There are two broad categories of New York traffic tickets, moving and non-moving violations. Both of these carry their own legal ramifications that can lead to a number of different punishments. Understanding the difference between them can help you present a compelling defense which can save you money and headaches. The attorneys of NY Traffic Ticket Lawyers explain what you need to know.
Moving Violations
Put simply, a moving violation occurs while an automobile is in motion. This ticket is typically handed out to a driver when:
- The vehicle was moving on a public street at the time of the offense in question
- The violation posed a possible risk to public safety
- The infraction itself was directly related to the driving (operation) of the vehicle
Common examples of moving violations include:
- Speeding
- Running a red light or stop sign
- Improper lane changes
- Reckless driving
- Using a cell phone while driving
There are complex rules and codes that surround the punishments of these types of infractions. In most cases, drivers will receive fines, points added to their driving record (which can negatively impact their driving privileges), and higher insurance premiums. In more serious cases a driver may be faced with suspension or revocation of their driver’s license and even jail time. The latter is most likely if an accident or a victim were involved.
Non-moving Violations
Generally, non-moving violations are less serious because they do not involve movement of the vehicle. Tickets are usually given because of an administrative or equipment issue, or because of the automobile’s location. These are some examples of non-moving violations:
- Parking violations, such as double parking
- Failure to display a valid inspection sticker
- Broken tail light
- Expired automobile registration
- Illegal window tinting
Although you can still receive fines for a non-moving violation, you do not receive points for them. This does not mean that a driver should take non-moving violations lightly, however. Parking rules are strictly enforced, especially in cities, so the fines can quickly add up. Your automobile could be towed and impounded as well, especially for parking violations.
How Can an Attorney Help Me?
In many cases, drivers who receive tickets simply pay the fine so they can be done with the issue as quickly as possible. But you should understand that this means you are admitting guilt and adding points to your license if you’ve been ticketed for a moving violation.
An attorney can review your situation and advise you as to whether this option is best or if it would be better to fight the ticket in court. Contesting the ticket is more likely to be a preferable alternative for a moving violation since the penalties are generally more severe. You have various options for challenging the ticket in court, such as:
- Disputing the evidence and its strength, possibly having some of it excluded
- Asking the court to dismiss charges that are weak or unlikely to be substantiated
- Bringing evidence to court to explain your side of the story, such as witness statements
- Talking with the prosecutor to work out a plea bargain
- Asking the prosecutor to reduce charges, especially if the evidence in favor of them is questionable
Let Us Handle Your New York Traffic Ticket
Our firm can also answer questions about the potential legal consequences of accepting a plea bargain, including for your insurance premiums. Finally, we can handle all court paperwork and, depending on the circumstances of the ticket, appear in court on your behalf. NY Traffic Ticket Lawyers is your comprehensive ticket defense law firm. Call now to get started with your ticket.
