Most Common Traffic Tickets in New York
Each year, New York State Police and other law enforcement agencies throughout the state issue to drivers a countless number of traffic violations. Most traffic violations are considered moving violations. Moving violations most often have a fine attached to the charge and a number of points are assessed against the driver’s license.
New York’s most common traffic violations are issued on highways. This includes violations for speeding, traffic device violations, and seat belt violations.
New York State’s most common traffic violation is for speeding. Speeding occurs whenever a driver operates his or her vehicle at a rate of speed greater than posted. Certain factors–such as construction zones, school zones, or others–can result in a more serious violation. Therefore, it is important that drivers be aware of the differences.
General speeding violations are quite common. Fines are assessed on a graduated scale, meaning that fines increase as the rate of speed becomes more excessive.
A conviction for speeding also results in points being assessed against a driver’s license. The more excessive the speed, the greater the points. New York’s point system breaks down as follows:
- 1 – 10 MPH 3 points
- 11 – 20 MPH 4 points
- 21 – 30 MPH 6 points
- 31 – 40 MPH 8 points
- More than 40 MPH 11 points
New York State’s Department of Motor Vehicles (DMV) can suspend driving privileges whenever a driver accumulates an excessive amount of points against his or her license. The DMV can suspend driving privileges for those drivers accumulating 11 points within an 18-month period. Therefore, a single speeding conviction, albeit one of traveling more than 40 miles over the speed limit, can lead to the suspension of driving privileges.
Speeding in work zones is a more serious traffic violation. Fines for work zone speeding convictions are doubled; a regular $200 fine would be $400! Moreover, receiving two work zone speeding convictions within an 18-month period will result in a driver’s license being suspended.
Many drivers either forget or choose not to wear their seatbelt while driving. New York law requires that all drivers and passengers wear a seatbelt. A seatbelt violation can result in a driver being issued fines, points, or both.
Drivers over the age of 21 will not receive points against their license if they are found to drive without a seatbelt. Instead, they must pay a fine, typically between $75 to $125. A surcharge will also be assessed.
A driver may also be issued a citation for a child passenger that is without a seatbelt. These violations will result in both 3 points and a fine.
Cell phone and Texting Violations
The ever-connectedness of modern society makes it easier to call, text, and check email while driving. However, this practice is prohibited by New York law. Cell phone violations result in the assessment of 5 against one’s driving record. New York law also covers texting while driving as well as the use of a “personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.”
CONTACT A NEW YORK TRAFFIC LAWYER TODAY
If you have been issued traffic tickets of any kind, you should contact a skilled and experienced defense attorney. The lawyers of Hirsch & Hirsch may be able to help negotiate a reduced charge or a plea in your case. Call 516-486-8500 today for more information.