What Can A Speeding Ticket Attorney Do To Help Me?
I am a former prosecutor of traffic cases and I spoke to a lot of motorists. I’ve heard a lot of their defenses and, while well-meaning, most of them are quite ineffective as a matter of law and would be unsuccessful if presented to the trier of fact. In my experience, there is a way to defend each case depending upon the particular facts and law. For example, one can have success defending charges based on pertinent case law where accusatory instruments which fail to hit all of the elements are deficient as a matter of law and must be dismissed.
An experienced attorney can optimize your chances at success with your Vehicle and Traffic matter. We recognize that every case and every court is different. There are nuances of law to understand and present. Multiple law enforcement agencies could be involved: New York State Troopers, local Village and Town Police, Sheriff’s Department, Metro-North and the DEP. Each court and law enforcement agency may have different policies in their prosecutions. The Court may or may not have a prosecutor to deal with and may itself have some quasi-policies of their own to push. If they don’t have a prosecutor, you need to deal with the issuing police officer or another officer representing the prosecution. All these factors considered and compounded by many more – it’s unusual to hear an unrepresented motorist in court introduce a valid legal and successful defense in any given tribunal. Best to let the professionals handle it!
Can I Still Fight The Speeding Ticket After I Have Paid It?
Once the court receives a plea of guilty from a motorist and the fine has been paid – that is the end of the court case. That is, unless it is successfully vacated or appealed. To vacate that plea of guilty requires a formal process in a written corum nobis motion proffering a legitimately recognized legal basis. More and more courts have been making it clear on the record that the motorist has been instructed on their rights, understand them and are making a knowing decision to enter a plea. That makes it more difficult to undo a case resolved as such by a motorist in court. An experienced attorney should be consulted on this process.
What Are Current Laws In New York State For Operating A Motor Vehicle While Using A Cell Phone?
Tickets involving the use of cell phones while driving are now five points if convicted. An equivalent ticket includes passing a school bus discharging students – that’s how serious cell phone tickets are considered by the legislature and the courts. In addition to having five points on your record, any five point conviction has its own special designation by the DMV as a Serious Driving Offense (SDO). This could come back to haunt a motorist later as a severe aggravating factor if there are alcohol offenses on their record even potentially exposing them to a permanent loss of driving due to multiple DWI offenses.
Motorists face two types of charges in regards to alleged unlawful use of a mobile electronic device. One is for talking on a cell phone and the other for use of an electronic device. It could be just a glance at your hand for a text message or a GPS app. In the statute there is a rebuttable presumption for its defined “use.” Use means holding a portable electronic device while viewing, taking, or transmitting images, etc. Therefore, the fact that someone is holding their cell phone for any reason may be deemed their “use” of a portable electronic device. If convicted as charged it is five points on your driving record. However, legal counsel can assist you in proffering effective defenses in eliminating or reducing the points associated with this serious ticket.
For more information on Fighting A Speeding Ticket After Paying It, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 301-7500 today.