The Consequences of Traffic Offenses in New York: Protect Your Record and Future In the state of New York 

 

Traffic offenses can have far-reaching effects beyond mere financial consequences. Each violation adds points to your driver's record, potentially leading to the suspension of your driver's license and other serious repercussions. Moreover, certain traffic violations are considered criminal offenses, meaning that ignoring or failing to contest these charges could result in a criminal record. Whether you have a clean history or a preexisting driving or criminal record, it is crucial to avoid compounding your situation.

 

At Cabrera Law, we understand the significant impact that seemingly minor traffic violations can have on individuals. As your dedicated traffic violation defense attorney in New York, I am here to assist you in navigating both civil and criminal traffic offenses. To ensure that you minimize or avoid the consequences of a traffic ticket, I encourage you to call me at (631) 352-2093 to schedule a consultation.

 

Traffic Offenses in New York: Understanding the Basics

Traffic offenses encompass any unlawful conduct committed by a motorist while operating a vehicle, and they are prosecuted at the state or local level. These offenses can be further categorized based on whether they occur while the vehicle is in motion or stationary. Moving traffic violations include actions like speeding and running red lights, while non-moving violations encompass infractions such as illegal parking or displaying expired license plates. The term "traffic offense" encompasses a wide range of conduct, varying from minor infractions to more serious crimes.

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Classification of Traffic Offenses in New York

Traffic offenses in New York can be classified as civil infractions or criminal offenses, with each offense identified and categorized by the state.

 

Traffic Violations: Civil Infractions

Minor traffic offenses in New York are typically considered traffic infractions. When you commit a traffic infraction, you are typically issued a ticket. You have the option to pay the fine or contest the ticket by attending a pre-trial conference at traffic court. Penalties for traffic infractions may include fines, completion of defensive driving courses, and the accumulation of driver penalty points. Accumulating too many points can impact your car insurance rates and potentially lead to a license suspension if you exceed 11 points within an 18-month period. Common examples of traffic infractions include speeding, using a mobile phone while driving, failing to stop or signal, following too closely, not wearing a seatbelt, disobeying road signs, driving uninsured, and illegal parking.

 

Criminal Traffic Offenses: Misdemeanors and Felonies

Traffic crimes in New York are more severe offenses and can be charged as misdemeanors or felonies depending on the circumstances and applicable laws. For example, if you have prior traffic offenses or if your conduct resulted in injury or death, you may be charged with a felony. Traffic crimes are adjudicated in criminal courts. Common examples of traffic crimes charged as misdemeanors include reckless driving, leaving the scene of an accident with bodily injury, driving with a suspended or revoked license, and operating a vehicle while under the influence of a chemical substance. Examples of traffic offenses charged as felonies include driving on a suspended license with multiple suspensions, multiple DWI offenses within the past 10 years, and vehicular homicide. Penalties for traffic crimes may include fines, probation, community service, and incarceration. Repeat offenders or those charged with felonies are more likely to face imprisonment. A conviction for a traffic crime can also lead to license suspension, driver penalty points, and vehicle impoundment.

 

Three Reasons to Contest Traffic Offenses

Regardless of whether a traffic offense is minor, major, or criminal in nature, it is in your best interest to contest it. Here are three compelling reasons why:

 

1. Preserving a Clean Driving Record: By paying the fine, pleading guilty, or ignoring a traffic offense, you jeopardize your clean driving record or add points to an existing one. The accumulation of points brings you closer to license suspension, and each new violation resets the clock for removing previous offenses from your record. Depending on the circumstances and seriousness of the offense, it can take three to seven years to clear your driving record completely.

 

2. Limited Evidence: When you challenge a ticket, even for a civil infraction, the officer who issued the ticket must appear in court and provide evidence to prove your guilt. Many times, officers do not show up or lack the necessary evidence to establish that you committed the offense, such as speeding or violating a specific traffic law.

 

3. Increased Options: Paying a traffic ticket is equivalent to admitting guilt. Requesting a hearing, on the other hand, affords you more opportunities to negotiate a plea to a lesser offense or potentially have the ticket or criminal charge dismissed altogether.

 

Consult a Traffic Ticket Defense Attorney in New York Today
 

Driving-related laws can be complex and subject to constant changes. If you are contemplating challenging traffic allegations, it is wise to consult an experienced traffic defense lawyer in New York who can evaluate your case and explain your available options. Many people rely on the ability to drive for their daily activities, and while most traffic violations result in minor penalties, serious offenses can lead to imprisonment and the loss of your driver's license. Contact Cabrera Law at (631) 352-2093 to schedule a consultation with an attorney today.