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Fighting Common Brooklyn Moving Violations & Points
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Fighting Common Brooklyn Moving Violations & Points
Dealing with moving violations and points on your driver’s license can be frustrating and confusing. If you’ve recently received a traffic ticket in Brooklyn, you may be wondering what your options are. This article provides an overview of some of the most common Brooklyn moving violations, as well as tips for fighting tickets and avoiding points.
Common Brooklyn Moving Violations
Some of the most frequently issued moving violations in Brooklyn include:
Speeding
Exceeding the posted speed limit is one of the most common traffic violations issued not just in Brooklyn, but across New York City. Speed limits vary by road type and location, so it’s important to be aware of the limit wherever you’re driving. Getting caught speeding can result in fines, points on your license, and potentially a mandatory appearance in traffic court if you were driving more than 30mph over the limit[1].
Red Light Violations
Running a red light is another common violation that can lead to serious consequences. Drivers are required to stop when traffic lights turn red, and failure to do so may result in a ticket. Like speeding violations, red light tickets can include fines, license points, and may require a court appearance[2].
Stop Sign Violations
Failing to come to a complete stop at stop signs is illegal and dangerous. Brooklyn stop sign violations often occur when drivers “roll” through intersections without fully stopping. Violators can face fines of $50-$200 plus points[3].
Cell Phone Violations
It’s illegal in New York to use a handheld cell phone or electronic device while driving. This includes activities like texting, emailing, web browsing and more. Drivers face fines up to $200 for a first offense, with increased fines for subsequent violations[4].
Uninsured & Unregistered Vehicle Violations
All vehicles driven in New York State must be properly registered and insured. Failure to comply can result in civil fines and license suspensions. Drivers may also face criminal charges for driving without insurance[5].
Consequences of Moving Violations
The consequences for moving violations depend on factors like your driving history and the severity of the offense, but can include:
- Fines – Most moving violations carry fines ranging from $50 to over $500. More serious offenses can result in fines over $1000.
- License Points – Points are placed on driver’s licenses following certain violations. Too many points can lead to suspensions or revocations.
- Insurance Rate Increases – Traffic violations often cause auto insurance rates to rise, sometimes dramatically. Multiple tickets will likely increase your rates.
- Mandatory Court Appearances – Some violations require the driver to personally appear in traffic court, like excessive speeding tickets. Failure to appear can result in additional fines, a bench warrant, or license suspension.
Fighting Tickets & Avoiding Points
If you’ve received a traffic citation in Brooklyn, here are some options for contesting the ticket or avoiding points:
Hire a Traffic Ticket Lawyer
An experienced traffic ticket attorney can be invaluable in getting tickets reduced or dismissed in Brooklyn. They know the courts and prosecutors and can identify procedural errors or issues with evidence that may invalidate your ticket. While hiring a lawyer costs money upfront, having the ticket thrown out can save you hundreds or thousands of dollars over time by avoiding fines, insurance hikes and points. Traffic lawyers typically charge flat fees ranging from $200-$500 to handle a basic moving violation[6]. More serious violations involving accidents or criminal charges incur higher legal fees.
Request a Hearing & Plead Not Guilty
You can contest a traffic ticket by requesting a hearing and pleading not guilty. This forces the officer or agency issuing the ticket to prove the violation occurred. If the officer who issued the ticket doesn’t appear in court, the judge will often dismiss the case. However, requesting a hearing means you’ll need to personally appear in traffic court on your assigned date.
Attend Traffic School / Driver Safety Course
For minor moving violations like speeding or stop sign tickets, drivers in Brooklyn can attend traffic school to avoid getting points on their license. You must formally request to attend traffic school at your hearing. If approved, your case will get adjourned for about 90 days to complete an approved safety course. Upon completion, drivers can get up to 4 points reduced from their license[7]. Attending traffic school also prevents your insurance company from seeing the violation on your motor vehicle record.
Apply for a Good Driver Discount
Drivers with relatively clean records can apply for a New York Good Driver Discount after completing an approved accident prevention course. This results in up to a 10% discount on liability, personal injury protection, and collision insurance premiums for 3 years from the course date. Taking this discount course is a good option if you have few or no points to help offset potential insurance increases from a new violation[8].
Negotiate with the Prosecutor
If the evidence against you is overwhelming, your best option may be speaking with the prosecutor before your hearing to negotiate. They may agree to reduce the charges to a lesser offense that carries lower fines and no points, such as a parking violation. You can also discuss options like community service in exchange for dismissal. While not guaranteed, negotiating can help mitigate the consequences if you have little chance of winning at trial.
Avoiding Future Violations
The best way to avoid traffic tickets is simply to obey all posted traffic laws and drive safely. However, even careful drivers make occasional mistakes. Here are some extra tips for staying violation-free in Brooklyn:
- Leave ample time to reach your destination without speeding
- Use maps/GPS to avoid getting lost and making illegal turns/maneuvers
- Focus solely on driving – no phones or distractions
- Come to complete stops at stop signs and red lights before proceeding
- Maintain proper insurance and registration paperwork in your car
- Contest questionable tickets & use traffic lawyers liberally
Dealing with Brooklyn traffic tickets and points can be aggravating. However, understanding the common violations, potential consequences, and defense options will help you navigate the process. In many cases, experienced traffic violation lawyers can eliminate fines and points altogether. Don’t hesitate to explore all your options.
Resources
Articles & Guides
Traffic Lawyers
- Rosenblum Law – Top rated NYC & Brooklyn traffic lawyers
- Law Offices of Joel J. Spivak – Seasoned traffic & criminal defense attorney