Will I Have to Go to Court if I Hire You As My Lawyer?
No. In almost all Vehicle and Traffic cases in New York State my firm can go to court for you with your written authorization to act on your behalf without you having to attend. Your absence does NOT prejudice your case in any way. In fact, many courts and prosecutors suggest the process moves more smoothly with experienced attorneys appearing rather than lay persons or an inexperienced lawyer.
Substantively, a motorist’s presence is not needed since they won’t testify. Most experienced litigators would not put their accused client on the stand to testify at trial since it is the prosecution’s burden of proof that the alleged offense occurred to gain a conviction. A live witness may inadvertently fill in a missing piece of their puzzle and help make their case. That’s what our Fifth Amendment is all about – the right against self-incrimination. Moreover, hiring counsel to go to court can save the motorist at least half-a-day or maybe even the whole day at court. Best to let the professionals do their job!
There are different types of speeding violations. The fine for any speeding charge depends upon what category of speed is alleged. Generally speaking, if you were to merely plead “guilty as charged” without counsel you could expect to pay approximately three hundred and fifty dollars, plus a mandatory surcharge of about ninety-three dollars. However, each new violation for speeding, the number of speeding violations on one’s DMV record, the date of each ticket and the points for each conviction, all affect the fine that’s imposed by the court. My law firm will seek to eliminate or reduce the points associated with your ticket(s). The fines would be correspondingly eliminated or reduced, as well.
How Many Points Will I Be Charged For Speeding In New York?
The amount of points you receive on your license depends upon the ticket you were issued and convicted of either by a plea of “guilty” or losing at trial or hearing. For speeding offenses, each category of ten miles an hour over the speed limit carries an increase in points and fines. Driving 1 to 10 miles over the speed limit would be three points; 11 to 20 miles over is four points; 21 to 30 miles per hour over is six points, and 31 to 40 miles per hour over is eight points. Driving 41 miles per hour or more above the speed limit is eleven points — which is the threshold for a suspension based upon total point accumulation. The violation of unreasonable speed (which interestingly doesn’t have a specific speed) just has to be deemed by the issuing officer to be unreasonable under the circumstances; like weather or road conditions, etc., and is a moving violation which carries three points.
Can I Go To Jail For a Speeding Ticket?
Although a motorist convicted of a speeding ticket could be sentenced to up to fifteen days in jail, as a practical matter, it’s not going to happen absent some aggravating criminal charge. Every case is different and past results are no guarantee of future performance, but I have personally handled very, very high speeds throughout my career without ever having a client incarcerated for a speeding ticket.
Can You Be Suspended For A Speeding Ticket Conviction?
Essentially, your license can be suspended in two ways. If you were convicted of speeding 41 miles per hour or more over the speed limit — that would result in an immediate suspension (however, if the charge were reduced or the motorist completed a driver’s safety course, they could avoid such a suspension). On the other hand, your driving record comes into play at that stage. Eleven points accumulated over an 18 month period will trigger a suspension from DMV. It’s important to note that it’s not the conviction date that counts for point accumulation – it’s the issue date of each ticket which controls.
Drivers’ safety classes, which you may take every 18 months for beneficial effect can allow you to remove up to four points from such a suspension calculation. They do not “erase” points, but do remove them from a potential suspension calculation. They are still visible on your DMV record but with an indication that up to four points may be subtracted from the date of your class going back eighteen months (i.e., if you take a class today and you get a ticket tomorrow, the points from that ticket conviction are not reduced).
Three speeding convictions (for any speed) within 18 months will expose the motorists to a minimum of a six-month revocation of their driving privileges in New York. A revocation means having to reapply to the DMV for a termination of the revocation and reinstatement of one’s license. If you are deemed a persistent violator by the DMV, your application could be denied. My firm has been retained many times by new clients asking me to vacate prior convictions because they pleaded guilty as charged on their own and have been experiencing repeated denials for reinstatement by DMV (sometimes for years). In most courts, we can make a motion to vacate a past conviction based upon a plea of guilty as charged by an unknowing motorist. But, it’s best to hire an attorney when you first get a ticket so you may avoid this scenario altogether.
For more information on Going To Court For A Traffic Offense In NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 301-7500 today.
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