” Ironically, this refinement actually makes the basis for a ticket more broad.

The High Cost of Violations

The fines for violating the distracted driving laws can be substantial. For a first offense, the fine can be up to $200, plus 5 points on a license. For every violation after the first, the fines can increase up to $450. The 5 point license penalty is also imposed for each individual violation. Further costs for drivers include a $93 surcharge per violation, assessment fees for excessive points, as well as the potential to increase insurance premiums.

What You Can Do to Fight a Distracted Driving Ticket

Clearly, the financial costs for paying the fines and penalties can have a severe impact on drivers for years. A New York traffic attorney, however, may be the best defense to reduce the damages. In 2011 when the original distracted driving law was passed, Governor Cuomo described it as having a “rebuttable presumption.” In other words, a ticket can be dismissed under certain circumstances in a court of law.

A traffic lawyer in NYC can be the biggest ally in defending against a distracted driving citation. With such a broad description for what constitutes a distraction, New York traffic attorneys can be the biggest ally in attempting to reduce or dismiss a ticket. As legal experts familiar with the often confusing NYC court system, they know how to navigate the complicated means of fighting a ticket.

In particular, the “presumption of use” aspect of the law opens the door to arbitrary enforcement. If, for instance, a driver was not actually using a device, the burden of proof falls on them. A traffic lawyer can help determine if evidence is sufficient to reduce or even dismiss a violation.

Consult A Traffic Attorney Before Paying Fines

Once you pay a fine, you have admitted guilt. The simple act of sending a check can lead to more costs in the long run, costs that might be avoidable. Traffic attorneys are willing to consult for little or no fee on particular circumstances and evaluate the likelihood of reducing and dismissing fines and penalties.

Points stay on a license for years and can lead to other increased fines and insurance rate increases. You should assess your situation with the longview in mind.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.



 

Michael Beer
Aggressive Enforcement of NYC Block The Box Tickets Has Arrived
Waxman and Beer NYC Traffic Ticket Lawyers

AGGRESSIVE ENFORCEMENT OF NYC BLOCK THE BOX TICKETS HAS ARRIVED

Aggressive Enforcement of NYC Block The Box Tickets Has Arrived

In October 2017, New York City Mayor De Blasio announced a series of “clear” initiatives in an effort to battle ongoing traffic congestion in the city. Among those plans was “Clear Intersections,” which would entail higher enforcement of “block the box” laws, also known as spillback or gridlock violations, throughout the city.

Five months later, the city is now rolling out Clear Intersections. In keeping with Mayor De Blasio’s aggressive traffic enforcement strategies, police and traffic enforcement officers will be out in force to write tickets in 50 targeted intersections throughout the city. The new push for ticketing will focus on the “spillback” law--also known as “block the box.” In support of the effort, the city has hired an additional 50 uniformed officers in additional to the existing 3,000 member force.

Blocking The Box Fines Attempt To Reduce Congestion--At a High Price for Drivers

Under the New York Vehicle and Traffic Law (VTL), S 1175, spillback is defined as:

“Obstructing traffic at intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn unless there is adequate space on the opposite side of the intersection to accommodate the vehicle he is driving notwithstanding the indication of a traffic control signal which would permit him to proceed.”

The violation code (VC) for a block-the-box fine is VC 9, which is part of the parking violation code list.The fine for a spillback violation is $115 and possible additional surcharges and court fees, if written as a parking violation or $138 and 2 points if written as a moving violation.

The spillback law has been around as a moving violation for years, but in 2008, the violation was given a dual status--moving violation and parking violation. The change means that the ticket can be written up not only by police officers but also some 3,000 additional traffic enforcement officers. The likelihood of being cited for the violation, in other words, has increased dramatically.

Since the intent of spillback laws is to reduce congestion, a driver pulling over to receive a ticket can cause more traffic problems. To make it even easier for ticket writers, New York City enforcement officers now have hand-held devices in which they simply enter your license number without stopping you. You may not even know you have been ticketed until you receive a citation in the mail a few days later.

Fighting a Block the Box Ticket Can Be Done

With so many more enforcement officers on the streets, New York City traffic attorneys expect to see a spike in the number of tickets issued for spillback. The citation can cause frustration and contention. No one likes gridlock, but no one likes getting a ticket for a situation they did not cause either. Since a block the box ticket is entirely discretionary, a gray area exists as to whether the ticket was fair.

If you do receive a ticket, it might be worth fighting. A traffic attorney in New York City has experience working through the court system and can advise you--often with an initial free consultation--on the chances of beating a ticket.

What To Do If You Receive a Spillback Ticket in New York City

The spillback law applies everywhere in the city. The new, aggressive campaign will target specific intersections (listed below for your convenience). If you have received a citation in these particular areas, you might have been the victim of overzealous ticketing.

When you receive a spill back citation, write down everything you can remember about the situation that led to the ticketing. Context can matter. You might, for instance, have been forced to stop by a driver in another vehicle or a pedestrian causing an unanticipated delay.

Remember, the “box” in blocking-the-box is typically defined by the area within the white lines formed by the crosswalks in an intersection. Make careful note where your vehicle actually was when the ticketing occurred.

These suggestions or other mitigating situations do not guarantee your ticket will be dismissed, but they might have an impact on what a judge thinks about the fairness of the citation. Congestion is a citywide problem that has as much to do with lane design, pedestrian actions and awareness, and even increased ridesharing services clogging the streets as it does with driving issues.

Consulting with an NYC traffic lawyer can help determine whether to fight a ticket. With so many new regulations and fines for traffic enforcement in the city and an aggressive, overwhelming staff of officers, drivers are more at risk than ever for high, unreasonable fines.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.

CONTACT US BEFORE YOU PLEAD GUILTY

Clear Intersections will be in effect at the following locations:

Manhattan

1. Broadway & West 57 Street
2. Dyer Avenue & West 41 Street
3. Fort Washington Avenue & West 165 Street
4. 3 Avenue & East 36 Street
5. Broadway & Spring Street
6. Delancey Street & Bowery
7. Delancey Street & Allen Street
8. 9 Avenue & West 207 Street
9. 10 Avenue & West 40 Street
10. West Side Highway (9A)/12 AV & West 51 Street
11. Broadway & Canal Street
12. Canal Street & Centre Street
13. Delancey Street & Essex Street
14. Hudson Street & Beach Street/Ericsson Place
15. 3 Avenue & East 57 Street
16. 3 Avenue & East 58 Street
17. 3 Avenue & East 59 Street
18. 3 Avenue & East 35 Street
19. 6 Avenue & Watts Street
20. 10 Avenue & West 41 Street
21. Broadway and Broome Street
22. Broadway and Chambers Street
23. Broadway & West 66 Street
24. Amsterdam Avenue & 181 Street
25. Canal Street & West Broadway
26. Hudson Street & Laight Street
27. Hudson Street & Vestry Street

Queens

28. Queens Boulevard & Skillman Avenue
29. Northern Boulevard & Queens Boulevard
30. Queens Boulevard & Roosevelt Avenue
31. Astoria Boulevard & 31 Street
32. 21 Street & 49 Avenue
33. Laurel Hill Boulevard & 65 Place
34. Queens Midtown Expressway *N S/R & Grand Avenue
35. Main Street & Roosevelt Avenue
36. 71 Avenue & Austin Street
37. 37 Avenue & 138 Street
38. Metropolitan Avenue & 60 Street
39. Queens Plaza South (SR) & 28 Street


The Bronx

40. 135 Street & Third Avenue

Brooklyn

41. Flatbush Avenue & 8 Avenue
42. Atlantic Avenue & Pennsylvania Avenue
43. 86 Street & 7 Avenue
44. Tillary Street & Jay Street
45. Flatbush Avenue & Myrtle Avenue

Staten Island

46. College of Staten Island & Victory Boulevard
47. Narrows Road South & Hylan Boulevard w/b @ Steuben Street
48. Narrows Road South & Hylan Boulevard
49. Narrows Road South & Fingerboard Road
50. Narrows Road North & Fingerboard Road

Michael Beer
Higher Penalty Likely for Passing a Stopped School Bus in New York
School Bus Ticket in New York - Traffic Lawyer

HIGHER PENALTY LIKELY FOR PASSING A STOPPED SCHOOL BUS IN NEW YORK

Higher Penalty Likely for Passing a Stopped School Bus in New York

The New York State legislature is considering increasing the penalties for passing a stopped school bus. In addition to existing fines, fees, and penalties, drivers will have their licenses suspended for an automatic 60 days if convicted of the offense two or more times in a 10-year period. The measure has passed the Senate and now goes to the Assembly for consideration.

The penalties for passing a stopped school bus are already severe. Depending on the number of traffic violations on record, fines can reach up to $1,000 and possible imprisonment up to 180 days. At the end of the suspension period, an additional $50 or $100 suspension termination fee is assessed.

The fine includes 5 points on the license for each violation as well. The license points for passing a stopped school bus can lead to significant financial issues. If a driver receives 6 or more points on a license within an 18-month window, a Driver Responsibility Assessment fee is incurred.

For example, if a driver receives a school bus citation under the proposed penalty--5 points--a single speeding ticket for traveling just 10 miles an hour over the limit--3 more points--will immediately place the license above 6 points. The assessment  fees are $100 per year for three years, plus another $25 per point, per year for each point over 6. Points remain on a license for 18 months, but will always remain on the driver’s record, which can have increased insurance cost ramifications as well.

A Suspended License Penalty Is A Driving Enforcement Strategy

Because driving is such a critical need for everyone's living, state law often turns to revoking or suspending licenses to enforce traffic laws or pressure drivers to comply with laws that actually have nothing to do with driving. New York City traffic attorneys have been working these type of cases for years to ensure fairness for drivers who may have mitigating circumstances.

Under New York State law, a driver’s license can be suspended for a number of reasons. Some situations are not surprising, for instance when a driver:

  • did not answer a traffic ticket or pay a fine

  • did not file a motor vehicle accident report when appropriate

  • did not have automobile liability insurance

  • accumulated a certain number of traffic tickets

Other instances are intended to force a driver to comply with issues unrelated to driving:

  • failure to pay child support

  • failure to pay New York State taxes

  • conviction of certain alcohol- or drug-related offenses

  • a medical condition that might create unsafe driving

The Difference Between a Suspended and Revoked License

Some suspended licenses issues are easily rectified. Paying outstanding fines or catching up on child support payments can be enough to reinstate a driving privilege. Other violations need the experience of traffic attorneys to work through the complexity of the DMV, the court system, and the laws.

