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".  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.  To see information regarding the fines and fees that may be imposed for traffic violations 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 information about fees to be represented by the Law Offices of Glenn W. Magnell click here.  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

Q: Should I request a supporting deposition if I plead Not Guilty to a ticket?

A: That depends on why you're doing it.  If you feel that you did not commit the violation you are charged with and intend to defend yourself at trial, exercising your right to a supporting deposition will give you critical information as to what the officer will testify to.  However, if you did commit the violation and are asking for the deposition because you think the officer may not provide it and this will let you "beat" the ticket, you might want to think again.  Truth is, the vast majority of requests for depositions are responded to in a timely manner.  Many times, these requests do little more than aggravate the same police officer that you are going to end up trying to negotiate a plea deal with.  Also, New York State troopers are now all equipped with New York's "e-ticket" system which prints out a completed ticket and a supporting deposition in the officer's car at the time you are stopped!!  Often, it takes an attorney experienced with traffic violations to know whether requesting a "depo" is a good idea or not.

Q: If I'm stopped for speeding what should I do or say to the officer?

A: First, remain calm and be polite.  Often a police officer will ask you if you "know why you've been stopped".  Be careful, anything you say to the officer can be used against you in court.  Often the best answer is one that let's the officer know you aren't arguing with him about the stop, but aren't going to admit anything, either.  Let the officer tell you what he thinks you were doing.  Sometimes, when the speeding was not excessive and you have a reasonable excuse you can get off with only a warning.  But, if you have been caught "on radar" expect to get a ticket.  Whatever you do, do not argue with the officer.  It gains you nothing and may cost you when you go to court.

Q: Does having window or bumper sticker showing support for police benevolent associations help?

A: Generally, no.  Police have long ago realized that people make contributions in the hope that it will get them out of tickets.  Usually, they're not impressed.

Q: Does a police officer making a traffic stop have a right to search my car or my person?

A: No, unless the police officer has reason to fear for his safety or a reasonable suspicion that a crime (other than a traffic offense) has occurred he does not have a right to search you or your car.  However, he can look into your car and anything he observes that indicates a violation of the law can give me the necessary reasonable suspicion to search both you and your car.

Q: I pleaded guilty by mail to a speeding ticket and didn't understand how much it could cost me in fines and insurance increases.  Is it too late to do anything about it?

A: No, it's not too late!  If you plead guilty to a serious traffic ticket without understanding the consequences and never consulted an attorney, you many be able to have your guilty plea vacated and a more advantageous plea agreement worked out.  Vacating a guilty plea is a somewhat complex process that usually only an attorney can do for you.  But, it's doable!  If you want information about how this can be done contact us. 

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.

The 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/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.

Hudson Valley- Counties Served                   

         Orange County, Putnam County, Dutchess County, Ulster County, Rockland County

Hudson Valley Communities Served

 

Orange County,  NY

Blooming Grove, Town of Blooming Grove, Bullville, Campbell Hall, Central Valley, Town of Chester, Village of Chester, Chester,  Town of Cornwall, Cornwall on Hudson, Cornwall, Town of Crawford, Crawford, Village of Florida, Florida, Fort Montgomery, Town of Goshen, Village of Goshen, Goshen, Town of Greenville, Greenville, Greenwood Lake, Town of Hamptonburgh, Hamptonburgh, Village of Harriman, Harriman, Town of Highlands, Highlands, Highland Falls, Highland Mills, Village of Maybrook, Maybrook,  City of Middletown, Middletown, Town of Minisink, Minisink, Town of Monroe, Village of Monroe, Monroe, Town of Montgomery, Village of Montgomery,  Montgomery, Town of New Windsor, New Windsor, City of Newburgh, Town of Newburgh, Newburgh, Otisville, Port Jervis, City of Port Jervis, Salisbury Mills, Slate Hill, Town of Tuxedo, Village of Tuxedo, Tuxedo Park, Tuxedo, Unionville, United States Military Academy, Vails Gate, Walden, Town of Wallkill, Wallkill, Town of Warwick, Village of Warwick,  Warwick, Washingtonville, Town of Wawayanda, Wawayanda, West Point, Westtown, Town of Woodbury, Village of Woodbury, Woodbury.  

