"Traffic Infraction is defined by the New York Vehicle and Traffic Law section 155.
A traffic infraction is not a crime. If you are charged with a traffic infraction, as opposed to misdemeanor or felony, it means that you do not have to appear in court and you may answer the ticket by mail. That answer may be "guilty" or "not guilty." We strongly advise against pleading guilty without first seeking a reduction.
A misdemeanor, on the other hand, is a classified as a crime and requires a physical appearance in court for an arraignment. Misdemeanors also...
Plea Bargaining for a Reduction
The overwhelming majority of traffic tickets, that drivers do not plead guilty to, are resolved through plea bargaining. Plea bargaining occurs with the prosecutor whereby the prosecutor makes an offer to the driver to plead guilty to a reduced charge. The reason the prosecutor makes these offers is to resolve the case. Otherwise the prosecutors would have to have a trial for every ticket. The prosecutor also seeks to serve the interests of justice.
For example, a driver is charged with speeding 84 mph in a 65 zone. The prosecutor may offer a plea to a...
This charge is for talking on your phone while driving. This post lists the fines and consequences of a conviction that the ticket does not tell you.
Are you wondering what is means to charged with imprudent speed? Read this post for a description and to learn the fines and consequences.
This post lists the fines and consequences of convictions for the most common types of speeding tickets.
Your ticket for speeding a construction zone does not state the fine or consequences of a conviction. This post does.
Speeding in a school zone can be a sensitive issue for prosecutors and judges. Read this post to learn the fines and consequences of the school zone speeding ticket.
New York law allows a person injured by someone else’s negligence to file a lawsuit and ask for damages. But the type of damages that you can recover depends on how the injury affects your life. In a personal injury case, those damages are typically thought of in two ways: non-economic damages and economic damages.
By Ralph Habib, Esq.
Criminal Procedure Law Article 690 governs Search Warrants
As Americans, we all have increased expectations of privacy in our homes. Pursuant to the 4th Amendment, we are supposed to enjoy a life free from being subjected to unreasonable government searches and seizures. A search warrant is an instrument used under specific circumstances by law enforcement to pierce the protection of these expectations.
How Are Search Warrants Granted and by Whom?
A local criminal court may, upon an application of a police officer, or other designated law...
We help many drivers licensed outside New York State. Many out-of-staters call mention that, unlike their home state, the NY ticket does not state how much the fine will be, how many points the conviction will be, or any other consequences of pleading guilty.
Prompted by our out-of-state clients, here are 7 answers to questions that care not answered by looking at the ticket.
1) How Many Points is My Ticket?
Points attach as matter of law for each conviction, even though you will not see any mention to them on the ticket or even in court.
The most common tickets are issued for speeding...