Everyday unsuspecting travelers from every region of New
York State are issued speeding tickets.
These tickets are issued on public roads ranging from major interstate
highways to small backcountry roads.
Regardless, the result is the same. The poor unsuspecting drivers are faced with the conundrum
of whether or not to fight the ticket or simply plead guilty and wait for the
fine.
It is without fail that at least 2-3 times a week, I meet a
driver that wants to fight their ticket based upon an inaccurate radar
reading. While driver’s want to
challenge the scientific accuracy of radar, it has become accepted by the
courts as being scientific reliable.
That being said, that does not mean that a radar reading cannot be
challenged.
In order for radar to be allowed into evidence, the
prosecution must establish three things.
First, the radar device must be scientifically reliable. Second, the
radar device must be accurate. Third, an officer that has been trained to
properly use the device must operate the radar device.
SCIENTIFIC RELIABILITY
For the most part, local courts in New York have accepted
the scientific reliability of a radar device. As such, the need to subpoena an engineer to lay the
foundation of reliability in court is not necessary.
ACCURACY
Just because a radar device is accepted to be scientifically
reliable, the prosecution still needs to establish that the police officer’s
particular radar gun was functioning properly in an accurate manner. Most officers in New York will test
accuracy with a tuning fork prior to starting their patrol. This tuning fork test has been widely
accepted among the judges as an adequate test to suffice for radar accuracy.
TRAINING
Most judges in local court will accept a police officer’s
training in the police academy or a training program administered by qualified
instructors to suffice for this requirement.
If you were issued a NY Traffic ticket, give a call at 800-893-9645 to schedule your confidential consultation.
Fines and Surcharges
Our attorneys fight for our clients and attempt to resolve their case with the most favorable possible outcome. Below is a list of fines associated with some of the most widely issued tickets in the state. (Fines are subject to change without notice). Call our lawyers now at 800-893-9645 for a consultation.
Offense | Fines |
First-time speeding offense | $45 to $600 |
One or more speeding tickets
(within eighteen months)
| Up to $1,575 |
Traffic Infraction | $100-$300 |
Disobey a Traffic Signal
(red
light)
| $225-$675 |
Misdemeanor Convictions
(no other penalty provided)
| $200-$1,225 |
Uninspected Vehicles | $25-$200 |
Unregistered Vehicle or Trailer | $25-$200 |
Equipment Violations of Vehicle or Trailer | $0-$100 |
Surcharges | $ varies based on the charge and location |
New York Driver Assessment
New York State imposes a Driver Responsibility Assessment (also known as a DRA) for drivers who accumulate six points or more are earned on the driving record. Call our lawyers now at 800-893-9645 for a consultation.
Assessment | Fine |
Six points or more on record | $300 one time payment; or $100 each year for 3 years |
Any additional points earned over six points | $25 for each point for 3 years |
Refusing to take a breathalyzer test, conviction for alcohol related traffic offense or conviction for drug related traffic offense | $250 each year for 3 years |