How to Get Your Traffic Ticket Reduced in New York City
How to Get Your Traffic Ticket Reduced in New York City
With the continuing expansion of driving and parking rules in New York City, the odds of getting an expensive ticket have increased. New York City now imposes much more significant fines and penalties in an effort to change driver behavior, and raise revenue. In this climate, it is often worth trying to get a ticket reduced or even dismissed.
Understanding the Legal Process for Tickets in New York City
The Traffic Violation Bureau (TVB) is the division of the Department of Motor Vehicles (DMV) that processes traffic violations for the city. Parking tickets, red light camera fines, and other non-moving violations are not technically considered traffic tickets but citations and are handled through the city’s Department of Finance, and not through the DMV. If you received a NYC Traffic ticket, you can use the DMV website to get information, and to start the process for arranging a hearing.
While a judge makes the decisions at a hearing, the TVB is not a local court and operates under its own rules. Because of these special rules, it is important to work with a New York City attorney who understands the process. Using this knowledge can be much more helpful than self-representation.
The legal system for traffic tickets can be confusing, and traffic lawyers often know the best way to navigate the process. They can potentially help reduce or eliminate points, get tickets dismissed if they are improperly executed, and ensure that any penalties are fair and valid.
Contesting a Traffic Ticket to Reduce or Dismiss a Fine
Do not delay responding to the ticket--you typically have 15 days to respond, or you will risk a default guilty judgment or even a suspension of your license. The best way to begin the process is to use the DMV online form. In order to contest the ticket, you must plead “not guilty.” At that point, a hearing will be scheduled. Make sure you appear on the assigned date, or the judgment will go against you automatically.
Dismissing a Traffic Ticket in New York City
Bear in mind, if your ticket is to be heard by the TVB, there is no opportunity to “negotiate a plea deal” before the hearing. Unlike the regular court system, the TVB does not have a prosecutor from the District Attorney’s office. Instead, everything happens at the hearing itself. The officer that issued the citation will provide the city’s case against you. The officer will provide testimony after which you can ask them questions if you think the answers will support your position. You can also provide documentation or other evidence to plead your case. A judge will then decide whether or not to dismiss the ticket based on the evidence and testimony.
Your overall strategy is to try to get the ticket dismissed entirely, which is no easy task. The conviction rates for hearings before the TVB has been rumored to be well over 85%. You must provide valid, demonstrable reasons why the ticket should be dismissed. You will need to review the law and understand the nuances of what a judge will or will not consider an incorrect charge or invalid traffic ticket.
As a side note, do not fall for the myth that your ticket will be dismissed if the officer who issued the citation does not appear. They usually do because appearing in court is part of their job, and making court dates is often an element of their job performance review. Further, the DMV rules give the officer much leniency in rescheduling cases. Therefore the best advice is always be prepared to defend yourself.
Reducing a Ticket Fine in New York City
Because the rules are different in a hearing at the TVB, you cannot get a traffic ticket changed to a “lesser charge.” Instead, the goal is to fight the ticket and among other things, take into account flaws in process, or raise questions on technical matters.
For instance, a speeding ticket often starts with a visual estimate by an officer, who then might use a speed detector for a more precise confirmation of speed. On occasion, if these numbers are far apart, you might be able to argue your speed was the lower one---and that could reduce the fines and points on your license. Or, if your ticket results in a license suspension, you might need to convince the judge that you be allowed to drive for work or unavoidable health appointments.
Ignorance of a rule is not enough, nor are excuses without documentable evidence. Here’s where a New York City traffic attorney can help. They work with the TVB every day, understand what will convince a particular judge, and know the legal technicalities that a self-representative person would have no way of knowing. In the end, you might still be found guilty, but your attorney will fight on your behalf to give you the best chance of winning. Your attorney may also be able to modify the charge to lower points on your license, which can save you literally years of ongoing financial penalties, including rises in your insurance premiums.
CALL WAXMAN & BEER
212-269-3988
With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts, our team of local New York traffic lawyers will defend your tickets saving you money and time. We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums