Why shouldn't I just plead guilty?
To avoid points, fines and other fees, keep your insurance rates low, and preserve your privilege to drive. Also, New York DMV imposes fees charged to drivers with 6 or more points.
What if I am guilty as charged?
You should still fight your ticket because the People must prove its case against you and you may remain silent. Many times attorneys win cases because the People cannot meet its burden. Other times Attorneys can work out favorable deals. So why not "go down swinging"?
What if I do not answer my ticket?
You will be suspended and possibly found guilty by default. A $35 suspension termination fee will be imposed which is in addition to any fine. Even one suspension on your record can adversely affect your automobile insurance premiums.
Will a trial be required?
For tickets issued in New York City, western Suffolk County, Rochester and Buffalo, a trial or hearing is always required. In these courts, it is "all or nothing". All other places allow for plea bargaining or deals, and usually we arrange for a great deal for our clients in such courts.
Why should I hire a lawyer?
Our lawyers understand the proofs required by the People, know the judges and their practices, appreciate the types of defenses which are worth advancing and guide our clients from beginning to end.
How long do the points last on my record?
Points last for 18 months from the date of offense. But insurance companies can use a conviction to raise your rates for up to 39 months.
How do I know if I have too many points?
For each conviction, add up the number of points for 18 months before and 18 months after the date of offense. You are generally allowed up to 10 points within either 18-month period.
How can I reduce points?
Take the NYS Drivers Safety Program. After you complete this 6-hour class you may get 4 points off of your record and may be eligible for a 10% savings on your automobile insurance
How often can I take the NYS Drivers Safety program?
Once every 18 months.
Do points or convictions transfer from other states?
Except for Ontario and Quebec Provinces in Canada, points from convictions in another state will not transfer to your New York State driver's license. Suspensions and revocations, as well as alcohol and drug-related driving convictions, from another state, however, will transfer.
Can an attorney help professional drivers?
Definitely. In fact, many clients are professional drivers. Note: Tickets issued while driving a private car can adversely affect a CDL or TLC license.
What is the Driver Responsibility Assessment Program (DRAP)?
Starting November 2004, DMV penalizes drivers for three years when they accumulate 6 or more points within an 18 month period or are convicted of an alcohol or drug related offense. The defensive driving class will not avoid the DRAP.
How much is the DRAP?
$250/year for three years for alcohol or drug related offenses, and $100/year for three years for six points plus $25/year for three years for each additional point.