New York Traffic Ticket Attorney Blog

After a motorist pleads guilty to the traffic ticket or a lesser charge through the plea bargaining process, he or she must pay a fine to a corresponding New York State court. A court may levy other fines upon a driver, see New York State Traffic Ticket Fines and Penalties.

When a motorist does have to pay a court fine, how to do so part depends on the court handling the traffic ticket. Fines are paid directly to the court. The exceptions are fines paid for traffic ticket issued in Buffalo, Rochester, or New York City. Fines for these locations are paid to the Traffic Violations Bureau (TVB).

Each court has its own payment rules. Usually, though, a ticket can be paid by several different ways: online, in person, by phone or mail. For specific payment methods, contact the court.

New York City is unique for its skyline, but also for its traffic courts. The NYC courts are the only courts in New York State that issue Default Convictions.

With that truth in mind, a motorist needs to be armed with the answers to the following questions: What does it mean to be default convicted? What are the consequences of such? How does this affect me?

A Default Conviction – The Court System

What is a work zone? The law says a work zone is a highway construction or maintenance work area. These areas have special speed limits, which are usually less than the normally posted speed limit. The lower speed limit is for the safety of a driver and the people working in the construction or maintenance area.

Since people’s lives are involved, work zone tickets are serious violations and are assigned the same points as a non-work zone speeding violation. Points associated with a work zone speeding violation depends how many miles per hour over the speed limit a driver was going.

Speeds between 1-10 mph carries 3 points; 11-20 mph carries 4 points; 21-30 mph carries 6 points, 31-40 mph carries 8 points; 41+ carries 11 points. An accrual of 11 points in an 18 month period, will cause a suspension of NYS driving privileges.

The Answer

Brace yourself for the answer: FOREVER. Yes, you read that right. Points stay on your driving record forever, as in forever, ever.

You may have heard people say that after a certain amount of time points come off, or fall off your driver license. That is a myth. The ugly truth is that points stay on your license, or driving history FOREVER. Once points hit your driving record, those bad boys are there to stay as a big fat smudge on your pristine driving history.

We know “Buckle up, it’s the law.” Wearing a seat belt is the law for adults and, depending on their age, minors. Seat belts can save lives in a car accident. Adults know the consequences of not “buckling up” and bear the risk. Unlike adults, children do not. That is why the law and courts take this violation seriously, especially tickets that are issued for child passengers in a car.

The Law

The law says that in order to drive a car a driver and all passengers must wear a seat belt. There are few exceptions to the law, and the law is pretty straightforward. But what if you or a passenger is not “buckled up” and you, as a driver, are issued a No Seat Belt ticket?

A speeding ticket is a serious violation. A single speeding ticket can mean cause a suspension of driving privileges for too many points. An accrual of three speeding tickets within 18 months means a license revocation.

The Law

The law, NYS VTL§ 1180b, states that a driver must comply with posted maximum speed limits. Meaning that a person cannot drive faster than the posted speed limit sign. Everyone knows what a speed limit signs looks like and what it means.

“Buckle up, it’s the law.” So we have all been warned. The truth of the matter is that seat belts can save lives in a car accident. Adults know the consequences of not “buckling up” and bear the risk. But, children do not. That is why the law and courts take this violation seriously, especially for children who are passengers in a car.

The Law

With few exceptions, the law says to drive a car, the driver and all passengers must wear a seat belt. Pretty straight forward, but what are the consequences of  a No Seat Belt ticket?

What is a New York City default conviction? What are the penalties of being default convicted? And why does it matter to you?

A NYC default convicted can be a very big deal and cause major headaches for a local driver and out of state motorists. But, it is first important to understand the structure or procedure of the courts in the five New York City boroughs: Bronx, Brooklyn, Manhattan, Queens and Staten Island.

These courts are run by the Department of Motor Vehicles, Traffic Violations Bureau (NYC DMV TVB). The DMV is an Administrative Agency and is not controlled by a city, town or village court. The NYC DMV TVB has their rules. The biggest difference between the DMV TVB and other courts is that there is no “plea bargaining” or reducing points through a negotiation process. This means that a driver cannot talk to the officer or prosecutor and ask for a parking ticket instead of what he or she was originally charged with. Rather, every ticket must go to trial. Yes, a real trial in which there will be direct testimony and cross-examination. At the end of the trial, it is up to the judge to decide whether or not the driver is guilty of the original charge. If the judge decides that the driver is guilty, then points will be added to his or her driving abstract (driving history) and other unwanted consequences can happen, like a DMV assessment fee.

What is the Move Over Law?

The Move Over Law, New York Vehicle and Traffic Law Section 1144A (NY VTL § 1144A), requires drivers who approach a stopped police, emergency, or hazard vehicle to move over to the left.

The law applies to police, ambulance, fire trucks, tow trucks, and roadway construction, maintenance crews, and sanitation vehicles.