Traffic Ticket Defense

Don't just plead guilty, Fight that ticket!

It’s so easy to just plead guilty, pay the fine and surcharge. But you don’t have to do that!

 

Let’s say you plead GUILTY thinking it’s just the path of least resistance. In addition to the cost factor, you will incur full points on your license.  And there is a possibility your insurance premium will increase.

Then what happens if you get another ticket?

 

You will pay another fine and surcharge, and have additional points on your license. Plus, you face the possibility of having your insurance premium increased again.

 

If that first or second ticket brings you to the six point mark, in an eighteen month window, you will also pay the driver responsibility assessment fee over a three year period.

Instead of pleading guilty when you get that ticket, call Mark Smalec FIRST! We will discuss the point system, license suspension and revocation, the persistent violator letter, and the driver responsibility assessment fee, which will shed more light on why you should not simply plead guilty.

How does this work?

Fighting a traffic ticket or moving violation does not have to take a lot of your time.

Many people can’t be bothered by going to court to defend a traffic ticket, so they just check the box and mail the ticket to the court, not realizing that their actions may have a profound effect on their driver’s license and their insurance rate. It won’t take a lot of your time to simply call me to discuss your ticket.

You don’t have to appear in court!

Mark Smalec can have your appearance waived by the court, so you will not have to appear in court at the pre-trial conference. Many people are not comfortable in court, in front of a judge, with a group of people looking on. In fact, in that setting, many people freeze due to the discomfort, and never end up saying what they had intended to say because of “stage fright.” That is why people hire lawyers. Mark Smalec will speak for you. The goal is zero points, or cut the points in half. Sometimes the summons is defective and Mark may be able to get your case dismissed.

You don’t even have to appear in my office!

Your time is limited and precious. You have work commitments, family commitments or school commitments, and the thought of filling your calendar with attorney meetings and court appearances can be daunting. And if transportation is an issue for you, that’s an added layer of concern. But Mark Smalec can make it easier for you because he can represent you, and you do not have to come to his office. Most clients retain him by way of email and telephone, without coming to his office. Mr. Smalec is always mindful of the potential inconvenience for clients, so he always makes his services available on terms which are most convenient for the client.

Points & Penalties for Speeding in New York State

* Add to this the Driver Responsibility Assessment Fee (DRAF) of $100 per year for 3 years, which is not eliminated, waived or reduced by the Driver Safety Course. For each additional point over 6 points you accumulate in 18 an month period, you must pay an additional $25 for each point annually for 3 years.

 

** At this point you will receive a persistent violator letter and your license will be suspended.

In addition to these points and penalties, three speeding tickets in 18 months will result in license revocation for a minimum of 6 months, depending on your negative unit status. If you have accumulated a large negative point score, your license can be revoked for up to 2 years.

 

Jail time is also a possible penalty for speeding:

  • Up to 10 mph over, not more than 15 days jail time.
  • More than 10 mph over, not more than 30 days jail time may be imposed.

Junior License Penalties

  • 60 day suspension for serious traffic violation (usually 3 points or more) or 2 other violations
  • 60 day revocation for another violation within 6 months (or 6 month revocation for probationary license)
  • Texting Violations: 120 day suspension for for first conviction of a cell phone or texting violation
  • Second conviction within 6 months will result in revocation for at least one year

Fines for Cell Phone and Texting Violations

  • First Offense Maximum Fine is $200
  • Second Offense Maximum Fine is $250
  • Third Offense maximum Fine is $450
  • Add to this the Surcharge which can be a maximum of $93
  • CELL PHONE AND TEXTING VIOLATIONS ARE  5 POINT VIOLATIONS