Traffic offenses can come with a range of potential penalties, ranging from jail time and fines handed down by the criminal courts to license revocations from the New York Department of Motor Vehicles (DMV). In fact, even if you are facing a relatively minor speeding ticket for the first time, it can be crucial to have the representation of an experienced lawyer, like Mamaroneck Traffic Violations Attorney Michael J. Borrelli.
He can explain and defend your rights, helping you navigate the path to the best possible resolutions. That can help you avoid or limit the negative impacts on your driving record, your criminal record, and/or your life.
Explore the following content and links for a closer look at some of the various traffic violation cases that Westchester County Defense Lawyer Michael J. Borrelli handles. For specific answers related to your charges, case, and legal options, don’t hesitate to contact Attorney Borrelli.
New York authorities and laws take speeding seriously. When motorists are accused of driving in excess of the posted speed limit, the potential penalties will vary, depending on:
- How fast they were going: The most minor cases will involve speeding within 10 miles per hour (mph) of the posted speed limit. Those can be punishable by up to $150 in fines and up to 15 days of incarceration. The potential fines and jail time can double at speeds that are 10 to 30 mph above the posted limit. At speeds that exceed the limit by at least 30 mph, the fines can go up to $600.
- Whether they have prior speeding convictions on their record: Having a prior speeding conviction within the past 18 months can lead to higher fines in a subsequent case. If motorists are convicted of speeding 3 times within a given 18-month period, their driver’s license can be revoked.
- Whether other aggravating circumstances are involved: For example, speeding in a school or highway work zone can result in fines being doubled. That can be true even if school was not in session or construction work was not occurring when the speeding allegedly occurred.
Here, it’s crucial to note that speeding convictions can also result in points added to one’s driving record (more on that below).
Driving in a manner that interferes with the safe flow of traffic or that endangers others on the roadway can result in reckless driving charges. New York law classifies reckless driving charges as misdemeanors, with penalties varying according to whether it’s a:
- First offense: With no priors, a first-time conviction of reckless driving can result in up to 30 days in jail and up to $300 in fines.
- Second offense: Potential jail time can triple with a second offense, with up to 90 days incarceration stipulated by law. Fines too will jump up, increasing to well over $500.
- Third offense: With up to 180 days in jail and up to $1,125 in fines, a third-time conviction of reckless driving can clearly have serious consequences.
Of course, aggravating factors, like alleged drunk driving, can complicate a reckless driving case while putting far more severe penalties on the table.
Leaving Scene of an Accident
New York law requires motorists to stop at the scene of a crash and exchange certain information with the other involved party or parties. Failing to do that is a criminal offense, and the severity and potential penalties for any resulting charges will depend on whether:
- There were any injuries: If the accident only involved property damage (and no injuries), the offense may be considered a simple traffic violation (for a first-time offender). However, if any injuries—even minor ones—have been sustained, criminal charges can come into play.
- Serious or deadly injuries were involved: Fleeing the scene of a crash resulting in severe or fatal injuries can bring felony-level charges, usually Class E or Class D felonies (respectively).
Cell Phone Use & Texting While Driving
Just like drunk driving, distracted driving has been a major focus of legislators and law enforcement officials in recent years. That’s why New York laws levy hefty penalties for using cellphones and texting while driving. It’s also why police commonly run crackdowns to nab as many drivers as possible who they think may be violating the law.
When drivers are accused of violating this traffic law, they can face fines of $50 to $200 for a first offense, with the maximum fines increasing for each subsequent conviction.
Motorists with a junior or probationary driver’s license can face a 120-day suspension of their license (or permit) for a first offense. After that, they can lose their rights to drive for up to a year.
Driving on a Suspended License
Known as Aggravated Unlicensed Operation (AUO), driving on a suspended license can be a:
- Misdemeanor offense: This includes 2nd and 3rd-degree AUO charges. In the most serious cases, 2nd-degree charges can be punishable by up to 180 days in jail and up to $1,000 in fines.
- Felony offense: With 1st-degree felony charges, a conviction could result in up to 4 years in prison and up to $5,000 in fines.
If a driver’s license suspension is part of the terms of a probation case, the case can become far more complex. Depending on the circumstances, that could mean the accused ends up facing a probation violation case and/or additional criminal charges.
As one of the most serious traffic offenses on the books in New York, vehicular manslaughter refers to the reckless operation of a vehicle while intoxicated, resulting in the death of another party. These charges are always felonies, and they can be filed in situations involving motor vehicles and boats.
In vehicle manslaughter cases, the severity of the charges and potential penalties will depend on whether the allegations result in:
- 2nd-degree charges: These Class D felony charges can be filed when motorists are accused of causing a death while allegedly drunk driving. Upon conviction, 2nd-degree vehicle manslaughter can be punishable by up to 7 years in prison and up to $5,000 in fines.
