How to Handle a Traffic Ticket – the Do’s and Don’ts

If you have received a traffic ticket, there are a few things that you should (and should not) do:

• DO answer the ticket promptly and appear as directed by the court. This means following the instructions on the ticket and getting the ticket to the Court with a plea of either guilty or not guilty in the timeframe given on the ticket. Failure to do so may lead to the Court suspending your driving privileges which could lead to more severe charges later and potentially additional costs.
• DO make copies of your ticket and every court document you receive. These should be kept for your own records and will make it easier for an attorney to assist you should you decide to retain an attorney’s services.
• DO make sure you have received a supporting deposition for each ticket received. Often, a police officer will give you a supporting deposition at the time of the stop. This will be a second page attached to your ticket. However, if the officer does not issue you a supporting deposition, you or your attorney can request a supporting deposition from the Court.
• DO research traffic diversion or traffic reduction programs in the county where you received the ticket. Many counties in New York have programs that, if you complete them, can lead to your ticket being dismissed entirely. Other counties may have online reduction programs in which you can potentially receive an offer for a reduction. This may save you from having to appear in court as well if the ticket can be handled by mail. Not every county offers these types of programs, but doing even a simple web search for them can save you time, money, and even a potential traffic conviction.

• DON’T panic. Sure, no one likes to get a traffic ticket. But, there is no need to panic over a ticket. Follow the instructions on the ticket and work through the legal process with the Court and your attorney should you so choose to hire an attorney.
• DON’T plead guilty to the ticket as written. Generally speaking, pleading guilty to the ticket you received opens you up to the worst possible fines and surcharges that a Court can legally issue and also gives you more points on your license than any other outcome. This also forecloses any possibility of negotiating for a better outcome, being able to defend against the charges at a trial, or being able to make legal arguments regarding any potential issues with the ticket.
• DON’T be rude to the Court staff. If you need to call the Court regarding any questions you have regarding scheduling or procedure, be polite. The Court staff has a job to do and while they can answer your questions regarding appearances or scheduling, they cannot make you a reduction offer on a ticket or give you legal advice. Only the prosecutor can make a reduction offer and only an attorney can give you legal advice.
• DON’T call the Court or the prosecutor if you have hired an attorney to represent you. Neither the Court nor the prosecutor will talk to a represented party. Work with your attorney and let your attorney work for you.

Often, simple traffic infractions can be resolved on your own without the need to have an attorney involved. This can either be through a diversion program, an online reduction, or a pre-trial conference in person with the prosecutor assigned to your ticket.

• If you are facing any charges under NY VTL Section 1192. This section deals with alcohol and drug-related motor vehicle offenses. These are serious charges with a wide array of possible consequences.

• You are facing any misdemeanor traffic ticket. This will be clearly marked on the front of your ticket. Common traffic misdemeanors are (for example): Aggravated Unlicensed Operation in the 3rd Degree (VTL Section 511(1)(a)), Aggravated Unlicensed Operation in the Second Degree (VTL Section 511(2)(a)(i-iv)), and Operation while Registration is Suspended under VTL Section 512.

• You have been involved in a crash, especially if there was an injury to someone other than yourself or any sort of damage to a vehicle or property that does not belong to you.

• You hold a Commercial Driver’s License. Even if you are not driving a commercial vehicle when you receive a ticket, you may still face additional consequences to your commercial privileges beyond what would happen to a non-commercial driver.

• Your ticket is ineligible for a traffic diversion program.
• You believe there is a serious factual or legal issue with the ticket you received.
• You are facing multiple traffic tickets. This can be either from the same incident or across multiple courts. An experienced attorney may be able to negotiate a reduction offer with the prosecutor that could reduce the overall number of tickets you may face or the severity of those tickets.

• You live a significant distance away from where you received your ticket and wish to have an attorney in that area assist you in handling the matter. By working with an attorney in this situation, you can potentially resolve a ticket without the need to appear in Court as your attorney can handle the matter with the prosecutor with a potential resolution by mail.

While no attorney can guarantee a particular result (nor should they!), working with an attorney may be able to produce a result that would be difficult to get on your own. This could be due to an experienced attorney seeing legal issues with a ticket that you may not be aware of or simply due to the fact that an experienced attorney has handled such a large number of these tickets that the attorney knows what arguments to make that can lead to a more favorable resolution to the matter, regardless if the matter can be negotiated or will be taken to a trial.

The bottom line is traffic infractions can often be handled without the need for an attorney. This can save you time and money. However, there are situations when hiring an experienced attorney will be to your advantage.

If you believe you need an attorney to assist you with a traffic matter or simply want an attorney to represent you, do not wait. Traffic tickets do not get better with age and do not go away if you ignore them. Contact an attorney to discuss your matter.