Orange County, NY - Courts Served:

Blooming Grove Town Court, Chester Town Court, Chester Village Court,lCornwall Town Court, Crawford Town Court, Deerpark Town Court, Florida Village Court, Goshen Town Court, Goshen Village Court, Greenville Town Court, Greenwood Lake Village Court, Hamptonburgh Town Court, Harriman Village Court, Highlands Town Court, Maybrook Village Court, Middletown City Court, Minisink Town Court, Monroe Town Court, Monroe Village Court, Montgomery Town Court, Montgomery Village Court, Mount Hope Town Court, New Windsor Town Court, Newburgh City Court, Newburgh Town Court, Orange County Court, Otisville Village Court, Port Jervis City Court, Tuxedo Town Court, Unionville Village Court, Walden Village Court, Wallkill Town Court, Warwick Town Court, Warwick Village Court, Washington Village Court, Wawayanda Town Court, Woodbury Town Court. (for Orange County address/phone number directory, click here).

Ulster County,  NY

Accord, Bearsville, Big Indian, Bloomington, Boiceville, Cherrytown, Chichester, Clintondale, Connelly, Cottekill, Cragsmoor, Eddyville, Ellenville, Esopus, Gardiner, Glasco, Glenford, Grahamsville, Greenfield Park, High Falls, Highland, Highmount, Hurley, Kerhonkson, Kingston, Krumville, Lake Hill, Lake Katrine, Leibhardt, Lyonsville, Malden, Malden Hudson, Malden on Hudson, Marlboro, Marlborough, Mettacahonts, Milton, Mldn on Hdsn, Modena, Mount Marion, Mount Merion Park, Mount Tremper, Napanoch, New Paltz, Olive, Olivebridge, Oliverea, Phoenicia, Pine Hill, Plattekill, Port Ewen, Rifton, Rosendale, Ruby, Saint Remy, Samsonville, Saugerties, Shady, Shandaken, Shokan, Spring Glen, Stone Ridge, Sundown, The Vly, Tillson, Ulster Park, Walker Valley, Wallkill, Wawarsing, West Camp, West Hurley, West Park, West Saugerties, West Shokan, Whitfield, Willow, Woodstock, Town of Denning, Village of Ellenville, Town of Esopus, Town of Gardiner, Town of Hardenburgh, Town of Hurley, Town of Kingston, Town of Lloyd, Town of Marbletown, Town of Marlborough, Town of New Paltz, Town of Olive, Town of Plattekill, Town of Rochester, Town of Rosendale, Town of Saugerties, Town of Shandaken, Town of Shawangunk, Town of Ulster, Town of Warwarsing, Town of Woodstock
 

Ulster County, NY - Courts Served:

Denning Town Court, Ellenville Village Court, Esopus Town Court, Gardiner Town Court, Hardenburgh Town Court, Hurley Town Court, Kingston City Court, Kingston Town Court, Lloyd Town Court, Marbletown Town Court, Marlborough Town Court, New Paltz Town Court, New Paltz Village Court, Olive Town Court, Plattekill Town Court, Rochester Town Court, Rosendale Town Court, Saugerties Town Court, Saugerties Village Court, Shandaken Town Court, Shawangunk Town Court, Ulster County Court, Ulster Town Court, Villain Village Court, Wawarsing Town Court, Woodstock Town Court. (for Ulster County address/phone number directory, click here).

Sullivan County,  NY

Barryville, Bethel, Bloomingburg, Burlingham, Callicoon, Callicoon Center, Claryville, Cochecton, Cochecton Center, Eldred, Fallsburg, Ferndale, Forestburg, Forestburgh, Fremont, Fremont Center, Glen Spey, Glen Wild, Grahamsville, Hankins, Harris, Highland Lake, Hortonville, Hurleyville, Jeffersonville, Kauneonga Lake, Kenoza Lake, Kiamesha Lake, Lake Huntington, Lew Beach, Liberty, Livingston Manor, Loch Sheldrake, Long Eddy, Mongaup Valley, Monticello, Mountain Dale, Mountaindale, Narrowsburg, Neversink, North Branch, Obernburg, Parksville, Phillipsport, Pond Eddy, Port Jervis, Rock Hill, Roscoe, Smallwood, South Fallsburg, Summitville, Swan Lake, Thompsonville, Westbrookville, White Lake, White Sulphur Springs, Woodbourne, Woodridge, Wurtsboro, Youngsville, Yulan, Town of Bethel, Town of Callicoon, Town of Cochecton, Town of Delaware, Town of Fallsburgh, Town of Freemont, Town of Highland, Town of Liberty, Town of Lumberland, Town of Mamakating, Town of Rockland, Town of Neversink, Town of Thompson, Town of Tusten.

Sullivan County, NY - Courts Served:

Bethel Town Court, Bloomingburg Village Court, Callicoon Town Court, Cochecton Town Court, Delaware Town Court, Fallsburg Town Court, Forestburgh Town Court, Fremont Town Court, Highland Town Court, Liberty Town Court, Liberty Village Court, Lumberland Town Court, Mamakating Town Court, Monticello Village Court, Neversink Town Court, Rockland Town Court, Sullivan County Court, Thompson Town Court, Tusten Town Court, Woodridge Village Court.  (for Sullivan County address/phone number directory, click here).

Putnam County,  NY

Adams Corners, Brewster, Carmel, Cold Spring, Crofts Corners, Garrison, Kent Cliffs, Lake Carmel, Lake Lincolndale, Lake Mahopac, Lake Peekskill, Lake Secor, Mahopac, Mahopac Falls, Manitou, Nelsonville, North Highland, Oscawana Lake, Patterson, Philipstown, Putnam Valley, Sears Corners, Southeast, Tompkins Corners, Town of Kent Lakes, Town of Southeast, Town of Patterson, Town of Philipstown, Town of Carmel, Town of Putnam Lakes.

Putnam County, NY - Courts Served:

Brewster Village Court, Carmel Town Court, Cold Spring Village Court, Kent Town Court, Nelsonville Village Court, Patterson Town Court, Philipstown Town Court, Putnam County Court, Putnam Valley Town Court, Southeast Town Court.  (for Putnam County address/phone number directory, click here).

Dutchess County,  NY

Amenia, Arlington, Beacon, City of Beacon, Beekman, Brinckerhoff, Clinton, Crown Heights, Dover Plains, Dover, East Fishkill, Fairview, Fishkill, Fishkill, Haviland, Hillside Lake, Hopewell Junction, Hyde Park, La Grange, Milan, Millbrook, Millerton, Myers Corner, North East, Pawling, Pawling, Pine Plains, Pleasant Valley, Poughkeepsie, Red Hook, Red Hook, Red Oaks Mill, Rhinebeck, Rhinebeck, Spackenkill, Staatsburg, Stanford, Tivoli, Union Vale, Wappinger, Wappingers Falls, Washington, Town of Amenia, Town of Beekman, Town of Clinton, Town of Dover, Town of East Fishkill, Town of Fishkill, Village of Fishkill, Town of Hyde Park, Town of LaGrange, Town of Milan, Town of Millbrook,  Town of North East, Town of Pawling, Village of Pawling, Town of Pine PLains, Town of Pleasant Valley, Town of Poughkeepsie, City of Poughkeepsie, Town of Red Hook, Village Red Hook, Town of RhineBeck, Village of Rhinebeck, Town of Stanford, Village of Tivoli, Village of Union Vale, Town of Wappinger, Willage of Wappingers Falls, Town of Washington.

Dutchess County, NY - Courts Served:

Amenia Town Court, Beacon City Court, Beekman Town Court, Clinton Town Court, Dover Town Court, Dutchess County Court, East Fishkill Town Court, Fishkill Town Court, Fishkill Village Court, Hyde Park Town Court, LaGrange Town Court, Milan Town Court, Millbrook Village Court, Millerton Village Court, North East Town Court, Pawling Town Court, Pawling Village Court, Pine Plains Town Court, Pleasant Valley Town Court, Poughkeepsie City Court, Poughkeepsie Town Court, Red Hook Town Court, Red Hook Village Court, Rhinebeck Town Court, Rhinebeck Village Court, Stanford Town Court, Tivoli Village Court, Union Vale Town Court, Wappinger Town Court, Wappingers Falls Village Court, Washington Town Court.  (for Dutchess County address/phone number directory, click here).

Rockland County,  NY

Town of Clarkstown, Town of Haverstraw, Town of Orangetown, Town of Ramapo, Town of Stony Point, Upper Nyack, Nyack, Pomona, Haverstraw, West Haverstraw, Grand View, Piermont, South Nyack, Airmont, Chestnut Ridge, Hillburn, Kaser, New Hempstead, New Square, Montibello, Sloatsburg, Spring Valley, Suffern, Wesley Hills.