- 1st-degree charges: These Class C felony charges can come into play when the defendant allegedly had a blood alcohol content (BAC) of 0.18 or higher. They can also be filed when the defendant has a prior DWI conviction, a prior vehicle manslaughter conviction, and/or a suspended license. Upon conviction, 1st-degree vehicle manslaughter can be punishable by up to 15 years in prison and up to $5,000 in fines.
- Aggravated charges: These Class B felony charges can be filed when there are multiple deaths, there are victims younger than 15, or there are severely injured victims (along with fatalities). Upon conviction, aggravated vehicle manslaughter can be punishable by up to 25 years in prison and up to $5,000 in fines.
New York DMV Point System
The Driver Violation Point System (DVPS) tracks traffic violations as a way to identify risky drivers and penalize them after they have accumulated a certain number of points. Specifically, getting 11 points within 18 months results in a driver’s license suspension. Points vary by offense, with some including:
- 3 to 11 points for speeding (depending on the speed and how much higher it was than the posted limit)
- 5 points for reckless driving, texting while driving, failing to stop for a school bus, or committing a railroad crossing violation
- 3 points for failures to yield the right-of-way, child safety restraint violations, running a red light or stop sign, or leaving the scene of an accident (with property damage only)
- 2 points for signal failures and most other moving violations
Here, it’s important to understand that these points will only be added to motorists’ driving records when they are convicted of the offense in question. Mamaroneck Traffic Violations Lawyer Michael J. Borrelli can help motorists throughout Westchester County, NY, fight the charges while striving for the best outcomes possible.
Find Out Your Best Defense Options: Contact Westchester County Traffic Violations Lawyer Michael J. Borrelli
If you or a loved one has been accused of a traffic-related offense, don’t gamble your record, your finances, or maybe more by facing the courts alone. Make sure you have an experienced attorney in your corner, ready to fight for you and help you a fair, favorable resolution. Make sure you retain Mamaroneck Traffic Violations Lawyer.
With tens of thousands of traffic cases under his belt, Attorney Michael J. Borrelli has the skills and deep knowledge to provide superior defense representation for:
- Misdemeanor and felony cases alike
- First-time defendants and those with criminal records
- Every phase of a case, no matter what proceeding or legal settings it demands
Call (914) 825-8620 or contact us online for a FREE, confidential consultation. We offer consultations 24/7.
As a former Assistant District Attorney and a DWI supervisor in Westchester County, NY, Attorney Borrelli has deep expertise in New York criminal law, as well as lasting relationships with the courts and police in Westchester County. He also brings more than 25 years of criminal law experience to every case he takes on, including a near-perfect success rate in more than 40 felony criminal trials.
Beyond his outstanding credentials and reputation for excellence, Attorney Borrelli is devoted to helping people just like you. He is proud to offer first-class, personalized service, so you are never confused, anxious, or under pressure when it’s time to go to court.
This can make a big difference in your peace of mind as your case proceeds. It can also give you confidence that you have the advocacy and support you need and deserve when it’s time to mount the fight of your life against violent crime charges in Westchester County, NY.
Find out your best defense options against traffic-related charges now in a FREE consultation.
If you’re going to court over a traffic ticket in New York, it’s best to hire a New York traffic violation attorney. In New York, traffic ticket offenses can leave a stain on your record, especially if you already have a significant amount of points on your license. You even run the risk of having your license revoked. In this case, a NY traffic ticket lawyer can help.
Some of the most common traffic violations include:
- Speeding: Ranges from 3-11 points on your license. In very, very rare cases, the driver risks facing prison time.
- Reckless Driving: Possible 5 points on your license.
- Cell Phone Use: Possible 5 points on your license.
- Disobeying a Traffic Device: 2 points on your license.
- Improper Passing: 3 points on your license.
- Unsafe Changing of Lanes: 3 points on your license.
If a driver acquires 11 points on their license within an 18 month period, they will likely have their license and driving privileges suspended. In New York state, your driver’s license will be revoked once you reach three speeding tickets within an 18 month period. If you have a traffic ticket offense, a traffic violation attorney can help.
Aside from points on your license, traffic tickets can lead to financial trouble down the line. Depending on your ticket/violation, your insurance may increase its premium. This excludes the possible fee you may have to pay with the ticket.
New York law is confusing and a court can be nerve-wracking, but you don’t have to go through it on your own. By hiring a traffic lawyer, you are protecting yourself from unnecessary financial stress and possible revocation of your driver’s license. A traffic lawyer can also help you keep your insurance premiums as low as possible after your traffic incident. In his 24 years of experience, Michael Borrelli has helped countless drivers wipe points from their license and achieve a clean record. If you need help fighting a traffic ticket, call Michael Borrelli today.