For instance, under New York State law, a driver can have a license suspended or revoked, which are two very different situations. A suspended license means a license is still valid, but temporarily suspended for a period of time. Usually the driver has to perform some task--pay a fee, for instance--and wait out the penalty period. A revoked license, however, cancels the license, meaning the driver no longer has the right to drive.

The only way to regain a license that has been revoked is to apply for a new one. A revoked license is much harder to restore, and a traffic attorney might be the only option to remedy it. The DMV does not have to grant a new license either if it deems the driver has an unsafe record.

Whether a license is suspended or revoked, the consequences can be dramatic and devastating. For many people, driving is the only means for them to travel for work, take care of their children, or handle medical needs. Drivers risk losing their jobs or being able to secure a new job if they can’t drive. The issue can also have stressful ripple effects for friends and family who either rely on the driver for help or who try to assist the driver with driving during the suspension period.

Getting Legal Advice for A Suspended License

New York traffic attorneys understand the situations in which a suspended or revoked licenses can be fought. With the number of overlapping laws involved, they can often find ways to reduce points and penalties or even keep a license from being suspended entirely. For instance, in some cases  the court system might permit a hardship license (called a restricted or conditional license) that allows the driver to drive under specific circumstances, such as to and from work or to medical appointments. Every case is different, and traffic attorneys have experience with the best strategies for a given situation.

If you receive a traffic violation and you pay the fine, you admit guilt to the traffic charge. Before doing so, drivers should at least consult with a New York traffic lawyer to understand the best course of action. Due to the costs and difficulties of maintaining a regular life, you should try to reduce driving penalties whenever possible. The court system does recognize that mistakes can be made and sometimes a plea deal can be accomplished to reduce the damage.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local NYC traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Michael Beer
New York City Traffic Congestion Pricing Proposals Will Mean More Traffic Fines
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New York City Traffic Congestion Pricing Proposals Will Mean More Traffic Fines

New York City Traffic Congestion Pricing Proposals Will Mean More Traffic Fines

Governor Cuomo’s traffic congestion pricing plans for New York City have prompted much contention, but little consensus. On one side, ride-hailing services, taxi associations, and New York City traffic lawyers are pointing out the unfairness of the unilateral plans, while big business contends traffic congestion is costing them over $100 billion over five years. Caught in the middle are everyday working drivers and commuters who will ultimately bear the cost burden of the proposal in fees and traffic violation fines.

New York City Traffic Congestion Needs Fair Solutions

Manhattan’s central business districts (CBDs) slow to a crawl daily with an average speed of 4.7 miles per hour. That’s a drop from from 6.5 miles per hour in 2012. The culprits, depending on who is asked, are the increase in popular car services or the unreliability of a failing subway system. Truck and taxi drivers--critical components of serving businesses in the city--are also being blamed.

Governor Cuomo’s answer the problem is a congestion pricing toll plan for lower Manhattan that will hit the pockets of every driver---including the working class whose jobs require them to be on the road every day. The four-month review by Cuomo’s Fix New York City panel released this past week in January, reveals a multi-pronged plan that assesses fees on any vehicle operating in lower Manhattan south of 60th street.

The panel proposed several fee schemes specifically targeting taxis and for-hire vehicles (FHVs) like Uber and Lyft. Depending on day and time, the proposed fees range from a $2 to $5 surcharge on each ride--with an additional option of hitting every ride south of 96th Street. Delivery trucks will take an even bigger hit--over $25 every time a truck enters the CBD.

Drivers Are Blamed Despite Other Factors

The panel justifies its conclusions in two basic ways. Citing successes of similar programs in London, Milan, and Stockholm and the fact that FHVs on the streets have more than doubled in the last four years. Interestingly, none of the other compared programs specifically target taxis and FHVs with such high fees and in several instances the vehicles are exempt. The comparative fees in US cities with congestion pricing like Seattle and Chicago are paltry in comparison.

Besides FHVs, the panel cites several factors contributing to congestion in Manhattan including reduced road space due to increased bus and bike lanes as well as new pedestrian plazas. Yet, traffic--which the streets exist for--are targeted for shouldering the cost of congestion. Meanwhile, despite the increases in ridership, the failing infrastructure of the MTA subway system will take at least a decade and cost a proposed $8 billion. The panel’s solution is to bill drivers under its traffic congestion pricing plans to help pay for it.

More Traffic Enforcement Means More Fines

New York City Mayor de Blasio does not fully support the governor’s plan, though he has signaled he is willing to dialog with the governor. De Blasio, however, has helped pushed through several pieces of legislation that also raises the cost of doing business for drivers in Manhattan.

De Blasio established new laws and fines through his Vision Zero initiatives that already make truck deliveries more difficult and costly. His Vision Zero initiatives, intended to reduce pedestrian injuries and fatalities, have increased fees and fines for parking and moving violations across the city. Speeding fines for instance, can go as high as $975 dollars in fines. As a result, New York traffic lawyers have seen a spike in clients objecting to unfair and arbitrary enforcement.

The Fix New York City panel suggests immediately increasing traffic enforcement--which has risen dramatically in the past few years under Vision Zero. Its report specifically cites spillback (also known as “block the box”) laws and bus lane violations.

