If You Receive a Traffic Ticket in Westchester County:
Contact our office immediately. The back of your ticket contains information on how to answer the ticket but our attorney can do all the legal work for you. A traffic ticket must be responded to prevent a suspension of your driver’s license or driving privileges.
Keep scrolling to learn more about:
- Court dates
- Driver responsibility assessment
- Points on your license
- Alcohol / drug test refusal
- Insurance rates
- License suspension
- Our legal fees & goals
1. Court Dates You Must Respond To
The date on the bottom of your ticket is only the date that you need to respond to the Court or to the Traffic Violations Bureau. Once you hire us, our office will respond on your behalf. In most cases, you will NOT need to appear in Court. Our attorneys will have you sign an authorization allowing us to appear on your behalf and have the case dismissed, enter into a plea bargain, or take the case to trial. We understand your time is valuable. If you were to appear in court, it could last all day and even be adjourned to another date. Our office does not want you to have to waste days off from work, travel long distances, or obtain child care to appear in court.
Times That You Will Not Need to Appear in Court
In most cases you do not need to appear in court the day your case is scheduled. Our Westchester County traffic ticket attorneys can handle the entire matter without you having to take time off of work and/or school. We will send you a form that allows us to appear on your behalf and to prepare the defense. We will also have you send us a detailed description of how you received the tickets.
2. Driver Responsibility Assessment
If you receive six or more points in your driving record in the past 18 months, or if you are convicted of an alcohol/drug/chemical test refusal offense, you will fall under the DMV Driver Responsibility Assessment Program.
In addition to any fines, fees, penalties, or surcharges that you pay for a traffic conviction, you must pay the driver responsibility assessment. It does not matter if you hold no license or you have a license in another state: This assessment still applies.
3. Points on Your License
If you receive six points on your driving record during a period of 18 months, the annual assessment is $100.00. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300.00. If you receive more than six points on your driver’s license during a period of 18 months, the annual assessment is $25.00 for each point more than the original six. The minimum amount you must pay is the assessment of $100.00 per year for three years.
4. Alcohol/Drug/Chemical Test Refusal Offense:
The annual assessment is $250.00 for three years totaling $750.00.
5. Insurance Rates
A major concern each client expresses is how any plea or conviction will affect insurance rates. Each insurance company has different polices regarding insurance rates. Generally, a no-point offense will not increase your insurance rates. No-point offenses are usually nonmoving violation, such as equipment violations. Further, there is at least one two-point offense that will not increase your insurance rates.
Insurance rates are always subject to an increase for a moving violations such as speeding, passing a school bus, reckless driving, following too close, leaving the scene of an accident, no seatbelt, failure to stop at a stop sign or red light, improper passing or lane use, child safety restraint, and failure to yield the right of way.
At Proto, Sachs & Brown, LLP our primary concern is protecting your rates and always take into consideration the insurance consequences.
6. Suspended License
In New York, your license is suspended when you accumulate 10 or more points within a 24-month period. If your license is suspended by the Department of Motor Vehicles, it is important to consult one of our traffic lawyers and act quickly to restore your driving status.
If you are found to be driving with a suspended license that is a crime (unclassified Misdemeanor) and you must appear in Criminal Court. Under VTL 511, Aggravated Unlicensed Operation of a Motor Vehicle the penalties for driving with a suspended license can range from a fine to probation or even jail.
If you are found guilty of VTL 511, the Department of Motor Vehicles will assess what it calls “Negative Units” to your driver’s license. Negative Units are similar to points but can result in a revocation of you license for an extended period of time.
Our Legal Fees
Our legal fees depend on a number of factors, but our rates are fair and competitive. We always charge a flat rate for our traffic legal services. The flat rate covers all legal work, including: phone conferences, meetings, all court appearances, motions, letters, and even a trial if it should be necessary. You will never have to deposit an additional fee.
Our Legal Strategy
The pages contained in our website each speak about our defense tactics, but in general our law firm strategy relies on obtaining the proper information from the client and challenging the prosecution's evidence. This ultimately incudes a balance of aggressive representation and skillful negotiations.
Our Promise to You
In furtherance of our dedication and commitment to our clients, if we are unable to successfully have your traffic tickets dismissed or obtain a reduction in points assessed against your driver's license, we will give you a full refund without exception. (This guarantee does not apply to the DMV traffic violations that are located within the five boroughs of NYC).
Our Goals
Although there can never be any guarantees in litigation, our goal is to protect your driver’s license and insurance rates. The public doesn’t know the devastating effect a ticket can have on your license, especially if you have a commercial driver’s license (CDL). The Department of Motor Vehicle is always looking to collect fines and surcharges. Our experienced attorneys always aggressively defend every traffic ticket our office handles.
What Courts Do We Appear in to Defend Traffic Tickets?
Our law firm appears in all Courts located in Westchester, Rockland, Putnam, Dutchess, Orange, Manhattan, the Bronx & Queens. We also maintain a local court directory to help you find the specific court handling your case. However, if you have a traffic ticket outside of this area, always feel free to contact us to discuss the case and how we might be able to help.
Our attorneys are experienced traffic lawyers. We regularly appear in Court and understand the dynamic between the public, police, and the courts. An attorney is not mandatory for a traffic ticket, however, we know the various legal arguments and the case law behind getting a traffic ticket dismissed. Also, if a plea bargain is entered into, an attorney can usually negotiate a better deal with fewer points assessed against your license as well as a lower fine. If you have been charged with or have received a traffic ticket, we are here to protect your rights and your driver's license.
FAQ
Q. Why fight traffic tickets?
A. To protect your driver's license and insurance rates. New York State maintains a lifetime driving history for all motorists . Moving violations and points will cause an increase in insurance rates. Also, as traffic ticket lawyers in Westchester County we are successful in either having cases dismissed or minimizing the negative impact of a traffic ticket.
Q. Where are traffic tickets fought
A. In New York City and Long Island the DMV has set up Traffic Violation Bureaus that specifically handle all traffic matters. Outside New York City and Long Island traffic tickets are handled by the jurisdiction where the ticket was issued. For example, Harrison, Port Chester, Greenburgh and Mamaroneck are the busiest jurisdiction in Westchester County. Those local justice courts are responsible for ticket in their jurisdictions.
Q. What traffic tickets give you points?
A. Any moving violation will give you points in New York State. Most moving violations carry three to five points, though speeding points vary based on how far over the speed limit you were, and cell phone tickets carry 6 points. If you do not have a New York driver's license, points will be assessed against your privilege to drive in New York.
Q. Will traffic tickets raise my insurance rates?
A. Yes, depending on your insurance company, a conviction for a moving violation will raise your insurance rates typically at the time of the policy renewal. The more serious the violation, the higher the rate.
Q. What traffic violations are crimes?
A. DWI, driving with no insurance, driving with a suspended driver's license are the most common crimes under the Vehicle and Traffic Law. Most are noncriminal traffic infractions.
Q. How do you check your driver's license?
A. On the New York DMV website you can order your driver's abstract. This is a history of your driving record. The abstract will indicate if you have any open matters or if your driver's license is valid. If you are out of state you need to obtain a New York identification number before you request an abstract.
Q. Can traffic tickets turn into warrants?
A. Yes, if they are crimes under the Vehicle and Traffic Law such as a DWI offense. If a motorist does not respond to a ticket or go to court as required the court will have DMV suspend the motorist's driver's license.
Contact us online or by telephone at (914) 840-5104 to speak with an experienced traffic ticket defense lawyer.
