Why you need to hire an attorney for a traffic ticket.
Most people who represent themselves in traffic court fall flat on their faces and lose “big time.” Or, they waste hours of time for little benefit. (like the poor sap who traveled from Maine to Hoboken N.J. to fight a parking ticket.) I see it every day and it saddens me. No offense to anyone, but quite simply, the average person has no clue about how the system works. People accept plea bargains which carry points. People negotiate with the wrong people!
Or, if someone is foolish enough to have a trial, they try to beat the cops with “clever questioning.” Or, even more pathetic, people say, “there is no way that I was going 90…” Against the polished testimony of a cop, this kind of court room antics leads to a guaranteed conviction. Remember, the cops are almost always believed in court. Those cops are in that court every day and they are on a first name basis with the court staff. When the cop walks in and the clerk says, “Hey Bobby, where yah eating lunch today?” then it is time to pack up and go home.
While we are on the topic, save your $14.95 and don’t buy those tempting “Beat your Speeding ticket” pamphlets available on the web. If you do order the pamphlet, make sure to order some mustard too, because mustard goes well with bologna.
Hire me and get a lawyer who knows the system.
Myth: He pulled me over because I have an Out of State plate.
Fact: If anything, out of state drivers are less affected by speeding tickets than in-state drivers. He stopped you because your speed caught his eye!
Myth: If the trooper is not wearing his hat, he is out of uniform and the ticket is invalid.
Fact: No such rule or law exists. Try this argument for a good laugh.
Myth: If the officer makes a mistake on the ticket, it will be dismissed.
Fact: In general, only material mistakes such as the highway, driver’s name, court name, direction of travel, or major discrepancies as to the description of the vehicle may disqualify a
ticket. Minor mistakes will be overlooked. Click here to see how we took advantage of a mistake on a 11 point speeding ticket.
Myth: If I pay a partial fine or an amount more than the fine, my case will stay open and the points will not get reported to the DMV.
Fact: If you pay too little, the court will suspend your license. If you pay too much, the court may or may not return the balance, and the ticket will be reported to the DMV.
Myth: If the cop doesn’t show up, the ticket dismissed.
Fact: In some upstate New York courts this is true, however in many upstate New York courts and in New York City the officer would have to not show up 2 or more times before it will be dismissed. In New Jersey, it is EXTREMELY rare for the officer not to show up; even if he fails to appear, the matter will likely be rescheduled to allow him a second chance.
Myth: You start with points and you lose points if you are convicted of a violation.
Fact: You start with zero points and you have points added to your license if you are convicted of any violation which carries points.
Myth: Taking a defensive driver course will reduce or eliminate your Driver Responsibility Assessments in NY
Fact: Taking a Defensive Driver Course will reduce your point count in NY, but it has no affect on your DRA.
Myth: One can plea bargain in New York City 5 boros traffic courts.
Fact: Absolutely no plea bargaining is allowed in the Traffic Violations Bureau. This has been the rule since 1968! Click for more info about this dreaded court system.
Myth: If you push off the ticket 18 months, you won’t get points.
Fact: It is correct that 18 months after the violation date, the points are no longer counted towards your total. HOWEVER, for 4 years after the conviction date, the conviction appears on your record and the insurance company will see it.
In short, the insruance company has their own point system for surcharges.
Example #1 (18 months after the violation date, the points disappear): 1st 6 point ticket is received January 1, 2008, 2nd 6 point ticket is received July 2, 2009 that equals 12 points and suspension, right? WRONG, the 6 points for the first violation disappeared on July, 1, 2009
Example #2 (18 months after the violation date, the points disappear): 1st 6 point ticket is received January 1, 2008, conviction is entered January 2, 2011 2nd 6 point ticket is received January 1, 2009 conviction is entered January 2, 2012 that equals 12 points and suspension, right? CORRECT, the motorist would have 12 points, even if the convictions happened long after each other, the DMV goes back to WHEN YOU RECEIVED THE TICKET.
Example #3 (4 years after the conviction date, the conviction disappears): 1st 6 point ticket is received January 1, 2008, and conviction is entered on Janauary 2, 2010 2nd 6 point ticket is received June 2, 2009 and conviction is entered on June 2, 2011 as of June 2, 2011, how many speeding tickets appear on the record that the Insurance company sees? the answer is: Both appear. License is suspended if 11 points are added to record for violations occurring within an 18 months period. Determination is made based on VIOLATION date, not conviction date.
More Information here: