Questions & Answers

Yonkers, New York Traffic Violation Defense Attorney

After getting a traffic ticket, shouldn't I just pay it and get it over with?

Not necessarily. By just paying, you are pleading guilty to the traffic charge and will be opening yourself up to potentially paying the maximum fine allowed by law. Also the conviction will be recorded on your DMV record for a period of years. A conviction on your record can increase your insurance costs. Also if you accumulate other traffic charges, the combined points can lead to the loss of your license. A competent traffic violation defense lawyer can evaluate your particular situation and determine whether or not it's advisable to fight the ticket in court.

Why is my prior driving record important?

When you are charged with a traffic violation you need to be concerned with the number of points attached to the particular violation. What people often times overlook is the fact that points have an 18 month life-span. The life-span begins to run from the date of the violation, not the date of conviction. Points are added to pre-existing points within the same 18 month window of time. Therefore, when you are charged with a violation our office always considers what your prior driving record is. We want to know whether you have points on your record and how "old" they are. Our concern is whether points incurred from a plea bargain on your current charges will be added to pre-existing points on your record.

What is a moving violation?

A moving violation refers to a violation of a traffic law made by a vehicle in motion. Examples of a moving violation are speeding, failing to stop at a stop sign or running a red light, and drunk driving. On the other hand, non-moving violations refer to parking or fault equipment. Examples of a non-moving violation are parking in front of an expired parking meter, parking in front of a fire hydrant, and driving with a defective muffler which creates excessive noise.

What's the difference between an infraction and other traffic violations?

 A traffic infraction is a minor traffic offense which results in a fine but not imprisonment. An infraction is a crime of lesser degree than a misdemeanor. Some traffic violations are misdemeanors which carry heavier fines and the possibility of imprisonment for up to one year. The most serious traffic violations are felonies, which usually involve repeat offenses and injury to another person or property. Felonies have even harsher penalties, including stiff fines and possible imprisonment for over one year.  Examples of misdemeanors are failing to stop at the scene of an accident, driving without a valid license, driving without insurance, and reckless driving. Examples of felonies are repeat DWI/DUIs, certain hit and run offenses, and vehicular homicide.

What should I do if I am pulled over by a traffic cop?

Pull over safely and quickly, letting the officer know that you are complying with him. Use your signals and pull as far to the right on the shoulder as you can. Roll down your window, turn off your lights, and place your hands on the steering wheel. Be polite. You gain nothing by antagonizing the officer involved. Review the scene where you supposedly committed the violation. Be alert for anything that you might use in your defense.

To find out more about how you can defend yourself in a traffic charge, contact Yonkers traffic violation defense lawyer Aaron G. Baily today!