The spillback law, long on the books, was once a moving violation but now considered a parking violation. While drivers no longer receive license points for violating the spillback law, the $100+ fine remains. Making it a parking violation means that not only can police officers issue the citations, but an additional 3,000 traffic enforcement officers can as well--making it much more likely to get one. This ticketing is discretionary--and often arbitrary.

The bus lane violation remains a moving violation, meaning it must be issued by a police officer, and includes 2 points on a license. Again, timing is everything when it comes to the validity of this violation, and with fines upwards of $150 plus the 2 points, drivers often have long-term license and financial complications. Since these fines and violations are difficult for the average driver to fight, New York traffic lawyers must step in to challenge unfairness and protect drivers unnecessarily fined.

Another area of concern for New York City traffic attorneys defending clients is the failure to yield and improper turn laws. Even without pressure from Fix New York City’s program, improper turn tickets have increased 40% and failure to yield citations have risen a dramatic 234% in recent years.

Every time a new traffic initiative becomes law, the city finds a way to increase staffing to issue more tickets. While the Vision Zero program has been more tightly focused on specific streets and intersections, the Fix New York City proposals seek to cover a huge area of the city. More enforcement on more drivers will clog an already overwhelmed traffic court. With delays and lack of clarity on how to challenge a ticket, drivers often make the mistake of paying--which is an admission of guilt--then being caught with more fees, surcharges, and insurance increases. Before paying any ticket, traffic attorneys recommend consulting with traffic law firms--often with a free consult--to determine the best course of action.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!
CALL WAXMAN & BEER
212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.

Michael Beer
New York Drivers Face Increased Enforcement of Texting While Driving Laws
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NEW YORK DRIVERS FACE INCREASED ENFORCEMENT OF TEXTING WHILE DRIVING LAWS

New York Drivers Face Increased Enforcement of Texting While Driving Laws

By now, people are aware of New York City’s new tougher policies over traffic enforcement. While lauded in many corners--appropriately when its goal is saving lives--some policies run the risk of overly aggressive and discretionary enforcement. With the risk of hundreds of dollars in fines and point penalties on licenses, drivers need to be aware of the laws and ensure that they are being treated fairly and appropriately.

The New York Texting and Driving Law

Enacted in 2009, New York’s first texting and driving law was considered a secondary offense--meaning a driver only could be cited for texting if they were pulled over for another reason, but not for texting itself. In 2011, however, the Vehicle and Traffic Law Section 1225(d) was amended to make texting and driving a primary defense--meaning an officer can pull over a driver if they observe a driver using an electronic device.

The current 2011 law has a presumption of use if a driver is observed with some kind of electronic device in their hand. An officer does not have to know the driver is using the device. The fact that the device is seen in the driver’s hand is reason enough to pull over a driver and issue a citation without question.

The definition of an electronic hand-held electronic device is fairly broad and includes cell phones, MP3 players, game device, or any device with mobile data access. Most recently, in June 2017, The Third Department Appellate Division further refined the definition “to encompass any portable electronic device that diverts a driver’s attention away from the road and prevents the full use of a driver’s hands.” It remains to be seen how subjective this interpretation will be.

The penalty for violating the texting while driving or using any electronic device laws is a fine up to a $200 fine for the first offense plus 5 points on a license. The per violation fine escalates for every citation after the first--up to $450. An additional 5 points are imposed for  each violation. In addition, surcharges apply up to $93 per violation. These fines and penalties can have a significant impact on drivers and their livelihoods that a traffic lawyer in NYC and elsewhere throughout the state can advise drivers about.

For drivers, this definition means any defense against a ticket must go to court. Back in 2011, when the original law was passed, Governor Cuomo called the way the law is written “a rebuttable presumption,” meaning a ticket can be dismissed under certain circumstances. A New York traffic attorney can advise on the viability of a defense or help reduce the ticket to a lower violation. Given the broad interpretation of “use,” it might be wise to fight a ticket, particularly if a question exists over what constitutes a distraction.

Stepped Up Texting Enforcement Under NYC’s Vision Zero

With the introduction of NYC’s Vision Zero initiatives, drivers have experienced a surge in enforcement of traffic violations of all kinds. Between 2011 and 2016, the number of tickets written for texting while driving increased an astonishing 840%. By May 2017, the number of tickets for texting increased another 49% from the previous year--from 11,736 to 17,508. With such a significant increase, it’s no surprise that questions of aggressive enforcement are being raised.

This fall, NYC Mayor de Blasio announced a plan to increase the city’s Enforcement Task Force from 40 to 80 staff members, as well as increase the number of uniformed police officers by 110. While this announcement was made in conjunction with a different Vision Zero initiative, these officers will also be enforcing all traffic laws, including the texting while driving or using an electronic device rules. Given the steep increase in ticketing the city has seen in just one year, more drivers than ever will be subjected to citations.

New York Traffic Attorneys Can Advise Drivers of Their Rights

Traffic attorneys experienced in New York traffic law can provide significant benefits when contesting a ticket. When drivers self-represent, they are held to the same rules and procedures as lawyers, but might not know the necessary things to consider and watch for during a hearing or trial. A traffic hearing might seem simple, but often turn on technical details or precedents that average driver has no way to be aware of.

With the presumption of use, it falls to the driver to “prove” they were not using their devices. Between aggressive enforcement and a court system that defers to officers over drivers, defending against a violation often falls on technical details or sophisticated knowledge of the law.

