When to Fight Traffic Violations in New York

In the state of New York, drivers are obligated, as part of their privilege to drive, to participate in what is known as a points-system, which tacks certain numbers of points onto an individual driver’s license based on the severity and number of driving citations he or she incurs. In short, over a period, accumulation of too many points will result in administrative action, such as license suspension, revocation, or other complications. Aside from the administrative penalties, drivers will likely incur certain economic “penalties” following points-bearing traffic ticket convictions, most notably from raises in insurance premiums, as well as the fines for the citation.

When Pleading Guilty and Paying the Fine Makes Sense

Contesting a traffic violation can become a prolonged, and depending on how it’s done, a relatively costly process in certain cases. The following circumstances may provide a driver the incentive to accept the citation and pay the requisite fines, including citations incurring no points (most parking violations), warning citations, and citations with little or no point total implications for a driver.

When Contesting Traffic Violation May Be Helpful

The state of New York utilizes a Driver Responsibility Assessment program for drivers that accumulate six (6) or more points in an eighteen (18) month timeframe. These assessments are fines payable each year, for a period of three years, to keep one’s license in good standing. The fines, based on $100 for six (6) points plus an additional $25 for each additional point, could ultimately create a situation where it makes financial sense to spend the time and money to dispute the citation. Furthermore, these assessments and the associated points create insurance premium increases. These two items, when totaled together over a three (3) year period, most likely will cost much more than it will take to contest a given citation.

Additionally, a driver should consider being proactive about contesting citations. Six (6) points is not that difficult to accumulate in an eighteen (18) month timeframe. Nor are the required eleven (11) points mandating automatic license suspension. By contesting a ticket, which if convicted for that and a subsequent offense will create six (6) or eleven (11) points, a driver may spare him or herself problems down the road.

When Contesting a Traffic Violations Is Necessary

Furthermore, certain drivers may incur offenses and citations requiring a mandatory suspension of one’s license, or at least, a hearing requiring review of one’s license. These offenses should be contested, and if required at a hearing anyways, should involve some form of viable defense. Furthermore, offense pushing a driver over the point total requiring suspension (eleven (11) points in an eighteen (18) month timeframe) should be contested if a driver wishes to keep his or her license.

Getting Legal Help with Fighting Traffic Violations in New York

In practice, disputing traffic violations successfully is a realistic expectation in many cases, assuming a driver retains legal counsel and representation. In short, drivers that pose significant risk for future financial costs and fallout from loss of a license should retain legal counsel to dispute a traffic citation. While attempts to dispute a citation can be effective, these methods are entirely unreliable, and if a driver is at risk for serious fallout from a conviction of an outstanding citation, he or she must consult with legal counsel.