Articles Posted in Traffic Law

Have you been default convicted in a New York City DMV Traffic Violations Bureau? If so, you may wonder: What now? Do I have any options?

The good news is that being default convicted is not the end of the story. First, we need to address what it means to be “default convicted.”

What is a default conviction?

Were you found guilty by a judge for a New York City traffic ticket? If you have, like most people you are probably wondering what can be done about it.

Does it matter?

Being convicted of a traffic ticket in NYC can be serious.  Depending on the violation, a motorist can wind up paying dearly for the ticket. For example, it can mean paying thousands of dollars in car insurance increases and New York State Driver Responsibility Assessment. It is important, though, to understand the process of the courts in the five New York City boroughs: Bronx, Brooklyn, Manhattan, Queens and Staten Island.

New York State functions on a point system and it is especially important to know because of point consequences (for example see our License Revocation blog).

The point system

A point system is associated with traffic violations. Meaning that nearly every traffic violation carries points. New York State DMV assesses points to a violation. It is referred to as the Driver Violation Point System and allows the NYS DMV to identify and punish high-risk drivers.

Driver’s license revocations have recently been a popular topic by callers seeking the help of The Claro Law Firm. As such, it’s important to nail down the facts and consequences of revocations and what it really means.

What’s a revocation?

A revocation means a motorist’s driver license is canceled and a driver must apply for a new license when eligible.

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.

seatbelt-225x300

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.

Avvo Clients' Choice Award 2018
Avvo Clients' Choice Award 2017
ABA
NYSBA
Contact Information