Paying A Traffic Ticket Can Have High Financial Consequences

For many drivers, simply paying the fine seems to be the easiest solution. The issue with pleading guilty to using an electronic device, however, has long-term consequences.

Each texting or electronic use violation comes with 5 points on a license. A license holder with 6 points in an 18-month period--just one more point than a single texting violation--is assessed an additional fee called the Driver Responsibility Assessment Fee. That fee is a minimum of $100 per year for three years, plus another $25 per point over 6 points per year. It can add up quickly.

These points stay on the license for several years and if they accumulate to a certain point, a license can be suspended or revoked. Insurance carriers also consider driving records when assessing premiums, meaning points can cause insurance costs to skyrocket for years.

Drivers Need To Know Their Options

That “simple” one-time fine payment can lead to thousands of dollars in fees, fines, and insurance spikes in a short time. A single consultation with a New York traffic attorney can provide valuable information on how to fight a texting ticket, reduce fines or points on a violation, or even have a ticket dismissed.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!
CALL WAXMAN & BEER
212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.

Michael Beer
Mayor de Blasio’s War on Traffic Continues with Delivery Bans During Rush Hours
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Mayor de Blasio’s War on Traffic Continues with Delivery Bans During Rush Hours

Mayor de Blasio’s War on Traffic Continues with Delivery Bans During Rush Hours

Traffic congestion has been a major concern in New York City seemingly forever. The Vision Zero program, aimed at reducing pedestrian injuries and fatalities by slowing traffic, has also increased the number of traffic violations issued to drivers. New York traffic lawyers are busy keeping up with challenging these violations, many of which can be arbitrary and discretionary, and result in high fines and points. With de Blasio’s new New York City delivery truck bans, the high cost of ticketing for delivery drivers promises to rise substantially.

De Blasio continues to crack down on traffic violations, adding more and more enforcement staff with new initiatives. After doing little to reduce congestion, the mayor’s plan seems aimed at drivers who have no control over the situation. According to the Mayor, vehicle speed in Midtown Manhattan has decreased by 23 percent over the last seven years. The average speed in the city is estimated to be a crawling 5 and 10 mph. Private drivers and other commercial vehicles contribute to the problem, but it’s delivery trucks that are going to pay for it.

Clear Curbs Initiative Takes Aim at NYC Delivery Trucks

De Blasio’s new program includes five initiatives to keep traffic lanes clear--or drivers will face stiff fines. The most controversial initiative is called Clear Curbs, which will ban truck deliveries in congested areas of the city from 7am to 10 am and 4 pm to 7 pm. The targeted areas for the initial testing of the plan include:

  • Manhattan (Midtown): the zone bounded by Sixth Ave. to the west, Madison Ave. to the East, 45th St. to the south and 50th St. to the north.
  • Queens (Jackson Heights and Corona): Roosevelt Ave., Broadway to 108th St.
  • Brooklyn (Downtown, Park Slope, Prospect Heights): Flatbush Ave, Grand Army Plaza to Tillary St.

Pick-up and drop-off of passengers and deliveries to off-street loading docks will still be allowed. As with any enforcement, this is, of course, open to interpretation.

The pilot program will begin in January 2018 and last six months. After that, the city will reassess the impact of the idea.

Clear Lanes Initiative Will Restrict Routine Deliveries

The other delivery truck restrictions, called Clear Lanes, will restrict truck deliveries in New York on 11 crosstown streets. One side of the street will allow deliveries, while the opposite will ban them entirely from 6 am to 7 pm. Clear Lane streets will include:

  • 60th and 59th Sts. (Fifth to Second Ave.)
  • 58th St. (Lexington to Second Ave.)
  • 54th St. (Eighth to Third Ave.)
  • 53rd St. (Ninth to Third Ave.)


Merchants and drivers are not pleased with the proposals and program. “The plan makes no sense at all,” said Nelson Eusebio, a board member for the National Supermarket Association. “The 7 am to 10 am part is definitely going to hurt us. That’s when retailers get most of their deliveries.”

The hours of the ban are bound to create havoc for delivery drivers on a schedule as well as for businesses needing to pay workers to come in early and stay later for shipping and receiving. In addition, the drivers will be facing stepped up police enforcement and fines for violations.

To enforce the new regulations, the city will increase the Enforcement Task Force from 40 to 80 and add another 110 uniformed police. These traffic officers will also focus on “blocking the box” enforcement meant to reduce gridlock at over 50 key intersections as well as moving violations at other incident-prone locations.

The estimated $10 million cost for this staffing, according to de Blasio, will come entirely from fees generated. New York traffic attorneys are already expressing concern that the need to pay for higher enforcement of the program may lead to questionable ticketing. NYC Traffic Lawyers Are Watching the Situation Closely

The city is also looking for ways to fine delivery trucks traveling in NYC without making deliveries. How the city intends to distinguish between empty trucks after deliveries or vehicles passing through remains to be seen..

Critics across the spectrum have pointed out the flaws in the mayor’s programs. According to some, alternatives like congestion toll pricing, improving the public transit system, or adding tolls to East River bridges all would have more effective results than fining drivers trying to do their jobs.

In the meantime, drivers getting hit with these fines should consult with a traffic attorney that specializes in New York City traffic law. With drivers making multiple daily deliveries and enforcement out to make an example of some, the cost of fines can quickly escalate. The Clear Curb and Clear Lanes initiatives, both brand new and untried, are bound to create unfair practices and unclear ticketing in its pilot program that every driver should know their rights.


FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!
CALL WAXMAN & BEER
212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums.

Michael Beer
New NY Law Requires Taxi Seat Belt Use—Or Face Big Fines
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New NY Law Requires Taxi Seat Belt Use—Or Face Big Fines

After years of wending its way to Albany, a new traffic law requiring cab drivers and other commercial drivers to wear seat belts was signed by Gov. Andrew Cuomo on October 24.

NYC Vision Zero Violations - For Cab Drivers

The law, initiated under Mayor DeBlasio’s NYC Vision Zero program, brings seat belt laws for taxi drivers and their passengers in line with existing laws for private drivers. The Vision Zero program develops rules, legislation, and communications strategies to improve traffic safety with the goal of reducing fatalities and serious injuries to zero.

The new law requires that “no person shall operate a taxi or livery unless such person is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in the front seat of a taxi or livery unless such person is restrained by a safety belt approved by the commissioner.”

Closing a Legislative Loophole for New York Traffic Tickets

Previously, by a quirk of definition, taxis were defined as mass transit, a category that includes buses and subways, which are exempt from seat belt requirements. While laws for private drivers and passengers have been on the books since the 1980s, taxis have been excluded despite periodic attempts to change the law. With the implementation of Vision Zero in NYC, lawmakers have become much more amenable to passing legislation designed to increase passenger safety.

“Seat belts save lives and ... this is a common sense approach to expanding their use,” Taxi and Limousine Commission chairwoman Meera Joshi said. “We’ve had a lot of success using high-tech to solve customer-service and safety challenges, but sometimes, going ‘back to the future’ to a lower-tech solution like seat belts is the answer you need.”

New York City Traffic Ticket Fines Will Be Imposed

Parents and guardians of children under the age of 16 who are not properly restrained with seat belts will received the fine. In taxis and liveries, drivers are not responsible for passengers that do not comply with the law, although, as drivers, they now have to wear seat belts themselves.

The New York Taxi Workers Alliance has expressed reservations about the new law due to an already competitive environment with other for-hire services like Uber and Lyft. Executive Director Bhairavi Desai raised concerns that seat belts restrain drivers too much—interfering with helping passengers and processing cash payments—and might slow down service. He acknowledged the new law will take some time for drivers to get used to, despite fears they will be targeted by law enforcement.

Passengers over the age of 16 riding in the back seat are not required to wear seat belts. The Taxi and Limousine Commission notes that 65% of passengers injured in cab crashes were not wearing seat belts.

The new law goes into effect in November 2017. Violators will face tickets of up to $100 for each violation.

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local NYC traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Michael Beer
Tips about NYC’s "Vision Zero" 25-Miles-Per-Hour Speed Limit
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Tips about NYC’s "Vision Zero" 25-Miles-Per-Hour Speed Limit

NYC’s Vision Zero Impact:

In 2014, the DeBlasio administration rolled out the Vision Zero Action Plan for New York City. Vision Zero takes an aggressive, multi-pronged approach to reducing pedestrian traffic injuries and deaths through public dialogue & education, law enforcement, street design, and legislation. In particular, fines and penalties are increasing, other penalties have become more severe, and the likelihood of receiving a traffic citation has increased dramatically.

NYC has a traffic ticket conviction rate of about 60% and higher. Although the odds are not favorable, they do indicate that you can get a ticket dismissed. A New York Traffic Ticket Lawyer who specializes in Vision Zero Tickets, such as New York Speeding Tickets, NYC Turning Violation Tickets, failure to yield to pedestrian tickets in New York will be an ideal advocate.

Experienced NY Traffic Attorneys know the law and procedures, and, most importantly, how the traffic court system in New York can be made to work in your favor.

Drivers can represent themselves, but dismissals are often achieved over technical details that drivers might never know or understand. If you want to speak with a 5 star rated NYC Traffic Lawyer right away, reach out to Waxman & Beer in Cedarhurst, NY at 212-269-3988.

Impact of High Traffic Enforcement

Drivers need to be aware of the increased enforcement and the costs associated with conviction on a traffic charge. The Vision Zero program has lowered the speed limit across the city, increased the number of slow zones, and installed hundreds of traffic and red light cameras, all providing more opportunities to issue traffic violations.

For 2016, 60% of all traffic citations were Vision Zero hazardous driving violations. The numbers are compelling. The NYPD issued:

  • Over 137,000 speeding tickets, a 78% increase since 2011
  • 42,000 tickets for failure to yield in a crosswalk, a 243% increase since 2011
  • 1,900 tickets and 39 arrests for drivers that hit a pedestrian or cyclist in violation of Right of Way laws

Success At a High Cost

Vision Zero has seen promising numbers in the reduction in pedestrian injury and death. In its recent report, the DeBlasio administration boasts significant success in stepping up enforcement.

The chart below illustrates the marked increase in summonses issued since the inception of the program.

The level of aggressive enforcement has created a greater need for a New York City traffic attorney to represent drivers in hearings to ensure they are treated fairly under the new program. The complexities of these costs are not always evident, and drivers issued citations need to be aware of their rights before pleading guilty to a New York traffic ticket.

The Rising Cost of New York City Traffic Violations

For an experienced traffic lawyer in NYC, these numbers are not surprising. The volume of drivers seeking a New York traffic attorney has increased, and for drivers who need to fight a speeding ticket in NYC, the stakes are high.

