Long Island Traffic Ticket Lawyer

How Traffic Violations Differ from Criminal Offenses

Receiving a ticket for a traffic violation is different in many ways than being arrested and charged with a criminal offense. One of the biggest differences is in the penalties. Traffic violations often will not result in jail time, while many criminal offenses will. 

The penalties for traffic violations are generally fines, license points, and license suspension. These consequences are still difficult to deal with. Also, it is important to note certain traffic violations, like reckless driving while intoxicated (DWI), can result in criminal charges. 

Other differences include:

• The burden of proof: New York law maintains that the standard of proof in traffic violations is clear and convincing evidence. This differs from criminal case requirements, potentially making it easier to uphold a violation.
• The legal process: In a New York traffic violation case, you will not have the right to a court-appointed attorney or be able to seek a jury trial. These are rights that defendants have in criminal cases.

New York’s Driver’s License Points System 

The state of New York will put points on your driving record for various traffic offenses. If you get 11 points or more in 18 months, your license will be suspended.

The number of points assigned for a traffic violation is based on severity. For example, speeding can result in 3 to 11 points, depending on how fast you were going over the limit. As another example, failure to signal can result in two points, while texting and driving can lead to five. 

When will New York Suspend/Revoke Your License?

New York will revoke or suspend your license for certain one-time or repeat traffic violations. A revocation means your license is canceled, and you must get a new one to legally drive. A suspension only takes away your driving privileges for a period. 

New York may revoke your license if you:

• Are convicted of DWI twice or more
• Drove without proper vehicle insurance
• Committed multiple traffic offenses

New York may suspend your license if you:

• Failed to answer a traffic ticket
• Are convicted of DWI once
• Get 11 points on your record in 18 months

How Our Attorney Can Help You 

While you can handle traffic violation cases yourself, hiring an attorney like ours at Treglia Law is a decision you may be glad you made. Elisa Treglia, Esq., works directly with clients. This ensures they understand all the details of their case and enables her to tailor a defense to their needs. 

If you hire our attorney, she can help you in the following ways:

• Work to obtain reduced penalties or have courts drop your case, minimizing impacts on your ability to drive and day-to-day life
• Explain the legal process that lies ahead of you and prepare you for court appearances and other important meetings
• Analyze your case’s evidence, looking for law enforcement missteps or rights violations that she can highlight 
• Save you money in the long run by minimizing or helping you avoid fines and increases in insurance rates