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 Long Island.
Some times getting a traffic ticket isn't a big deal. You sign the back, pay a fine and it's over with. However, all too often the guilty plea and fine are 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 records but, 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
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
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.
Why Should You Consider Our Law Firm to represent you?
Retaining a qualified attorney to deal with your
traffic ticket can be a confusing affair. Fees can vary from a a couple of hundred dollars to a couple of thousand and exactly what
one attorney or another will do when they represent you can vary just as much. If you contact our firm you can expect:
* You can speak
directly to an attorney about the circumstances surrounding your ticket
* Upon receipt of a copy of your ticket, it will immediately
be reviewed by an attorney
* We will provide you with a realistic assessment of what can be accomplished
* We will obtain your
NYS DMV driving record so that we can intelligently advise you regarding your case
* We will quickly communicate with the court
involved and let them know we represent you
* We will copy you on all communication with the court and/or the officer involved
* We
will promptly provide you with the necessary paperwork so that you do not have to appear in court and we can appear for you
* We will
make sure that we can provide a documented paper trail for all critical communications with the court
* If necessary we will file
whatever motions we think may be needed to achieve the best possible result for you
* We will contact you shortly before we go to
court on your case to review the details and strategies we are using
* The day before we go to court we will run your DMV record so
that we can bring up to date information to court in order to obtain the best possible results
* If necessary we will represent you
at trial, however in some cases there may be an extra charge for trial representation.
* The only fees you will pay will be stated
clearly, up front
* Within 24 hours of appearing in court for you we will advise you of the final outcome of your violation
* Within
a matter of days after the court proceedings you will receive a written (emailed) summary of the outcome
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.
Phone: 845-294-0585
Law Offices of Glenn Magnell
162 Main St., Goshen, NY 10924
Phone: 845-294-0585
Fax: 888-724-5470
Email: gmagnell@stormkinglaw.com