I Have A Speeding Ticket . . . Now What?
In New York, you are presumed innocent until you are found guilty or enter a plea of guilty. As such, the prosecution has the burden of proof to establish every element of the charge. In the local courts, the burden of proof is held to the standard of proof beyond a reasonable doubt.
You have the right to retain an attorney to represent you at every stage of the legal proceeding. A speeding ticket is not a criminal charge. Therefore, the right to have a free attorney is not available.
WHAT HAPPENS IF I ENTER A PLEA OF NOT GUILTY ON A SPEEDING TICKET?
Entering a timely plea of not guilty by mail will result in most courts mailing you a court date. This initial court appearance is called a pre-trial conference. Some courts will send you a notice to appear within 30 days, others will send it to you within several months.
If you have not received a court date from the court, you should not ignore your ticket. It is possible that the notice was lost in the mail. If you miss your court date, the court has the power to suspend your license. And, the act of driving with a suspended license is a crime for which you can be arrested. As such, if you are concerned about not receiving a court date, it is advisable to be proactive and ask the court whether or not a court date was issued.
At the pre-trial conference, you will have a brief opportunity to discuss the merits of your case with the prosecutor and potentially reach a compromise to resolve your speeding ticket. This process is usually referred to as plea-bargaining.
The court must approve all plea bargains. In other words, the court can reject a plea bargain and send you back to the prosecutor to re-negotiate your case.
If you cannot reach a common ground, your case will be adjourned for trial. At trial, you will have the right to view the prosecution’s evidence. You will also have the right to present your own defense and confront adverse witnesses.
A driver is not required to testify at trial.
Once all the testimony is heard and the trial is concluded, the presiding Judge will determine the facts and render a verdict. Some verdicts are given in court. Some verdicts are mailed to the driver.
WHAT HAPPENS IF I ENTER A PLEA OF GUILTY AS CHARGED?
When a driver enters a plea of guilty, they are waiving their right to have an open and public trial. A plea of guilty will have the same binding affect as if the driver was found guilty after a trail.
The Judge can impose a sentence including but not limited to a fine, a license suspension, and in some extreme cases, a jail sentence.
CAN A PLEA OF GUILTY BE UNDONE?
A plea of guilty can be revisited by filing a Coram Nobbys motion. This is also known as a motion to vacate. The act of filing a Coram Nobis motion does not guarantee that the conviction will be undone. It is the vehicle to have the court revisit whether or not the conviction should be vacated. If the motion is granted, the case is not dismissed. The ticket is usually given a new pre-trial conference date.
WE CAN HELP
On a standard speeding ticket, our client will never appear in court. We can appear on their behalf with an executed authorization to appear. This gives our law firm the binding power to appear and act on your behalf.
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
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.