At such a hearing a driver can dispute the accuracy of the DMV's recordsbut, unless some problem in record keeping has occurred the
typical result is that driving privileges will be suspended for anywhere from 31 days to one year. If a driver accumulates
more than 6 points in any 18 month period a special surcharge of $150/year can be imposed by the DMV. Also, if you are convicted
of 3 separate speeding violations that occurred within 18 months your license must be suspended for 6 months. To see a complete
chart of how many points each type of violation incurs, click here. For a sample chart of fines and fees imposed for violations
of NYS Vehicle and Traffic Law, click here.
For CDL holders with an out-of-state license, a traffic violation conviction in NYS can
have an even more devastating impact than if they held a NY license. A traffic violation conviction in NYS will be reported
to a driver's home state Motor Vehicle Department. In some states offenses that involved speeding at over 20 mph above the limit
can even result in a suspension or probation period on the drivers license. It will not matter that the violation occurred in
NYS, it simply matters how fast driver was accused of going and what the speed limit was.
The DMV record is also checked by automobile
insurance companies every time auto insurance comes up for renewal or a new application for insurance is made. A moving violation
on a driver's record virtually guarantees an increase in insurance rates. Depending upon how many points have accumulated the
increase in rates can be dramatic, sometimes as much as twice the previous rate. Moreover, if enough points have accumulated
an insurance company may refuse to renew or decline to provide a new policy. In those cases a driver will be forced to obtain
insurance through the NYS "assigned risk" pool. Insurance rates in the assigned risk pool are very, very high.
When Should I
Hire An Attorney?
Many drivers facing serious moving violations find that obtaining legal representation is essential to protecting
their rights and obtaining the most favorable result from court proceedings. Often an attorney will be able to negotiate a reduced
charge, sometimes eliminating the charges that have "points" associated with them. Sometimes the ticket itself may be flawed
and an attorney can get the charges dismissed based up a flawed complaint by the officer that issued the ticket.
Also, if you
don't live near the court that the ticket the ticket specifies you can have an attorney make an appearance for you, so that you don't
have to attend the court proceedings at all. For a free, no obligation case review and fee quotation click here.
How Easy Is
It to "Beat" a Ticket?
Any attorney that tells you or advertises that they can "beat" any ticket is misleading you and should make
you wonder about the honesty of a person who wants to be your legal counsel. It's true that there are technical flaws that can
cause a ticket to be dismissed. For example, the officer may not show up on your trial date or you can be found "not guilty"
after a trial in front of a judge. However, if you have received a moving violation that is properly written (most of them are)
and the police officer performs their duties in accordance with the law (most of them do), a trial will almost always result
in a conviction. As a result, by far the most common outcome is a "plea bargain" that is struck between you (or your attorney)
and the officer. An attorney will work to obtain the best offer possible and one that will result in no or few points on your
license. Note: plea bargaining on moving violations is largely an 'upstate' phenomena. It does not occur in NYC or on
most of LI.
Frequently Asked Questions (Click Here)
Misc. Motor Vehicle Misdemeanors and Felonies
Moving violations are not the only
vehicle related charges that a driver can face. There are also a variety of different offenses that are classified as either
"misdemeanors" or "felonies" and can cost you both a great deal of money and potentially result in your being sentenced to jail or
prison, if you are found guilty. Vehicular Manslaughter, Criminally Negligent Homicide, Reckless Endangerment and Aggravated
Unlicensed Operation of a motor vehicle are all examples of vehicle related crimes. If you are charged with a misdemeanor or
a felony it usually means that you will be arrested, fingerprinted, booked and may be required to post bail. If you are charged
with either a misdemeanor or a felony you should always retain an attorney to protect your rights and defend you against prosecution.
most common, vehicle related, criminal charges (misdemeanor or felony) are Driving While Intoxicated and Aggravated Unlicensed Operation.
A DWI conviction can result in the restriction, suspension or revocation of your license, and the imposition of heavy fines and/or
jail time. It can also result in your insurance company dropping your auto insurance (which will force you into the 'assigned
risk' pool and easily double your insurance costs). DWI and DWAI (Driving While Ability Impaired) are specialized areas of law
and require representation by an attorney that understands all the potential technical and legal defenses. To learn more about DWI/DUI/DWAI,click here.
Aggravated Unlicensed Operation of a Motor Vehicle (known as "AUO") is also a very commonly charged offense. AUO
is almost always charged if a driver with a suspended or revoked license is stopped by the police. As a result, even a minor
traffic infraction can result in a misdemeanor or felony charge if your driving privileges have been suspended or revoked. AUO
can be charged as a 'Class A or B' misdemeanor or, in unusual cases it can be charged as a Felony offense. There are very solid
defenses available when "AUO" is charged. An attorney with experience and a good knowledge of recent appellate decisions can
often get the charges reduced to a simple violation or even get the charges dismissed.
For most drivers getting a traffic ticket isn't a big deal. They sign the back, pay a fine and it's over with. But, if
you have a CDL and drive for a living, particularly if you drive for a trucking company, the consequences of a simple speeding ticket
can be dramatic. A single speeding ticket can take a driver off the road! In addition, commercial drivers don't just face
the usual traffic violations that most drivers do. They also face a whole multitude of violations contained in New York State's
Transportation Law (TL). These vary from different overweight violations (depending upon the road you're on the limits are different),
to having the right permits for the cab or trailer. The scariest part of this is that most TL violations are the responsibility
of the vehicle owner...BUT, the tickets are written to the driver! Some violations of TL are actually crimes. For example,
a log book violation is a misdemeanor offense in NYS. Even something as arcane as the Environment Conservation Law can bite
a CDL holder. A fuel tank leak can lead to a driver being charged with a misdemeanor for depositing a "noisesome substance"
on a public highway.
For CDL holders a traffic violation conviction, even when driving their private car can have the
same effect on employment as a conviction while driving for work. If a driver wanted to just plead guilty, all too often the
fine is only the beginning of a costly experience. If the ticket was for a "moving violation" such as speeding, failure to obey
a traffic signal or sign, failing to maintain lane, etc., the guilty plea is reported to the NYS Department of Motor Vehicles where
it becomes part of a driver's record. Each violation has a statutorily prescribed "point" value that stays on a driver's record
for 18 months. Speeding tickets have a minimum "point" value of 3 and a potential maximum of 11. If a driver's point total
reaches 11 or more points a mandatory mandatory 31 days suspension (for first time suspensions) will be imposed unless the driver
asks for a "license suspension hearing".
Law Offices of Glenn Magnell
Dedicated to our clients
© Copyright 2013 - Law Offices of Glenn W. Magnell
Please note: Information on this website is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.
NOTICE: In compliance with the New York State Attorney's Code of Professional Conduct this website and all information contained within should be considered ATTORNEY ADVERTISING.
Unlike most attorneys I came to the practice of law as a second career. Prior to becoming an attorney I spent 20 years as a business
executive, eventually running a large subsidiary of a Fortune 500 company. While those years in private business were challenging
and rewarding, there came time that I wanted to do something different and more directly related to assisting other people. So, I
left the business world, went to law school, passed the New York State bar exam and became a practicing attorney. You can read
my full bio here and meet our staff here.
If you'd like to read what some of past clients have thought of our work, you can read
about it here.
Glenn W. Magnell
Law Offices of Glenn W. Magnell
Aggressive, Professional, Affordable Legal Defense
162 Main Street, Goshen, NY 10924
Commercial Drivers Licenses: Traffic and Transportation Law Offenses
Law Offices of Glenn Magnell
162 Main St., Goshen, NY 10924
Phone: 845-294-0585 Fax: 888-724-5470