Speeding is a serious offense that can bring heavy fines, points on your license, and higher insurance rates – not to mention unnecessary wear and tear on your vehicle. What do you need to consider about Traffic Paralegal Services
You can employ various strategies when fighting a speeding ticket, including challenging its validity or reliability. However, it’s best to consult with a traffic attorney first to determine the most suitable course of action.
Fines
Every driver knows that speeding tickets are expensive. Fines and surcharges can quickly rack up into hundreds or even thousands of dollars, raising insurance rates significantly and leading to suspension in many states. Should you receive one, it would be in your best interests to hire an attorney experienced in fighting such tickets to fight back for you.
At first glance, it is essential to remember that speeding ticket fines vary based on how far over the limit a driver goes. In New York state, for example, up to 10 miles over is typically penalized with a minimum fine and surcharge of $45, ranging up to 30 mph over leading to fines from $90 – $300 plus surcharge; exceeding 31mph can result in auto-insurance rates increasing up to 80%!
Furthermore, your driving history and speeding offense will also have an impact on your case. If multiple convictions or other serious traffic violations appear on your record, a judge could impose heavier fines and penalties from that standpoint; additionally, if an incident involved property damage or injuries, it could even warrant criminal charges of misdemeanor or felony nature.
Most speeding tickets are tried in traffic court, but more serious offenses may be brought before criminal court, depending on state and local laws. If found guilty, fines will need to be paid, and your license may be suspended or revoked, depending on local and state law. In such an instance, you must register as a restricted permit holder in order to keep driving legally.
In most cases, an accused can opt to have their matter heard by filling out Section 3 of the Traffic Incident Notification form and sending it online or by mail. If they plead guilty automatically, demerit points will be subtracted from their license, but if they contest an infringement claim instead, then a judge will review their explanation before ruling them either guilty or not guilty.
Points
Finding yourself facing multiple traffic tickets within a short period may seem like an inconvenience, but the New York Department of Motor Vehicles considers multiple violations to indicate negligence. To combat this problem, they’ve instituted a points system for traffic violations that allows drivers to accrue points against their record; too many points could result in a suspension of your license, and your insurance premiums would skyrocket. It is, therefore, imperative that any speeding tickets be contested promptly.
The number of points you receive depends on the severity and frequency of violations on your record, with some violations carrying more points than others – for instance, speeding one to 10 miles over the limit incurs three points while speeding 11-20 miles over is subject to four points. Other violations that could incur points include distracted driving, failing to stop for school buses, and reckless driving.
If your record contains multiple points, a Driver Responsibility Assessment fee (DRA fee) will be assessed, as well as fines associated with each violation. Drivers receiving six or more points within 18 months are also subject to license suspension proceedings.
Some states allow drivers to reduce their point totals by attending a defensive driving course. Classes typically meet at the local courthouse and may take one session or multiple weeks. Many such courses are also provided through private companies, while some come directly through the state.
Importantly, points on your record remain for 24 months after you receive them. If you earn ten or more points within that time, your license will be suspended. For second-offense convictions can last one year before being reinstated upon payment of a $250 fee, usually directly to the DMV. If this payment option proves inaccessible, please reach out directly to your court and discuss other alternatives available to you.
License suspension
Many states have systems for monitoring driver behavior, and if you accumulate too many points or commit certain traffic offenses, your license could be suspended or even revoked. A suspension could make it impossible for you to reach work or run daily errands and require you to find alternative means of transportation; additionally, your car insurance premiums could rise, further increasing your financial strain.
Most states offer limited driving privileges when their license has been suspended due to reasons unrelated to driving, such as failure to pay fines or court summonses, taking driver education courses, clearing back taxes or child support payments, or obtaining an SR-22 certificate of financial responsibility from an insurer. It is essential not to ignore court summonses as this could result in total suspension until the court system addresses all issues related to your driving.
If you are facing license suspension, you must respond quickly by either paying the fine or requesting a hearing. In New York, court dates and an explanation box will appear at the top of each ticket. Unfortunately, it is a popular misconception that checking “Not Guilty” boxes will negate conviction; unfortunately, this is simply not possible.
To prevent your license from being suspended, most states require you to attend either a traffic hearing or have your case dismissed by a judge. Reinstatement procedures vary by state; typically, this involves paying a reinstatement fee, taking part in a driver education course, or installing an ignition interlock device.
At Tilem & Associates, we can help protect your driving privileges and reinstate your license when it has been suspended for any reason. Contact us to speak with a Westchester County traffic ticket lawyer about your case.
Court appearance
Judges are the ultimate arbiters when it comes to speeding tickets. After considering all evidence and testimony presented before them, they will weigh whether you have proven your guilt or innocence with clear and convincing proof. Aside from reviewing your case itself, courts also consider driving records; having one with few points may result in reduced fines and insurance premiums.
Traffic tickets may be dismissed if you attend your court date on time and as specified on your ticket. Failing to attend can have serious repercussions, such as higher insurance premiums and possible license suspension.
If you can no longer attend your court date, contact the clerk of court and request a new hearing date. Most courts will grant one provided you provide written documentation with valid reasons (i.e., surgery or business travel). Alternatively, hiring an attorney to appear on your behalf might also help.
Fighting a speeding ticket involves providing evidence of your speed as well as mitigating circumstances or whether the officer acted in good faith when issuing it. Your attorney can discuss these concerns with the prosecutor and often negotiate reduced charges on behalf of their clients – although these strategies require more time in court than just accepting responsibility and pleading guilty, they are effective ways to protect your driving record from adverse repercussions.
Hire an experienced traffic lawyer when facing a speeding ticket for optimal results. A New York traffic lawyer can help protect your rights in court and avoid penalties associated with traffic violations, such as a suspended license or increased insurance premiums. Furthermore, they may represent you at the Traffic Violations Bureau should your ticket violate state motor vehicle law.
