Corning Lawyer's Guide to Understanding New York State Traffic Tickets

 Many speeding tickets issued here in Upstate NY
from Upstateroads.com

I get calls regularly from those coming back from Canada or Buffalo or Rochester on I-17/86 or 390.
So you got a traffic ticket in Upstate New York. What now? Well you probably have lots of questions?? The purpose of this blog post is to answer and explain the most common ones.

First Question, what TYPE of ticket is it? 

Is it just a Traffic offense (non-criminal) OR a Criminal offense?

You will NEED a Lawyer for a criminal offense!

Second Question, Do you need to Physically Show up to Court? 

Again, is it a Criminal Charge?

You will NEED a Lawyer for a criminal offense!

The tickets, also called UTTs (Uniform Traffic Tickets) come in two distinct shapes:

the long skinny handwritten one, let's call it the "4 x 9"
the full page computer generated one, let's call it the "8.5 x 11"

State Police use the long form "8.5 x 11" and also give an additional page called "A Supporting Deposition." This is a sworn statement by the police. It states what they observed, or heard, or radar they used to determine speed level infraction.

To Determine: Traffic or Criminal: Look at the box which has one of three choices (levels) marked:

tr infrac (traffic infraction aka a violation: non-criminal offense)
misd (misdemeanor, first level of crime in NYS: criminal offense)
fel (felony, highest level of criminal offense in NYS)

If it is a Criminal Offense (like a 1212 Reckless Driving or a AUO Aggravated Unlicensed Operator) you will need to do TWO things: Get a Lawyer and Show Up to Court Physically.

Third Question, If it is NOT a criminal offense, are you pleading Guilty or Not Guilty?

btw You can also plead guilty with an explanation (that may possibly influence the fine)

To have the most legal rights you MUST send back your Plea choice back to the Court within 48 Hours of receiving the ticket. If you do not do this you will lose your right to request a Supporting Deposition, and have the ticket dismissed if this (the supporting dep) is not received back from the Court within 30 days of the Court receipt of this request. This is usually not an issue with State Trooper tickets as the state police give supporting depositions at roadside.

Fourth Question, If you plead guilty, first determine what pleading guilty will do to you? 

Will your license privileges (in NYS and elsewhere) be affected?
What fines, surcharges, and/or DMV assessments are you exposed to?

These are your first four basic questions. Get the answers to them as quickly as possible when dealing with a Upstate NY traffic ticket.

Larry Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

http://www.ithacadwi.com

607-229-5184
newman.lawrence@gmail.com

Three Things You Must Do When Handling Your Own Upstate Ticket

Why Can't I Get them on the Phone?
from the motherco.com

I get phone calls daily from people who are frustrated with the legal system (really the Upstate Courts).
Many Courts are part-time, with part-time staff, part-time Judges, and minimal resources. This may mean that they have no email, no website, limited or no voicemail, and limited hours.

These frustrated souls tried to handle their own traffic tickets, and sometimes it was a bit harder than they realized. This blog post gives you the top three things you must do to assure and insure a better "pro se" (self representation) experience.

If you decide to handle your own traffic ticket in Upstate New York (or anything place else for that matter) YOU must do at a MINIMUM three basic things:

1. Make copies of everything you send to the Court.

I can't even tell you the number of people who call me with Court problems, and swear that they sent in pleas of guilt or innocence or a payment that was never received. They are now wondering why their driver's licenses' have been suspended. Sometimes they don't discover their suspension till many years later. Imagine getting arrested for AUO (aggravated unlicensed operation) because someone lost your paperwork or a check you sent in.

Everything truly means everything, this will include any letters, tickets, signed documents, checks, money orders, etc. Keep records of any correspondence with the Court in a separate file until you receive proof from the Court it was resolved.

2. Send everything into the Court R.R.R. (Return Receipt Requested).

You can choose to also send it certified or registered mail but be sure to send it RRR every time to insure it was received and signed for. Proof is not something to trifle with. If you can't prove it was received, then it wasn't.

3. Follow up, and follow through on all actions.

If you send in a NG (not guilty plea) or a guilty plea always CONFIRM all. Call them or fax them but make sure you get a name (of a clerk or a judge), and keep a log of what they said to you and/or about your case.

Lastly, Until you have paid a fine notice, or received back a letter stating it was all dismissed then the matter is still pending. Pending Court matters are like open wounds, they are not resolved until they are sealed. Pending Court matters if unresolved can result in a license suspension or a warrant being placed for your arrest, this will depend upon the nature (type) of charges.

Confirming closure always makes for a better night's sleep.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com