New York Court Records
How to Fight a Traffic Ticket in New York
There are over seven hundred thousand traffic violations in New York every year. For each of these violations, traffic tickets are issued. These tickets are handed out by law enforcement agencies and are managed by the Traffic Courts and the Department of Motor Vehicles where they have jurisdiction. Generally, motorists that have violated any of the state's road rules are required to pay the tickets or contest the tickets in court. While the state does not recognize "no contest" as a plea option, offenders can still take a driver's improvement course to reduce the severity of consequences associated with the violations.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
Is it Worth it To Fight a Traffic Ticket in New York
Yes, it is absolutely worthwhile to fight a traffic ticket in Texas. While paying a ticket and getting it done may seem like a good idea, it is translated as an admission of guilt. This means that the full consequences such as points on driving records, exaggerated auto-insurance rates, and possible license suspension may be attracted. For what it is worth, fighting a ticket may be costlier than the actual cost paying off the ticket in Texas. Depending on specific circumstances, fighting a ticket in New York may be a lost case. As such, it is recommended to seek legal advice before proceeding to fight a ticket in court.
Ways to Fight a Traffic Ticket in New York
All non-criminal traffic ticket offenses issued in any of the 5 boroughs of New York City are handled by the Traffic Violations Bureau (TVB) of the New York Department of Motor Vehicles. Similar tickets issued in other cities and counties in the state are adjudicated by the traffic courts. To plead "not guilty" and fight a ticket in the TVB, start by scheduling a hearing with the particular TVB office located covering the area where the ticket was issued. Those that cannot appear in person or hire an attorney to represent them at the hearing should also complete and submit the Statement in Place of Personal Appearance. The judge will then hold a hearing and notify them of the final decision by email. It is also possible to reschedule a hearing with the TVB by selecting a new date and time. To fight a ticket in County Traffic Court, check the "not guilty" box on the back of the ticket. Photocopy the ticket and then take or send the original back to the county traffic court listed on the ticket to get a hearing date.
How to Fight a Traffic Ticket Without Going to Court
While defaulting motorists are allowed to fight traffic tickets through trial by written declaration in States like California, Illinois, and Oregon; such privileges are not allowed in New York. As such, it is not possible to fight a New York traffic ticket without going to court.
How do You Get a Traffic Ticket Reduced in New York
Non-movable traffic tickets such as parking violations may be reduced to a lesser point ticket. Generally, in New York getting a plea deal for most moving violations may not be possible. It is regarded as a win or loss situation where one either gets to plead guilty or fight a ticket. While attending a driver's improvement course may not affect the actual amount on the ticket, it can help reduce points on the driver's license.
Can you Get a Speeding Ticket Dismissed in New York
Yes, there are various conditions where a contested speeding ticket may be dismissed or rendered invalid in the State of New York. Under the New York Penal Code §§ 3505, speeding is justified when such conduct is necessary as an emergency measure in a situation that is not the fault of the actor. In other cases, the judge may dismiss the case based upon justification or technicalities such as the:
- The defendant wins in court
- The ticketing police officer doesn't show up
- The officer made errors in the defendant's name
What Happens if You Plead Guilty to a Traffic Ticket in New York
Pleading guilty to a traffic ticket means giving up right to a trial and by extension, accepting the associated consequences that come with the offense which can include:
- Points on driving record
- Compulsory payment of stipulated fines and surcharges
- Possible loss of driving privileges such license revocation or suspension
- Increase in auto-insurance premiums
- Other DMV penalties
- Potential jail time or community service
- Loss of employment, if a commercial driver's license or valid license is required
How to Find a Traffic Ticket Attorney in New York
It is recommended to seek professional advice to analyze the technicalities and determine the best steps to take in a specific traffic case. Even those facing less serious traffic infractions may still want to speak with an attorney, especially if they have accumulated multiple traffic tickets in the past three years. Traffic lawyers in New York can help a client negotiate for a lesser charge, maintain driving privilege, avoid higher insurance rates, and arrange a plea bargain for felony traffic convictions. The New York State Bar Association (NYSBA) provides helpful search tools for finding attorneys experienced in specific fields. The association also provides a compact directory to the various county bar lawyer referral services. Furthermore, some big cities with distinct bar associations such as the New York City Bar Association also offer Find a Lawyer search functions on their websites. Be aware that these services are not free of charge. Those that cannot afford to pay featured professionals may utilize the Free Legal Answers Webpage provided by the NYSBA.