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Traffic Related Offenses | Lawyers for the Accused

Traffic Related Offenses2024-06-11T14:50:05+00:00

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Traffic Related Offenses | Lawyers & Attorneys

Your ability to drive a car is both a privilege and a necessity in today’s world. Whether you drive for work related purposes, medical appointments, schooling, sports activities, or all the above, having a license is very important. If you have received a traffic ticket, are charged with a traffic related misdemeanor or felony, have issues with your license, have failed to respond to a ticket, or have a suspended or revoked license, you should contact an experienced NY traffic ticket attorney for help. Your traffic ticket lawyer may be able to negotiate a favorable resolution for you or conduct a trial, save you money on your insurance, reduce or eliminate points, and possibly even save you the time and energy of having to personally appear in court.

Frequently Asked Questions About Traffic Related Offenses

Our criminal defense lawyers provide answers to some important questions below.

Does my teen need a criminal defense attorney if they are ticketed while driving on a junior license?2024-06-11T15:01:15+00:00

Yes. A criminal defense attorney can advocate for their best interests as the penalties can be significant.

Can my teen be ticketed for driving unsupervised after 9:00 p.m. on a junior license?2024-06-11T15:01:07+00:00

Yes. New York State has strict laws for junior license drivers. They cannot drive unsupervised between the hours of 9:00 p.m. and 5:00 a.m.

Can my teen be ticketed if driving unsupervised after 9:00 p.m. (or before 5:00 a.m.) on a junior license to or from their school’s awards ceremony, sporting or club event, prom, or graduation?2024-06-11T15:01:00+00:00

Yes, they can. The only school function for which  they can drive unsupervised during this time period is  a class that is required and for which they earn credit.

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Can I Drive Home After Prom On A Junior License? #juniorlicense #criminallaw #albany #law

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What are the penalties for traffic violations as a junior licensed driver?2024-06-11T15:00:53+00:00

Your junior license can be:

  • suspended for 60 days if you are convicted of one serious traffic violation or two other violations that were committed
  • revoked for 60 days if you are convicted of one serious traffic violation or two other violations within the first six months after your license was restored

Note: A serious traffic violation carries three or more points on your driving record.

What constitutes a serious traffic violation?

Speeding (MPH over posted limit)                      3 – 11 points

Reckless driving(Misdemeaner)                                  5 points

Failure to stop for a school bus                                    5 points

Improper use of a cell phone and texting                  5 points

Railroad crossing violation                                            5 points

Failure to yield right-of-way                                          3 points

Disobeying a traffic control device                              3 points

Leaving the scene of a property damage incident   3 points

Improper passing or changing lanes unsafely          3 points

Driving left of center in the wrong direction              3 points

Child safety restraint violation                                      3 points

What are the penalties for using a cell phone or texting as a junior driver if found guilty?2024-06-11T15:00:47+00:00

The first conviction for using a cell phone or texting will result in a suspension of your driver’s license for 120 days.

A second conviction within six months of the restoration of your license will result in a revocation of one year or more.

Can I drive unsupervised throughout New York State with a junior license?2024-06-11T15:00:41+00:00

No. You can drive unsupervised only within the region in which you received your junior license.

Are there different license restrictions for driving with a junior license or permit in New York City (all five boroughs) or Long Island?2024-06-11T15:00:31+00:00
What is Reckless Driving?2020-07-16T17:47:42+00:00

Reckless Driving is a violation of N.Y. Vehicle and Traffic Law § 1212. Reckless driving occurs when a person drives a motor vehicle or a motorcycle, a moped, or ATV in a manner that unreasonably interferes with the use of a public road or endangers the users of a highway, road, street or avenue.

If I am convicted of Reckless Driving, will I receive any points on my license?2020-07-16T17:47:21+00:00

Yes.  A Reckless Driving conviction will place 5 points on your license.

Is Reckless Driving a crime?2020-07-16T17:47:01+00:00

Yes.  Reckless Driving (N.Y. Vehicle and Traffic Law § 1212) is a crime.  It is considered an unclassified misdemeanor.

What are the penalties for Reckless Driving?2020-07-16T17:46:38+00:00

The penalties for Reckless Driving are:

  • 5 points on your license.
  • Up to 30 days in jail.
  • A minimum fine of $100 and a maximum fine of $300.
  • A surcharge of $88 (Municipality other than Town/Village)/or $93 (Towns/Villages).
Will I need to appear in court if I am charged with Reckless Driving?2020-07-16T17:46:14+00:00

Yes.  As Reckless Driving is a crime, your personal appearance will be required.  However, you should contact a criminal law attorney as there may be an opportunity for an attorney to appear on your behalf.

Do I need a lawyer for a Reckless Driving ticket?2020-07-16T17:45:53+00:00

Yes.  Since Reckless Driving is a misdemeanor charge, a criminal lawyer will be required.

