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
