Should You Fight a Traffic Citation in New York?

By max@dotcomlawyermarketing.com
July 6, 2024
9 min read
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Should You Fight a Traffic Citation in New York?

Getting a traffic ticket in New York can be a frustrating and stressful experience. Your first instinct may be to simply pay the fine and move on with your life. However, that's often not the best course of action. At Spodek Law Group, we strongly believe that in many cases, it's worth fighting your traffic citation. Here's why:

The Hidden Costs of Pleading Guilty

When you pay a traffic ticket, you're essentially pleading guilty to the violation. This might seem like the easiest option, but it can have serious consequences that go far beyond the initial fine. Here are some of the hidden costs of pleading guilty to a traffic citation in New York:

Points on Your License

Many traffic violations in New York result in points being added to your driving record. For example:
  • Speeding (1-10 mph over limit): 3 points
  • Speeding (11-20 mph over limit): 4 points
  • Speeding (21-30 mph over limit): 6 points
  • Texting while driving: 5 points
  • Failure to stop for a school bus: 5 points
  • Following too closely: 4 points
If you accumulate 11 points within an 18-month period, your license can be suspended. Even if you don't reach that threshold, having points on your record can lead to higher insurance premiums.

Insurance Rate Increases

Speaking of insurance, pleading guilty to a traffic violation can cause your rates to skyrocket. Insurance companies view traffic tickets as evidence that you're a risky driver. Even a single ticket can lead to rate increases of 20-30% or more. And those higher rates typically last for 3-5 years.

Potential License Suspension

Certain violations, like driving without insurance or accumulating too many points, can result in an automatic license suspension. This can severely impact your ability to get to work, take care of your family, and go about your daily life.

Employment Consequences

Some jobs, especially those that involve driving, require a clean driving record. A traffic violation on your record could jeopardize your current employment or future job prospects.

Fines and Surcharges

The fine listed on your ticket isn't the only cost you'll face. New York also imposes surcharges on traffic violations. For example, there's a $88-93 surcharge on most moving violations. These additional fees can add up quickly.As you can see, the true cost of a traffic ticket goes far beyond the initial fine. That's why we at Spodek Law Group always recommend at least exploring your options for fighting the citation.

Benefits of Fighting Your Traffic Ticket

Now that we've covered the potential downsides of simply paying your ticket, let's look at some of the benefits of fighting your citation:

Possible Dismissal

In some cases, we may be able to get your ticket dismissed entirely. This could happen for various reasons, such as:
  • Errors on the ticket
  • Lack of evidence
  • Procedural mistakes by law enforcement
  • Constitutional violations
If your ticket is dismissed, it's as if it never happened. You won't have to pay any fines or face any of the other consequences we discussed earlier.

Reduced Charges

Even if we can't get your ticket dismissed, we may be able to negotiate for reduced charges. For example, we might be able to get a speeding ticket reduced to a non-moving violation. This can result in lower fines, fewer (or no) points on your license, and less impact on your insurance rates.

Avoiding Points

By fighting your ticket, you may be able to avoid having points added to your license. This is crucial for maintaining a clean driving record and avoiding license suspension.

Preserving Your Driving Record

A clean driving record is valuable for many reasons. It can help you maintain lower insurance rates, keep your job if you drive for work, and avoid the stress and inconvenience of license suspension.

Potential Cost Savings

While there is a cost associated with hiring an attorney to fight your ticket, it often pays off in the long run. When you factor in the potential insurance increases and other long-term consequences of a conviction, fighting your ticket can actually save you money.

How We Fight Traffic Tickets

At Spodek Law Group, we have a proven track record of successfully fighting traffic tickets in New York. Here's an overview of our approach:

Thorough Case Analysis

We start by carefully reviewing all aspects of your case. This includes:
  • The ticket itself
  • The circumstances of the stop
  • Any evidence the officer collected
  • Your driving record
  • Applicable laws and regulations
This thorough analysis allows us to identify any potential weaknesses in the case against you.

Negotiation with Prosecutors

In many cases, we can negotiate with prosecutors to reduce or dismiss charges before ever stepping foot in a courtroom. Our attorneys have built strong relationships with local prosecutors over the years, which can be invaluable in these negotiations.

Courtroom Representation

If your case does go to court, you can rest assured that you'll have experienced, aggressive representation. We know how to effectively cross-examine officers, challenge evidence, and present compelling arguments on your behalf.

