Frequently Asked Questions
I have a traffic ticket shouldn't I just plead guilty and pay the fine?
No, If you plead guilty you can receive points can effect your license and can cause your insurance to go up, in addition to the fines you will have to pay. In addition, in many cases a good lawyer may be able to plea bargain away your tickets or reduce your points.
What if I cannot take the time off of work to fight the tickets?
In many cases your lawyer can fight your tickets without you being there.
I have numerous suspensions on my license for failure to answer tickets I want to get my license back as soon as possible I was advised by one attorney to go pay all the tickets is this right?
No, this is one of the worse things you can possibly do, While you want to answer the tickets as quickly as possible in order to get the suspensions lifted pleading guilty is the worse thing you can do as you may be pleading guilty to tickets that will prevent you from receiving your license back in the near future as the DMV may label you a persistent offender. If you are labeled a persistent offender the DMV will have to review your record and based upon your record will determine, after using their own internal negative units system, when you can reapply. We recently had a client in our office who decided to plead guilty to all open matters and now can not apply for a license for another 2 years.
How can I avoid being labeled a persistent offender or having my license taken away?
Don't handle your own tickets. Contact a lawyer who concentrates in Traffic Law. Retaining a lawyer who concentrates in traffic offenses can go a long way in keeping your license.
How much does a lawyer cost?
Prices vary from attorney to attorney and case to case. But the general rule is you get what you pay for.
Does completion of the program erase, remove or delete any violation, conviction, or notice of original number of points on my driving record?
No, point reduction will only affect points that have occurred during the 18 months prior to completion of the course. Any traffic violations, traffic convictions, and points will continue to show up on your driver's license. However, the DMV will not count up to four points against your driving record toward revocation or suspension of driver's license.
Driving With A Suspended/Revoked License Or Driving Privileges
Driving with a Suspended License in New York, also known as Aggravated Unlicensed Operation (AUO) is a crime which can either be a misdemeanor (511.1 or 511.2) or a Felony (511.3).
AUO - 3rd Degree - Unclassified misdemeanor punishable up to 30 days in jail, a mandatory fine from $200 to $500.This offense is committed when a person is operating with any suspension other than alcohol related.
AUO - 2nd Degree - Unclassified misdemeanor punishable up to 180 days in jail, a mandatory fine from $500 to $1000 Jail time is minimum mandatory 7 days unless given 3 years probation. This offense can be committed 3 ways and occurs when a driver:
- Operates with an alcohol related suspension or revocation;
- Operates with 3 or more active suspensions or revocations that have occurred on 3 or more separate dates;
- Commits AUO in 3rd Degree and have been convicted within the previous 18 months.
AUO - 1st Degree - Is a Felony and is punishable up to 4 years in prison and a mandatory fine of $1,000 to $5,000. This offense is committed when a driver:
- Operates a motor vehicle and has 10 or more suspensions or revocations imposed on 10 different dates.
- Commits the offense of AUO - 2nd Degree while intoxicated or impaired by alcohol or drugs.