Speeding Tickets in New York City

Under Article 30, Section 1180-1 of the New York State Vehicle & Traffic Laws, the fine for speeding violations starts from the first mile over the speed limit.

  Speeding Tickets in New York City Graph   Note: NYC TVB does not impose jail time.  Data Source:  NYS VTL, Article 30 §1180-1

Speeding Tickets in New York City Graph

Note: NYC TVB does not impose jail time.

Data Source: NYS VTL, Article 30 §1180-1

The Vision Zero program is seeking ways to increase these fines.

Failure to Yield

As part of the Vision Zero program, the New York City Administrative Code was amended to include Local Law No. 29 of 2014 entitled “Right of Way.” Under this law, drivers convicted of failing to yield to pedestrians or cyclists are subjected to a fine up to $100. If the pedestrian or cyclist is injured, the fine increases to $250, in addition to any other fees or penalties for committing a misdemeanor.

With the 234% rise in tickets written for failure to yield, drivers are in need of an NYC traffic lawyer more often if they need to fight a traffic violation.

Help with NYC Tickets for Improper Turns

New York City Vehicle & Traffic Law, Article 28, codifies a number of improper and illegal turns for which drivers can be cited under the Vision Zero initiative. Improper turns are one the most often cited traffic violations in New York City, particularly Manhattan.

  • Failing to remain on the edge of the road

  • Turning when prohibited by a sign or marked lane

  • Making a prohibited u-turn

  • Unsafe turns

  • Lane changes

  • Failing to signal a turn

Fines and penalties for improper turns vary between $0 and $150, plus applicable fees or surcharges. The 40% increase in citations for these violations make it increasingly harder to fight a traffic citation without an NYC traffic attorney.

"How many points on license will I get in New York for a ticket?"

The Department of Motor Vehicles (DMV) employs a Points System that tracks high-risk drivers. Based on the severity of a traffic violation, the DMV assigns points to a license, which remain for years. If at any time a driver accumulates 11 points within an 18-month period, he or she may receive a license suspension. A New York City traffic attorney may be able to help reduce these penalties.

Select Violations and Associated Points

 Data Source: NYS DMV,  About the NYS Driver Point System

Data Source: NYS DMV, About the NYS Driver Point System

Guide to the Mandatory Fees for New York Traffic Violations

The DMV uses a Driver Assessment Responsibility program, a fee-based system intended to encourage safe driving and discourage chronic violations of traffic rules,. Depending on the nature of a driving-related offense and/or the number of points on a license accumulated, an annual fee is assessed for a period of three years. The DAR is in addition to any other fee, fine, or penalty the driver may be assessed by law.

 Data Source: NYS DMV,  Pay Responsibility Driver Assessment

New York State Traffic Violation Surcharge

As a final deterrent, New York State assesses a court surcharge for every traffic violation conviction. If a driver does not contest the ticket or fails to get the ticket dismissed, an automatic surcharge of $88 per violation is assessed for New York City violators and $93 elsewhere in the state.

Insurance and Points from Traffic Violations and Convictions in New York

The last stroke against drivers found guilty or who plead guilty to a traffic violation means that auto insurance premiums may go up. Under New York Insurance Law, Section 2335, insurers are allowed to increase premiums for drivers that accumulate convictions on their license. Increases will vary by insurer.

Enforcement and Defense Strategies

For drivers, fighting a speeding ticket in NYC has become more difficult than ever. The laws are changing, enforcement and penalties increased, and understanding the rules of the court system have become challenges better suited for a local traffic lawyer in New York than a private citizen.

Got a Traffic Ticket in NYC, Now What?

FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local NYC traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

 

 

Michael Beer
How to get a speeding ticket reduced in NY and NYC

HOW TO GET A SPEEDING TICKET REDUCED IN NY AND NYC

Getting a traffic ticket is never pleasant. When the violation is speeding, the fines and other penalties can be substantial and long-lasting. Various studies show that New York consistently ranks near the top of the list for speeding enforcement.

In New York State, two different venues handle speeding tickets. In New York City, non-criminal traffic violations are handled by the Traffic Violation Bureau (TVB), a division of the Department of Motor Vehicles (DMV). Everywhere else in the state, citations are handled by the local court system. This distinction is important, because unlike the court system, the TVB operates under different legal rules. A New York City Traffic attorney understands the differences between these two systems and can help you fight a traffic violation.
 

When to hire a traffic lawyer for speeding ticket

NYC has a speeding conviction rate of about 60% and higher. Although the odds are not favorable, they do indicate that you can get a ticket dismissed. A traffic attorney in New York who specializes in speeding tickets is an ideal advocate. They know the law and procedures, and, most importantly, how the system can be made to work in your favor. Drivers can represent themselves, but dismissals are often achieved over technical details that drivers might never know or understand. If you want to speak with a NYC Traffic Lawyer right away, reach out to Waxman & Beer in Cedarhurst, NY at 212-269-3988.

6 Tips for Fighting a traffic ticket in NYC or NY

1. Know what to wear to court for a speeding ticket

If you decide to go to court or a TVB hearing, make a good first impression by dressing appropriately. You don’t have to go full formal, but you will demonstrate that you are taking the process seriously. Here's what experts say men and women should wear to court.

