Articles Posted in Traffic Law

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.

It has probably happened to you or someone you know because it happens more often than you think. What are we talking about? You get into an accident and the police arrive at the scene. After making, and issuing, a police report several tickets are handed to one of the drivers. Here is an example:

Toby works in Yonkers, New York. After a long day at work he is driving home to Elmsford, NY. Toby is a good driver and has a clean driving record. While driving on the parkway, Toby quickly checks his rearview mirror, but his eyes focus on the road just in time to see the car in front of him at a dead stop. Unable to stop in time, Toby slams into the back of the car with a load “BANG!” After an initial evaluation of the situation the police are called and the officer issues Toby a traffic ticket for following too closely (VTL § 1129-a). What? Not fair! The officer was not there when the accident happened. Can he issue Toby a ticket for a traffic infraction he did not witness?

These are excellent questions and exactly why you should consult a traffic ticket lawyer if you received a traffic violation from a police officer who did not witness the violation. At The Claro Law Firm, we will fight your ticket and fill you in on your rights, which can be the difference of having your ticket dismissed or accruing points to your driving record. The traffic ticket attorneys at The Claro Law Firm know what law firm’s who do not concentrate in traffic law do not know: a police officer cannot write a motorist a traffic ticket for a violation that happened when he was not there. The law says that in order for an officer to have authority to issue a motorist a traffic ticket, the violation must have happened in the officer’s presence. Even so, police officers often write tickets after they are called to the scene of an accident. However, if the offense you are charge with was not committed when the police officer was presence, this can be a basis for having your traffic ticket dismissed.

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