Thursday, December 11, 2014

SALINA TRAFFIC TICKET LAWYER'S GUIDE


Fight Your Salina Speeding Ticket

Salina Town maintains one of the busiest traffic courts in New York State.  The court is located at 201 School Road in Liverpool, New York.  Its postal zip code is 13088.  It is located in Onondaga County most notably known for the City of Syracuse.


We Can Help

Our Salina traffic ticket defense law firm has more than 30 years of legal experience and we have excelled at getting tickets either dismissed or reduced.  If you are interested in saving time, money, and points on your license, give our speeding ticket defense attorneys a call today at 800-893-9645.


About The Court

Salina employs two town justices.  They are responsible for the functionality and performance of the court.  Some of their many duties include adjudicating traffic violations, arraigning criminal charges, presiding over small claims, and performing marriages.

Criminal charges are usually misdemeanor matters and they are typically prosecuted by the District Attorney’s Office.  Civil cases are limited up to $3000.00 in controversy.  


Adjourning A Case

From time to time, a litigant may need to adjourn a court appearance.  It is recommended that a request for an adjournment on a civil or traffic matter be made at least 30 days prior to the court appearance and be done in writing.  


Town Justices and Clerks

Justice Paul G. Carey
Dina, Chief Court Clerk
Carol, Deputy Court Clerk

Justice Andrew N. Piraino
Jackie, Chief Court Clerk
DeBrenda, Deputy Court Clerk
Sheree, Assistant Court Clerk
Nancy, Assistant Court Clerk

The court clerk’s office is typically open from 9:00AM - 4:30PM.  They are responsible for helping the justices execute their day to day responsibilities such as sending out letters, collecting fine money, and answering questions on the telephone.


What Are The Elements Of A Speeding Ticket?

There are 5 core elements that a prosecutor must establish to prevail at a speeding ticket trial. These elements are:

1. Identification of the driver,
2. Operation,
3. Vehicle,
4. Jurisdiction, and
5. Speed over the limit.

If a prosecutor can establish these elements, they will usually win at trial.


Burden of Proof 

For a speeding ticket pending in local court, a speeding ticket is held to the same burden of proof as a criminal case.  The burden of proof is “proof beyond a reasonable doubt.”  

Proof beyond a reasonable doubt can be interpreted differently by different jurors, attorneys, and judges.  But there is no doubt, that this is the highest burden of proof if the American judicial system.


Two Forms Of Verification

In most traffic ticket cases, an officer will establish their traffic case with two forms of verification.  Many officers will use either a radar or laser to verify the speed.  They will further verify the speed using their training via visual estimation.  This combination of verification will usually help the prosecution meet their burden of proof.


How Many Points Am I Facing?

A speeding conviction can result in as little as 3 points against a driver’s license and as many at 11 points. While there are many scenarios that may trigger a license suspension or revocation, one of the most common scenarios involve a driver accumulating more than 11 points within an 18 month period.


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 Are The Fines On A Speeding Ticket?

When a driver is convicted of speeding, the judge has the option of imposing a fine as prescribed by law. The fine amount should take into consideration the specific facts and circumstances of the case. On every speeding ticket the court is required to impose a mandatory New York State surcharge. The surcharge is the monies designated for New York State. Fine will increase depending on the nature of the conviction and whether or not the driver is a deemed to be a repeat offender.



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


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 Salina 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