Do I Need To Hire an Attorney

Published by 25 Comments

You’ve recently gotten a traffic ticket and now you are asking yourself this very question. When the police officer gave you the ticket, he explained what sounded like a simple process for answering this ticket. This “process” even allowed for you to respond by mail and it appears to eliminate any “red tape”, allowing you to more quickly put this mistake behind you. Also, fighting the charge could mean that you may have to appear in court a long way from your residence, depending on where you received the ticket. Doesn’t it make sense to just follow the easy path and mail the ticket in without representation?
A motor officer writes a traffic ticket for a ...
On the surface, the obvious answer seems to be yes. But, as anyone who has dealt with a government process can tell you, there is no such thing as simple when you are dealing with a government entity. The most obvious pitfall to pleading guilty by mail is that you have now opened yourself up for the maximum punishment that the court can administer. Additionally, you have also opened yourself up for the maximum points on your license, which could lead to an increase in your insurance premiums or a possible suspension of your license.

By hiring an attorney, you have hired an ally who knows the inner workings of the court system. This ally cannot only help you through the pitfalls of traffic court, but in the State of New York, he can also appear in court for you. Additionally, your attorney has most likely dealt with the judge and the district attorney on previous matters. This “working relationship” helps streamline the process and work in your favor when your attorney seeks to procure a reduction in your case.

Another matter that may be affecting your decision to hire an attorney is that you are not sure whom to turn to. We are constantly barraged by TV commercials from attorneys who are seeking your business. I can only advise you to look for an attorney the same way that I did. Before I decided to affiliate myself with a law firm, I made sure that their goals were the same as mine. I wanted to make sure that the attorney that I associated with was not looking to just make a dollar, but that he truly saw how complicated this process is, and that they had a plan to make it simpler, easier and less painful for his clients to resolve their traffic issues.

I will close by saying that in my 25 year law enforcement career, I have never seen anyone do worse by hiring an attorney for a traffic case, but I did see the majority of clients do considerably better.

 

categorized in:

This post was written by Sam


Leave a Reply

Your email address will not be published. Required fields are marked *


25 Comments

  • EL
    July 2, 2018

    Was pulled over by a NYS Trooper on I-87 in Albany (jurisdiction City of Albany) for speeding. Comment on the ticket states “Sameway radar far right lane at 83mph”. The trooper also discovered my NYS registration expired a few weeks ago (6/12). He issued two tickets, one for speeding and one for driving an unregistered vehicle. I registered the vehicle online immediately after completing the trip. Should I plead not guilty? Does the City of Albany hold plea bargin sessions to negotiate reductions?

    • Ronen Cohen
      July 19, 2018

      I recommend pleading not guilty and contesting your ticket. While this court does allow for plea bargaining, I would advise you to pay close attention to the offer presented to you. We have often found that certain offers may be more or less favorable to you based on your particular situation.

  • Betty Pieper
    November 28, 2017

    Does NYS offer safe driving courses instead of points for some kinds of offenses?
    Where can I find our more on this. If I call the local police they may think I’m negotiating
    or hassling them. What is the best way to find out alternatives in specific regions?
    Thanks.

  • DSJ
    February 3, 2017

    I was driving in Harlem showing a friend City College and the churches travelling on Convent Ave when
    the police pulled me over for running a stop sign. I did stop at signs but was driving very slowly and stopping to point out buildings which probably looked very suspicious. I was given a ticket vtl 1172a. Will this be points on my license if I pled guilty and paid the fine? How much will it cost to hire an attorney?

    • RLF Attorneys
      February 6, 2017

      This is a 3 point ticket that carries a fine of $243. I suggest you contact us for a free consultation at 888-883-5529.

  • David
    December 12, 2016

    I received a ticket under 1160D together with a “supporting deposition” which reads as follows:

    “Operator observed traveling east bound on Pondfield Rd at Garden Ave. The Operator did make a left turn to travel west bound on Pondfield Rd. the Operator did disobey turn restriction sign. Sign being a No U-Turn Sign. The Operator did fail to produce his New York State Photo Driver’s License”

    (I received a second ticket under “5091” but I have a licence; just thought I left it home. It was in my shirt pocket. Long story) My question is this: It seems the description is technically incorrect. I never made a left turn, though I did initiate my U-Turn from the left side. Unfortunately, I had passed the sign before I decided to make the turn (i.e., it was not in the intersection, but preceded the intersection where I made the turn). I figure I have to go to court to show the license, and wanted to know if I should fight the u-turn ticket. In addition to the description seeming off, it looks like they cite the wrong section of the code rather than 1160E governing U-Turns.

    • RLF Attorneys
      December 13, 2016

      Generally speaking, 1160D carries 2 points and maximum fines of $243. 509-1 carries 0 points, and has a maximum penalty of $393. In order to provide further informationm, we need additional details about your case – particularly as it relates to which court has jurisdiction over your case.

  • MC
    November 6, 2016

    Hi, I just received a ticket for doing 99 in a 65 in NY. I have a PA license. This is my first ever speeding ticket. Will I get points on my license? If so how do I get them removed?
    Thanks.

    • RLF Attorneys
      November 7, 2016

      you are currently facing an 8 point violation, that carries fines of $693, and assessment fees of $450. While we are not licensed in PA, and thus can not comment on the point system of that state, the violation will transfer for insurance purposes. Because of these substantial consequences, I strongly advise you to fight this ticket. You may reach us at 888-883-5529 for a free consultation.

  • Max
    October 19, 2016

    Hi,

    I got a ticket for doing 96 in a 65 in NJ but I have a NY license. Do I have to worry about the points transferring or should I just pay the fine? Are there any other implications?

    Thanks,
    Max

    • RLF Attorneys
      October 20, 2016

      Max – Points from NJ will not transfer over to NY. However, New Jersey will communicate the violation to New York, where it will be listed on your driving record for your insurance company to see. Your insurance rates can significantly increase based on this violation even if points are not incurred in New York.

  • TB
    October 13, 2015

    I got an speeding ticket for doing 47 on 25, tracked by radar on 1st Avenue in Manhattan, NYC. I think this gets me 6 points + DRA.

    At that time, the officers had arrived in teams and were also stopping several other cars. It was close to midnight.

    When he handed over the ticket to me, the officer said “Go to the court and Plead Not Guilty. Let the Judge decide what he wants to do”.

    I am not sure why he made that specific comment.

    How should I respond to the ticket ?

    • Adam Rosenblum
      October 14, 2015

      TB – I suggest you plead not guilty and fight these tickets, as there are significant financial implications. Please be advised, however, that there is no plea bargaining in this court system. You may contact us to discuss your case in further detail.

  • Hal Bowers
    July 18, 2015

    Just received a ticket in Canandaigua New York 1151A.

    “Fail To yield Right Of Way To a Pedestrian”

    The pedestrian waived me and the car to my right onward and HE WAS NOT in the crosswalk, but standing by it.
    An aggressive police offer choose to pull me over and let the other car go.

    Either way, it appears that there is a $150 1st offense fine and $85 surcharge and a 3 points added to my license.

    Is there a defense for this situation and whom might I want to work with in my area. Do you have an attorney to refer to …my zip code is 14564

    Thank you for your reply.

    Hal B. Victor, NY

    • Adam Rosenblum
      August 5, 2015

      Hal – our firm handles cases in this jurisdiction regularly. You may contact us for a free consultation at 888-883-5529.

  • oranit
    March 14, 2015

    i just received 2 tickets one for speeding and 2nd for changing lane without signal
    i checked on ticket and that my lead to 6 point for speeding and 2 for
    not signal .
    i know i was above the speed limit but not 22 mph above.( the speed limit was 50)
    regarding the signal later than i found out that one of my signal fuse is not working
    so i went to replace it and got a receipt for that. can it help.
    i was sure i did signal but the officer said i didn’t and just took my license.
    what are my chances to fight this two ticket or reduce the points.

    thank u

    • Adam Rosenblum
      March 15, 2015

      Please contact us to discuss further – in order to properly advise you we need more details – such as the location of the incident.

  • Cassandra
    January 13, 2015

    I just received two tickets, one for speeding and another for my vehicle being unregistered. We just moved to the state of NY from Utah and apparently the registration expired on 12/31/2014 (although on my ticket he put that it expired on 12/31/2013). We are currently underway of getting our car registered in the state of New York, however our vehicle has a rebuilt title and after we got it inspected and everything we went to get it registered and they told us a rebuilt title requires a different and special inspection (this is different than the state of Utah) and that it could take 2-4 months. However, I work and I am our only source of income and I HAVE to drive to work. I hope you can help me know what to do. Thanks

    • Adam Rosenblum
      January 13, 2015

      I suggest you plead not guilty and attempt to mitigate the fines associated with your tickets.

  • Jonathan Gillman
    January 2, 2015

    If I represent myself in court for a speeding ticket and the Judge decides to order me a lot of points and a high fine, can I then afterward hire an attorney to appeal the verdict or fight the decision of the court? I was speeding to avoid a dangerous situation so I feel my actions where justified. Also I keep reading if you postpone the case as long as you can eventually the officer will not show up or forget the case.

    • Adam Rosenblum
      January 5, 2015

      Jonathan – I suggest you consider retaining counsel before a court appearance, as there is no guarantee an appeal will be successful.

  • Trooper Sam
    June 2, 2013

    If anyone has any questions or comments, please post a comment here and I would be happy to answer them.

    • Reynaldo
      December 10, 2014

      If the vehicle has parking tickets from the previous owner, am I responsible?

      • Adam Rosenblum
        December 11, 2014

        The person to whom the car was registered when the parking tickets were received is responsible.

    • Dave Ramsnamy
      December 21, 2014

      I received a speeding ticket and i have a temporary registration on my car that expires on 1/2/2015 but for some reason he wrote down that my registration expires 8/15/2015 without looking at the one on my windshield. He only took my driver license and insurance card is this grounds for dismissal? Or does this not matter.