What men should wear to traffic court in NYC

Men should wear a suit or business casual attire. Specifically wear shoes with socks. Long pants and a belt with a tucked in button down shirt is preferable. If you have a blazer or suit jacket, you may want to wear that as well. If you have a tie, that is helpful. If you have glasses, ask your lawyer if you should wear them.

The idea is to look professional and that you are respecting the court by not showing up in a t-shirt and shorts. If you don't look like you're taking the traffic court seriously, there is little reason for the judge to take your case seriously.

What women should wear to traffic court in NYC

According to experts, women should wear shoes, a dress, work appropriate skirt or long pants. Wearing a blouse, sweater or casual dress shirt is also acceptable. If you have a pair of glasses, ask your New York City traffic lawyer if it would make sense for you to wear them to court.

You want to look like you know how to show respect to the traffic court system and the judge's courtroom.

2. Be patient and prepared to wait in Traffic court if you don't have a traffic lawyer

You don’t have a real appointment, you have a date. Hearings are done first-come, first-serve, and you have no idea how long other cases will take. You show up on the date, sign in, and wait. And wait. And wait. Getting frustrated and impatient will make you less likely to think clearly, and you might miss something important during your hearing. 

Hiring a traffic lawyer can help you to jump to the head of the line during your day in traffic court. This is one of the main benefits to hiring Traffic Lawyers for NYC traffic tickets.

3. Show up for your traffic ticket hearing

The court system and TVB handle thousands of cases a year. The system is computerized. They will know if you return a response on time, if you showed up or not for a hearing, and if you followed the rules. Ignoring the process will result in a) likely being found guilty and b) more fines and penalties. For expert guidance, seeking out an NYC traffic ticket lawyer could help you avoid unnecessary mistakes with the process.

4. Be prepared to present the facts and that your lawyer knows all the details of your case

You will only have a few minutes to make your case. Keep it simple, and keep it about the law. Do your research on traffic law. Traffic court is about legal claims, not fairness ones. The judges have heard it all. Hearings can be stressful and confusing. Many drivers find that having a traffic lawyer in NYC who knows the nuances of the law is incredibly helpful.

5. Don't be rude, there are benefits to acting professional in traffic court

No one has ever gotten a ticket reduced or dismissed by being rude, angry, or belligerent. In a very real sense, you are asking for a break from the law. You won’t get a break if you insult or annoy the people you are asking for a break. Important tip: never accuse police officers of lying. They either are mistaken or misremembering.

6. How to negotiate your traffic ticket when possible
 

Outside the TVB system, you have an opportunity to negotiate with the prosecutor before your hearing. Do it. The prosecutor knows what’s possible, what will get you out quickest, and what the likely outcome of your case will be. Better yet, an NYC traffic lawyer with experience knows the players involved and often the best way to approach a negotiation to fight a traffic violation. 

Unless you are positive you have a legal case for dismissal, consider taking the plea bargain from the prosecutor. At the end of the day, it is probably more important to get the points reduced on your license than the fee. Accept it, don’t speed again, and move on.

What are the fines and points that can come with a New York Speeding Ticket?

The New York State Vehicle and Traffic Law, Article 30, Section 1180-1 outlines the calculation of speeding fines:

 How to Calculate Speeding Ticket Fines for New York State and NYC Waxman and Beer Traffic Attorneys in New York  Note: NYC TVB does not impose jail time.   Data Source:  NYS VTL, Article 30 §1180-1

How to Calculate Speeding Ticket Fines for New York State and NYC
Waxman and Beer Traffic Attorneys in New York
Note: NYC TVB does not impose jail time.

Data Source: NYS VTL, Article 30 §1180-1

How to calculate points from a speeding ticket in New York

The DMV uses a Points System to track high-risk drivers. If a driver accumulates 11 points at any time within an 18-month period, he or she may receive a license suspension or even revocation. Violations can also cause your insurance premium to rise. A traffic lawyer in the NYC system can be a valuable asset in trying to reduce these points in ways an individual might not understand is impossible.

The DMV Point System for NYS

 DMV Point System for Speeding tickets in NYC NYS NY Waxman and Beer Traffic Attorneys in New York.png  Data Source: NYS DMV,  About the NYS Driver Point System

DMV Point System for Speeding tickets in NYC NYS NY
Waxman and Beer Traffic Attorneys in New York.png

Data Source: NYS DMV, About the NYS Driver Point System

If a driver accumulates 6 or more points in an 18-month window a Driver Assessment Responsibility (DAR) fee is assessed. For 6 points, the annual fee is $100 for three years. For every point over 6, the fee increases $25 per point.

Finally, you will also be charged with a court surcharge of either $88 or $93 per violation, depending on the location.

Frankly, unless you have no defense whatsoever, you have nothing to lose by pleading not guilty and contesting the ticket.

Why it is worth hiring a lawyer for speeding ticket

With substantial fines and penalties involved with speeding convictions today, the investment in a traffic attorney might save money and protect you from losing your license. New York traffic attorneys work with the court system and the TVB everyday. They know the process, the judges, and what might achieve a dismissal and what won’t. You could save on fines and lower points on your license. In the long-term, you might be able to avoid an ongoing penalty fee from the DMV and keep your insurance premiums from being raised.


FIND OUT HOW TO FIGHT YOUR NEW YORK TRAFFIC TICKET!


CALL WAXMAN & BEER
212-269-3988


With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums