Westchester County Speeding Tickets Attorney

Caught speedingBy far, speeding convictions take more New York drivers off the road than any other violation. New York State will suspend or revoke a motorist who has three or more speeding traffic ticket convictions (and/or misdemeanors) for violations that occurred within the same eighteen month period. Many times the operator is completely unaware of New York’s stringent rules requiring a six month revocation of one’s driving privileges once three traffic tickets for speeding convictions have occurred. Strange as it may seem, a motorist could be off the road for six months with only five (5) points on his/her license. For example, if each of three speeding charges are bargained down to just five miles over the limit (60/55 mph zone) from a higher charge (i.e., 80/55 @ 6 points), the point total for each speed is only 3 (see chart within 1-10 mph over the limit is assessed three points) yielding 9 points before taking the Driver Safety Course which offers a four point reduction of the driver’s point total. Once the course is completed the motorist point total is only five (5) yet there is a six month revocation for having incurred three speeding traffic ticket or misdemeanors) convictions within the same eighteen month period.

New York DMV doesn’t care how many miles a year you drive. The Sunday driver gets the same point allotment that a taxi driver receives. The Driver Responsibility Assessment is another surcharge on individuals who operate vehicles in NY. Now, if you are unlucky enough to have been found guilty of at least six points, there is a DMV surcharge of $300.00 payable at once or at the rate of $100.00 annually. Failure to pay will result in a suspension of your license to operate in New York State. This applies to out of state motorists as well. To add insult to injury, there is an additional charge of $25.00 per year for each of three years for each point exceeding six. For example, if one were to accumulate ten points, the annual surcharge would be $200 or $600 over the three years. Taking the Driver Safety Course does not result in a reduction of the surcharge.

WHAT CAN A SPEEDING TICKETS LAWYER DO FOR YOU ?

Harold Dee knows the penalties and DMV sanctions that await you if you make an uninformed decision regarding a Drunk Driving or DWI arrest or for a Speeding ticket or other traffic ticket matter. Mr. Dee has plea bargained thousands of traffic tickets including speeding tickets in local Village Courts, Town Courts, and City Courts in Westchester County, Rockland County, Putnam County, Dutchess County, Columbia County, Orange County, Sullivan County, Nassau County, and Suffolk County. Our affiliates, all experienced Vehicle and Traffic Lawyers, represent the firm throughout the State of New York.

Speeding trials involve violations of Vehicle and Traffic Law (VTL)1180a, charging unreasonable speed for the conditions, VTL 1180b, for speeds greater than 55 mph, VTL 1180c, for offenses occurring in school zones, VTL 1180d on roads with and requiring posted signage, VTL 1180e, when approaching railroad crossings, and VTL 1180f , when occurring within a “work zone”. The work zone speeding tickets are assessed at double fines but not double points. A conviction of VTL 1180f leads to double fines and a second conviction within eighteen months causes license or privilege (out of state motorists) suspension. Please see the speeding section for points attributable to these and other charges. Points are held against you for eighteen months from the violation date, not the conviction date.

Speeding tickets are commonly issued by New York State Troopers in Westchester County on I 684, I 84, I 87 (The Major Deegan or NYS Thruway), I 95, the Cross Westchester Expressway (I 287), the Sprain Brook and the Taconic Parkway. The Westchester County Police typically write speeding tickets on the Parkways within the County, namely The Hutchinson Parkway, the Bronx River Parkway, the Saw Mill River Parkway, the Cross County Parkway and, like the Troopers, wherever else they observe a violation. Various Town and Village Police write tickets generally for speeds exceeding 30 mph. The DEP Police write tickets for speeding violations around the water shed areas in Westchester County and in surrounding counties. The New York State Park Police will also write traffic and speeding tickets in areas surrounding NYS Parks within the State of New York. This practice is called “poaching” as they infringe on “territory” covered by other police departments.

In Putnam County the New York State Police are joined by the Putnam County Sheriff’s Department and local Town and Village Police. Police enforce traffic violations throughout the County but especially on Route I684, Route I84, Route 22, Route 9, Route 6, Routes 311 and 312, and very often on the Taconic State Parkway. We appear weekly in the Towns of Southeast, Carmel, Kent and Putnam Valley Town Court. The firm appears less often in Phillipstown, Cold Spring Village Court and Patterson Town Court.

In Dutchess County the New York State Police are joined by the Dutchess County Sheriff ‘s office and the various city, town, and village police departments. They enforce traffic violations throughout the County including on Route I84, Route 55, Route 44, Route 9, Route 22, and again, very frequently on the Taconic State Parkway as it meanders north through the County to Columbia County and eventually ends at Interstate 90 near Albany.

In Rockland County the Rockland County Sheriff’s Department enforces traffic rules throughout the county along with the various town, village and city police departments and the ever present New York State Police. Speeding tickets are typically written on I87, The New York State Thruway, I287, and the Palisades Interstate Parkway which has it’s own police force, The Palisades Parkway Police. The Rockland County Sheriff’s officers’ enforce traffic on the Garden State Parkway as it makes it way south into New Jersey.

In Orange County the Law Firm of Harold Dee will appear on your behalf in the Courts of Blooming Grove, Chester Town, Chester Village, Crawford Town, Florida, Goshen, Harriman, Highland Falls, Mamakating, Monroe, Tuxedo Park, Tuxedo Town, Walkill Town, and the Woodbury Town Court, a busy Court off the New York State Thruway, I87, at exit 16 by the Woodbury outlet mall.

New York’s Traffic Ticket Violation Point System

All New York State violations will be reported to DMV in Albany and added to the your current driver abstract where it will remain at least thirty nine (39) months. Violation history drops off at the end of the calendar year in which the 39th month occurs. If you are found guilty of a traffic ticket in NYS Traffic Violations Bureau (TVB) the update of your record occurs instantly as TVB and DMV share the same database. In Courts that transmit electronically the infraction will be entered by DMV upon receipt of the electronic batch record, normally at 12:01 AM the following day. When represented by a lawyer, the Courts allow the motorist two weeks to pay any fine imposed. Many courts do not “batch” up convictions until they are paid. This can be helpful if you are defending two or more violations as you may be able to calendar the appearances within a couple of weeks of each other so when plea bargaining the second traffic ticket there is no record of the impending guilty verdict from the first traffic ticket conviction.

If you are insured in New York State and receive traffic ticket convictions which have points associated with them, these points will be held against you for eighteen months and the conviction for the traffic ticket will show on your driver abstract for a maximum of fifty one months. In the most extreme example of how long a traffic ticket violation will stay on your record remember that the traffic ticket violation comes off at the end of the calendar year following the thirty ninth month after conviction of the traffic ticket. The bottom line is no one knows for sure if your insurance company will pick up the violation, but if they run your drivers abstract they will surcharge for the points associated with the conviction. We advise all drivers to retain a traffic ticket lawyer with traffic violation experience to attempt to negotiate a plea bargain to a reduced charge. Hopefully, a savvy traffic ticket lawyer will negotiate a plea to a non-moving traffic ticket such as parking or an equipment violation. This is preferable to a moving violation with more points.

The following chart of United States Department of Motor Vehicle Location and contact numbers should be utilized by out of state drivers to either eliminate or minimize the impact on your insurance rates from convictions suffered in New York. Use the chart below to contact your state’s Department of Motor Vehicle and ask how the pending New York traffic violation will affect your license in your home state.

Further Information

United States Motor Vehicle Departments by State

 

 

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