Exploring All Options

We leave no stone unturned when fighting your ticket. Depending on the specifics of your case, we might:
  • Challenge the accuracy of speed detection devices
  • Question the officer's observations
  • Argue that your actions were necessary for safety
  • Identify procedural errors in how the ticket was issued
  • Raise constitutional issues about the traffic stop
Our goal is always to achieve the best possible outcome for you, whether that's a full dismissal, reduced charges, or minimized penalties.

Types of Traffic Tickets We Handle

At Spodek Law Group, we handle all types of traffic violations in New York. Some of the most common include:
Violation Type Potential Points Typical Fine Range
Speeding 3-11 $150-$600
Red Light 3 $150-$300
Stop Sign 3 $150-$300
Texting/Cell Phone 5 $50-$200
Improper Turn 2 $150-$300
Following Too Closely 4 $150-$300
Failure to Yield 3 $150-$300
No matter what type of ticket you're facing, we have the knowledge and experience to help.

When to Consider Fighting Your Ticket

While we generally recommend exploring your options for fighting any traffic ticket, there are some situations where it's particularly important to do so:

You're Facing Serious Charges

If you're charged with a serious traffic offense like reckless driving or leaving the scene of an accident, the stakes are much higher. These offenses can result in criminal charges, hefty fines, and even jail time. In these cases, it's crucial to have experienced legal representation.

You Have a Commercial Driver's License (CDL)

For commercial drivers, even minor traffic violations can have serious professional consequences. If you rely on your CDL for your livelihood, it's usually worth fighting any ticket you receive.

You Already Have Points on Your License

If you're close to the 11-point threshold for license suspension, fighting your ticket becomes even more important. We may be able to help you avoid additional points and keep your license.

The Ticket is in Error

If you believe the ticket was issued in error - for example, if the officer mistook your vehicle for another or if there were extenuating circumstances the officer didn't consider - it's definitely worth fighting.

You Can't Afford the Insurance Increase

Remember, the long-term cost of increased insurance premiums often far outweighs the initial fine. If you're concerned about affording higher insurance rates, fighting your ticket could save you money in the long run.

The Process of Fighting a Traffic Ticket in New York

If you decide to fight your traffic ticket, here's a general overview of what you can expect:
  1. Pleading Not Guilty: The first step is to plead not guilty to the ticket. This can usually be done by mail or online.
  2. Pretrial Conference: In some cases, there may be a pretrial conference where we can negotiate with the prosecutor.
  3. Trial: If a resolution isn't reached during pretrial negotiations, your case will go to trial. This is typically held before a judge, not a jury.
  4. Verdict: The judge will render a verdict of guilty or not guilty.
  5. Appeal: If necessary, we can explore options for appealing an unfavorable verdict.
Throughout this process, we'll be by your side, handling all the legal details and fighting for the best possible outcome.

Why Choose Spodek Law Group?

When it comes to fighting traffic tickets in New York, experience matters. Here's why so many New Yorkers trust Spodek Law Group:
  • Extensive Experience: We've successfully handled thousands of traffic cases throughout New York.
  • Comprehensive Knowledge: Our attorneys stay up-to-date on all changes to New York traffic laws and regulations.
  • Aggressive Representation: We fight tirelessly for our clients, both in negotiations and in the courtroom.
  • Personalized Approach: We understand that every case is unique, and we tailor our strategy to your specific situation.
  • Proven Track Record: Our history of successful outcomes speaks for itself.
  • Excellent Communication: We keep you informed every step of the way and are always available to answer your questions.

Don't Face Your Traffic Ticket Alone

If you've received a traffic ticket in New York, don't make the mistake of simply paying it without exploring your options. The long-term consequences could be more serious than you realize.At Spodek Law Group, we're here to help. We have the knowledge, experience, and dedication to fight for the best possible outcome in your case. Whether you're facing a simple speeding ticket or a more serious traffic offense, we're ready to put our expertise to work for you.Don't let a traffic ticket derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. Let us show you how we can help fight your ticket and protect your rights.Remember, when it comes to traffic tickets, the right attorney can make all the difference. With Spodek Law Group on your side, you can face your traffic citation with confidence, knowing that you have a team of experienced professionals fighting for you.Ready to fight your ticket? Give us a call today. Your future on the road may depend on it.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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