Monday, October 27, 2014

How to Fight a Ticket in Wurtsboro in Mamakating?

Why Fight A Wurtsboro Speeding Ticket?

A view of the entrance to Mamakating Town Court
Fighting a traffic ticket saves money.  It is our position that every moving violation should be fought.  The long-term consequences of pleading guilty to a Wurtsboro speeding ticket, cell phone violation or other moving violation can have adverse consequences for years to come. 

Although the adverse consequences of pleading guilty to a ticket may appear nominal today, a guilty plea can have a significant domino affect in the future.  If a driver should receive another ticket 4 years later, the conviction will still appear on their New York State driver’s abstract.  Upon review from a prosecutor, cop or judge, it will appear that the driver is a repeat offender.  As such, the ticket will usually be dealt with a less favorable outcome.

A typical plea of guilty to a traffic ticket will involve large fines, points on their license, and insurance increases.  Some of the most serious offenses can include a license suspension, a license revocation, DMV penalty fees, and incarceration.

How to Fight A Speeding Ticket in Mamakating?

The first step in fighting any ticket begins with a timely entry of a not guilty plea.  Tickets issued by the New York State Police will have two boxes for which a driver can enter a plea.  Box A is a guilty plea. Box B is a not guilty plea.  Strictly adhering to the law, a not guilty plea must be entered by mail within 48 hours of receiving the ticket.

If a not guilty plea is entered by mail, we recommend that the plea be entered by some kind of return receipt requested.  From time to time, courts will not receive a plea.  If this should occur the burden is on the driver to prove that it was properly done.  The failure to timely enter a plea can result in a driver’s privilege to drive to be suspended.  The act of driving with a suspended license is a crime, which can result in an arrest and impounding of the vehicle.

Once a timely plea is entered, the court will assign a pre-trial court date.  Some drivers will receive a court date faster than others.  The assignment of a court date is contingent upon court availability. 

Mamakating Town Court is a part time court.  Traffic Court is not held on a daily basis.  As such, depending on the availability of court staff and the ebbs and flows of ticket writing, a driver may receive a court date several weeks or months after the ticket is issued.

When the court date arrives, the driver should come to court prepared to advocate on their behalf in a quick cogent manner.  Remember, the court will have many other traffic tickets to be heard and their time is limited.  To effectively present a defense, all exhibits and submissions should be collated in very concise and organized manner.

At the pre-trial conference, the driver will have an opportunity to meet with either a prosecutor or police officer.  At the conference a plea bargain may be offered.  The plea bargain is typically a reduction to the charge in the interest of justice.

If the plea bargain is acceptable, a plea of guilty will be entered in open court.  A plea of guilty will have the same affect as if the driver was found guilty after trial.

If all parties cannot agree upon a plea bargain, the matter will be set down for trial.

A trial, the driver will have an opportunity to confront their accuser and the charges must be proven beyond a reasonable doubt.

About Our Mamakating Ticket Lawyers

 Our law firm has over 30 years of legal experience and we are led by a former prosecutor.  We have been recognized as some of the finest lawyers in the State.

Join the thousands of drivers that have saved time, money and points on their license with our traffic ticket defense firm.  Call our former prosecutor at 800-893-9645 and ask for a confidential consultation today.

Here is a list of some common charges were have helped our client’s fight.

  • Speeding under VTL § 1180 (b)
  • Speeding under VTL § 1180 (d)
  • Cell Phone under VTL § 1225
  • Child Seatbelt under VTL § 1229
  • Failure to Move Over under VTL § 1144-A
  • Failure to Signal under VTL § 1163
  • Following Too Closely under VTL § 1129
  • Operating Without Insurance under VTL § 319
  • Operating with a suspended registration under VTL § 512 (Misdemeanor)
  • Red Light under VTL § 1111
  • Stop Sign Violation under VTL § 1172
  • Suspended License Operation under VTL § 511.1 (Misdemeanor)
  • Unsafe Lane Change under VTL § 1128