Wednesday, September 28, 2011

Ready for Trial: A Speeding Ticket Story

I was retained to represent a commercial driver for a moving violation in Yonkers Court.  My client was very distressed because he drives for a living.  As a "class E" driver, he was facing additional sanctions.  In particular, my client would lose his job if he was convicted of his charges.  He was accused for driving 56 mph in a 30 mph zone and and an insurance violation.  His driving record was not great and he had prior convictions.

If you need help fighting a speeding ticket, give me a call at 914-723-7900.

Upon meeting my client, I assured my him that, although we cannot guarantee a particular result,  we would do everything possible to help him fight this matter. 

Like every client I meet for the first time, I advised him of the risks involved.  First, his speeding violation carries a 6 point violation against his license.  Not only would a conviction to this charge involve a mandatory $300.00 fine by Albany, but it also carries a possible jail sentence and fines close to $400.00.  To boot, he was facing a significant insurance increase.  Second, if he was convicted for the insurance violation under VTL 319(1), he would be facing a mandatory 1 year license revocation.

In light of his predicament, I advised him that his best strategy on this particular case would be to have a trial.  I don't recommend trial for everyone on of my clients but his particular set of facts deemed it necessary.

On the date of the trial, I appear in court and state that I am ready trial.  Likewise, the presiding judge and prosecuting officer appeared ready to proceed.  However, the case was delayed due to other matters being handled by the court at the same time.

To my satisfaction, while there was an interlude in the court action, I was approached by the prosecuting officer.  I explained that my client and I am ready for trial.  Upon hearing those words, the officer tendered an offer that would save his job and license.

At the end, my pleaded guilty to a  zero point violation and he was sentenced to a $200.00 fine and his promise to complete a defensive driving course.

I am very pleased with this result for my client.  I truly believe that the lesson learned is that it is always important for an attorney to be ready for trial even if trial may not be necessary.