Rockland County, NY - Courts Served:

Airmont Village Court, Chestnut Ridge Village Court, Clarkstown Town Court,  Grand View-On-Hudson Village Court, Haverstraw Town Court, Haverstraw Village Court, Hillburn Village Court, New Square Village Court, Nyack Village Court, Orangetown Town Court, Piermont Village Court, Ramapo Town Court, Rockland County Court, Rockland County Supreme Court - Criminal Term, Sloatsburg Village Court, South Nyack Village Court, Spring Valley Village Court, Stony Point Town Court, Suffern Village Court, Upper Nyack Village Court, Wesley Hills Village Court, West Haverstraw Village Court.  (for Rockland County address/phone number directory, click here).

Westchester County,  NY

Village of Ardsley, Town of Bedford, Town of Briarcliff, Village of Bronxville, Village of Buchanan, Town of Courtlandt, Town of Croton-On-Hudson, Village of Dobbs Ferry, Town of Eastchester, Village of Elmsford, Town of Greenburgh, Town of Harrison, Village of Hastings-on-Hudson, Village of Irvington, Village of Larchmont Village, Town of Lewisboro, Town of Mamaroneck, Village of Mamaroneck, Mount Kisco, Town of Mount Pleasant, City of Mount Vernon, Town of New Castle, City of New Rochelle, Town of North Castle, Town of North Salem, Town of Ossining, Village of Ossining, City of Peekskill, Town of Pelham, Village of Pleasantville, Village of Port Chester, Town of Pound Ridge, City of Rye, Town of Rye, Village of Scarsdale Village, Village of Sleepy Hollow, Town of Somers, Village of Tarrytown, Village of Tuckahoe, County of Westchester, City of White Plains, City of Yonkers, Town of Yorktown

Westchester County, NY - Courts Served:

Ardsley Village Court, Bedford Town Court, Briarcliff Manor Town Court, Bronxville Village Court, Buchanan Village Court, Cortlandt Town Court, Croton-On-Hudson Town Court, Dobbs Ferry Village Court, Eastchester Town Court, Elmsford Village Court, Greenburgh Town Court, Harrison Town Court, Hastings-on-Hudson Village Court, Irvington Village Court, Larchmont Village Court, Lewisboro Town Court, Mamaroneck Town Court, Mamaroneck Village Court, Mount Kisco Justice Court, Mount Pleasant Town Court, Mount Vernon City Court, New Castle Town Court, New Rochelle City Court, North Castle Town Court, North Salem Town Court, Ossining Town Court, Ossining Village Court, Peekskill City Court, Pelham Town Court, Pleasantville Village Court, Port Chester Village Court, Pound Ridge Town Court, Rye City Court, Rye Town Court, Scarsdale Village Court, Sleepy Hollow Village Court, Somers Town Court, Tarrytown Village Court, Tuckahoe Village Court, Westchester County Court, White Plains City Court, Yonkers City Court, Yorktown Town Court.  (for Westchester County address/phone number directory, click here).

Columbia County,  NY

Ancram Town Court, Austerlitz Town Court, Canaan Town Court, Chatham Town Court, Chatham Village Court, Claverack Town Court, Clermont Town Court, Columbia County Court, Copake Town Court, Gallatin Town Court, Germantown Town Court, Ghent Town Court, Greenport Town Court, Hillsdale Town Court, Hudson City Court, Kinderhook Town Court, Kinderhook Village Court, Livingston Town Court, New Lebanon Town Court, Philmont Village Court, Stockport Town Court, Stuyvesant Town Court, Taghkanic Town Court, Valatie Village Court.

Greene County,  NY

Ashland Town Court, Athens Town Court, Athens Village Court, Cairo Town Court, Catskill Town Court, Catskill Village Court, Coxsackie Town Court, Durham Town Court, Greene County Court, Greenville Town Court, Halcott Town Court, Hunter Town Court, Jewett Town Court, Lexington Town Court, New Baltimore Town Court, Prattsville Town Court, Tannersville Village Court, Windham Town Court.  (for Westchester County address/phone number directory, click here).

Highways With High Intensity  NYS State Police Activity

               NYS Thruway, I-87, I-84, Route 17, Taconic Parkway, Palisades Parkway, Route 209, Route 28, Route 6.