Are there different types of speeding tickets?2020-07-16T17:45:28+00:00

Speeding is a violation of N.Y. Vehicle and Traffic Law § 1180.  A speeding ticket can be issued in several ways:

  • Driving too fast for road conditions (Speed Not Reasonable and Prudent).
  • Driving over a posted speed limit.
  • Driving over a posted speed limit in a school zone or restricted area.
If I get convicted of speeding, will there be points on my license?2020-07-16T17:44:16+00:00

Yes.  A conviction for speeding will result in points on your license.  The points are as follows:

MILES PER HOUR OVER SPEED LIMIT NUMBER OF POINTS
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
Over 40 11
What are the potential penalties for a first time speeding ticket?2020-07-16T17:43:37+00:00

For a first-time (non-school zone/non restricted zone) offense, the following are potential penalties.

MILES PER HOUR OVER SPEED LIMIT MINIMUM FINE MAXIMUM FINE DAYS OF JAIL SURCHARGE (other courts/town and village)
1 to 10 $45 $150 0 $88/$93
11 to 30 $90 $300 15 $88/$93
31 and higher $180 $600 30 $88/$93

The potential fines and jail time increase if this is not your first offense or if you received a ticket in a school zone or construction site.  You should contact a traffic attorney to discuss your potential outcomes if you have prior speeding tickets or your ticket was in a school zone or construction site.

Do I need to hire an attorney to handle a speeding ticket?2020-07-16T17:42:13+00:00

No. Since speeding is not a crime, an attorney is not required to handle your case.  You can appear in court and attempt to resolve your speeding ticket with the officer who issued the ticket or the attorney who represents the municipality where you were charged.

Should I hire an attorney to help me with a speeding ticket?2020-07-16T17:41:49+00:00

The decision to hire an attorney for a speeding ticket is a personal choice.  An attorney may be able to help eliminate your ticket if you are falsely accused or there are legal mistakes in the paperwork. An attorney may also be able to obtain a favorable reduction which can reduce points, fines and surcharges. Finally, a traffic lawyer may be able to resolve your traffic ticket so you do not have to go to court.  It is important to remember that multiple speeding tickets can cause significant license consequences including a license suspension. In other words, if you have any concerns beyond just the fine, such as license issues, potential points, or insurance concerns, you may want to consider hiring a lawyer.

How many points can I have on my license before it is suspended in New York?2020-07-16T17:41:16+00:00

If you obtain 11 points on your license in an 18-month timeframe, your license may be suspended.  Depending on your driving history, the reduction of points may be necessary for you to keep your license. Consulting with a traffic lawyer can be useful in minimizing the amount of points on your license.

If I have multiple speeding ticket convictions, will I lose my license?2020-07-16T17:40:42+00:00

Yes.  Your drivers license can be suspended if you have multiple speeding tickets.  Examples include 3 speeding tickets in 18 months or 2 convictions for speeding in a work zone. If you receive a speeding ticket, it is important to attempt to have the ticket reduced to a non-speeding offense.

Can I reduce points that are already on my license?2020-07-16T17:40:07+00:00

Yes.  You can reduce up to 4 points on your license by taking a New York State Department of Motor Vehicles Point and Insurance Reduction Program.  To obtain the benefit of the point reduction, you can take the Point and Insurance Reduction Program once every 18 months.

If I hire an attorney for a speeding ticket, do I need to appear in court?2020-07-16T17:39:43+00:00

No.  If you hire an attorney, your attorney can appear on your behalf if you prefer. You always have the option of appearing in court with your speeding ticket lawyer. You may be required to sign a waiver of appearance that allows the attorney to appear on your behalf.  In many Courts, if you hire an attorney, your speeding ticket lawyer will be able to resolve your ticket through the mail without the necessity or requirement of an appearance.

Are there common reductions for speeding tickets?2020-07-16T17:38:45+00:00

Yes.  The goal is to reduce/eliminate the points on your license.  With this is mind, some typical reductions include parking tickets or equipment violations which have no points or failure to obey a traffic control device, which has 2 points, but does not typically cause any increase in your insurance premium.

Will a speeding ticket cause my insurance to go up?2020-07-16T17:38:16+00:00

Most likely yes.  A conviction for speeding will, in many cases, cause your insurance rates to go up the next time your policy is renewed.  You should call your insurance agent to see the potential effects of a conviction on your insurance premium. You should consider contacting a traffic ticket attorney as the attorney may be able to help you obtain a reduction of your charge to something that does not cause your insurance rates to go up.

Are court appearances going forward during the covid/corona virus pandemic?2020-07-16T17:37:24+00:00

No.  Court appearances for traffic related offenses are stayed pursuant to Governor Andrew Cuomo’s PAUSE NY Order until, at least, May 30, 2020. If you do receive a ticket during this time frame, it is still in your best interests to hire a lawyer and send in your not guilty plea to the tickets.  While Courts are not in session, some attorneys for municipalities are still working on resolving speeding tickets.

What are your fees for traffic related matters?2020-07-16T17:37:02+00:00

Many factors go into the cost of a traffic related matter including the location of the court, whether the ticket be resolved through the mail or requires a personal appearance, the driving history of the person with the ticket, and the amount of time required to resolve the case or conduct a trial. For additional information regarding fees, please see our “HOW MUCH DOES A CRIMINAL LAWYER COST”.

Timeline of a Criminal Defense Case

LaMarche Safranko Law Testimonials

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Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY
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