Thursday, January 23, 2014

A Walk Through Olive Traffic Court

Lawyer’s Guide to Fighting a Speeding Ticket in Olive NY

Fighting a ticket can be a daunting task.  There are many new elements that non-experienced traffic attorneys will face.  Some elements include fighting with a judge, prosecutor, and police officers.  Others can include standing up in front of a crowd and presenting a case, presenting a legal analysis, and offering documents into evident.  Whatever the situation, our law firm has put together this blog to help you better understand the legal process involved in fighting a speeding ticket in Olive Town Court.


Olive Town Court has a civil component and a criminal component.  On the civil side, it has the power to hear essentially small claims cases.  This can include things such as landlord tenant disputes, contractual fights, and zoning issues.  On the criminal side, it mainly adjudicates misdemeanors.  Usually lumped in with criminal cases are traffic tickets.  Although most traffic tickets are not criminal cases, they are governed under the Vehicle Traffic Law and Criminal Procedure Law.

The court is located at PO Box 201, Bostock Road, in Shokan, NY.  Their zip code is 12481.  Shokan is located in Ulster County.  Ulster County is north of New York City and south of Albany.  It is a rural community known for its beauty and outdoor activities.


There are many state patrolled roads in and out of the jurisdiction of Olive.  One of the more heavily patrolled roads is State Route 28.  This road has varying degrees of speed but for the most part it is a 45 mph speed zone.  Once you drive along this stretch of road, you can easily see why it is easy to drive above the speed limit.   Nonetheless, an innocuous speed is still subject to being issued a hefty speeding ticket.  This will not be a viable defense in court.


Every driver that is issued a speeding ticket has a date certain for which they need to enter either a guilty or not guilty plea.  The date is listed on the ticket.  If a driver fails to timely enter a plea, their privilege to drive can be suspended.  Note, driving with a suspended license is a criminal act for which a driver can be arrested and have their car impounded.  Most drivers enter their plea by mail.  We recommend that driver’s enter their plea via some sort of return receipt requested. 


If a driver enters a plea of not guilty, the court will send them a letter advising them to come to court.  At this court appearance, the driver will have an opportunity to present their the strength and weakness of their case.  Typically, the first appearance is not a trial date so coming prepared to argue the full case may be moot.


It is always a good policy to come to court prepared.  Having the court notice in court is advisable.  It will help the court ascertain the most important information about your case quickly.

A driver should bring their driving record to court.  If the record is clean, it can be persuasive and help mitigate the situation.


Our law firm represents hundreds of drivers a year.  We have excelled at getting tickets either dismissed or reduced.  We have saved our client hundreds in fines and penalties and consistently reduced their exposure to insurance increases.  If you need help fighting an Olive traffic ticket, give our lawyers a call today. 800-893-9645