Thursday, November 20, 2014

West Seneca Traffic Ticket Lawyer’s Guide

Fight Your I-90 Ticket And Save Money

Being stopped on I-90 and being issued a speeding ticket is terrible.  Pleading guilty and paying exorbitant fines, penalties, and insurance increases is not advisable.  Pleading guilty to a traffic ticket can have long-term negative affects that can last for years. 

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For instance, a guilty plea can result in a 3-year fine payable to the Department of Motor Vehicles as well as insurance increases for more than 3 years.  What a nightmare.

We Can Help

If you were given a speeding ticket, cell phone violation, or other moving violation and you are scheduled to appear in the West Seneca Traffic Court, we can help you fight your ticket.  Our ticket lawyers have excelled at getting tickets either dismissed or reduced and we have helped thousands of drivers save money, time, and points on their license.


How are points assessed against a license?

A conviction to a moving violation will result in points being assessed against a driver’s privilege to drive.  Once a driver exceeds 10 points, their license will be suspended by the Department of Motor Vehicles.  There are many other situations that can triggers a license suspension but they will not be discussed in this blog post.

A speeding conviction can result in as few as 3 points and as many at 11 points.  The number of points will depend on the rate of speed for which the driver is convicted. 

Here is a quick glimpse into the speeding tickets and the points assessed.

Speeding
Points
01 to 10 mph over the limit
3
11 to 20
4
21 to 30
6
31 to 40
8
More than 40
11



How much will a first time West Seneca speeding conviction cost?

Every driver convicted of a moving violation will be subject to pay a fine and surcharge.  The amount of the fine will vary depending on the nature of the conviction and the facts surrounding the ticket.

While the New York Legislature has set the range of fines allowable in a ticket case, the judge is in charge of imposing the fine.

This chart will give you a quick glimpse into the possible combinations of fines allowed on a first time speeding conviction.


1st time Conviction Within Eighteen (18) Months
Minimum Fine
Maximum Fine
Maximum Imprisonment
Points on Driving Record
Surcharge
10 mph or less
$45.00
$150.00
n/a
3
$88.00 or $93.00
11-30 mph
$90.00
$300.00
30 Days
4-6
$88.00 or $93.00
31 mph or over
$180.00
$600.00
30 Days
8-11
$88.00 or $93.00





What is a “surcharge?”

Several years ago, the New York Legislature imposed a mandatory surchage on every speeding ticket conviction.  The surcharge is a fee that the driver is required to pay on top of the fine imposed by the judge.  The surcharge may vary depending on the court which adjudicates the ticket.

Recently, the Legislature amended the law and have added a surcharge to parking violations under VTL 1201 and its related subsections.

What is the Driver’s Responsibility Assessment?

This is also known as the “DRA.”  The DRA is a penalty fee given to any driver for accumulating 6 points on their license.  They will receive an additional $75.00 fee for every point they accumulate above 6. The DRA can be paid over a 3 year period. 

The failure to pay the DRA will result in the driver’s privilege to drive to be suspended.


About The Court

West Seneca Town Court is located at 1250 Union Road in West Seneca, New York.  The postal zip code is 14224.   It is in Erie County.

The court is a court of limited jurisdiction.  I can preside over a limit amount of cases depending on the case in controversy.  In other words, civil cases heard in this court are usually referred to as small claims cases.  Criminal cases heard in this court are usually misdemeanor cases.  The majority of cases heard in this court are traffic tickets. 

We Can Help


Join the thousands of drivers that have saved money, time, and points on their license by hiring our law firm.  A former New York City prosecutor leads our Ashford Town Court traffic ticket defense practice.  We have the unique ability to quickly analyze traffic cases from both the defense perspective and prosecutorial perspective thereby giving you the effective and efficient legal representation.  We can be reached at 800-893-9645.

Charges We Fight: 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
·                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