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Myths And FAQs About Traffic Tickets

There are many misconceptions regarding traffic violations. This information may come from friends, co-workers or some other source. Much of this information is not reliable and may be legally and factually incorrect. Acting on information that you receive from a source other than an attorney can result in irreversible consequences.

At The Law Offices of Martin A. Kron, our defense attorneys bring decades of experience resolving traffic tickets such as speeding, reckless driving, and DUI in New York and New Jersey. Our founding attorney, Martin A. Kron, is a former New York City traffic court judge.

We have heard and seen almost everything. The following are some of the more common myths and frequently asked questions we receive from clients:

  1. Can I be convicted of speeding when no speed limit is posted?
  2. Will merely explaining what I believe really happened necessarily be sufficient to have the charges dismissed?
  3. Should I rely on the information I receive from the police officer?
  4. Will I still be able to fight my ticket if I miss my court date?
  5. Are mistakes on my summons (ticket) grounds for dismissal?
  6. If the police officer fails to appear at my court hearing, will my case be dismissed?
  7. Will a summons received while driving my personal vehicle affect my CDL?
  8. Should I always pay a summons that doesn't carry points?
  9. Does it make sense to retain an attorney for a moving violation?
  10. Can a lawyer defend my case in court without me there?
  11. What effect do motor vehicle points have on my driving privileges and insurance premiums?
  12. Will points issued by the New York State Department of Motor Vehicles or the New Jersey Motor Vehicle Commission transfer to my out-of-state license?
  13. If my license has been suspended due to accumulating too many points, what can be done so that I can drive again?
  14. How long do points remain on my driving record/license?

Have Questions About Your Ticket? Contact Us For Specific Answers.

Fight to keep your driving privileges and your insurance premiums as low as possible, call us at 212-691-0175, or contact us online to schedule a free consultation with one of our lawyers. We accept all major credit cards in order to better accommodate our clients' needs.

Can I be convicted of speeding when no speed limit is posted?

Yes! For example, the speed limit in NYC is 30 miles per hour when there is no sign posted.

Will merely explaining what I believe really happened necessarily be sufficient to have the charge dismissed?

Simply disputing the facts put forth by the officer will generally be unsuccessful. Arguments that are based on legal principles typically result in better outcomes. Cross-examining a police officer in court is a skill that is acquired through years of experience. Conducting your own cross-examination of the police officer may hurt your case rather than help it.

Should I rely on the information I receive from the police officer?

The officer may provide incorrect information. For example, an officer may tell you that a summons does not carry points when that is not the case. The officer is not obligated to provide you with legal advice.

Will I still be able to fight my ticket if I miss my court date?

Many times it is possible to reopen a case even though the summons was unanswered or a default conviction has been entered.

Are mistakes on my summons grounds for dismissal?

Although some mistakes may play a part in obtaining a dismissal, the judge's focus is usually centered on the infraction that you are charged with.

If the police officer fails to appear at my court hearing, will my case be dismissed?

When the officer's absence is due a legitimate reason such as illness, death in his family or a conflicting court appearance, the court will generally reschedule the case.

Will a summons received while driving my personal vehicle affect my CDL?

Absolutely!

Should I always pay a summons that doesn't carry points?

No. For example, paying no point summonses such as a cellphone ticket may still cause insurance premiums to increase. In addition, too many no-point tickets may prevent you from renting a car.

Does it make sense to retain an attorney for a moving violation?

Yes. Most moving violations result in points, fines and increased insurance premiums. Some result in license suspensions and jail terms.

Prosecutors generally offer to reduce the severity of moving violations if they think that the motorist will be willing to give up his right to have a trial. In general, an experienced attorney will be able to negotiate a more favorable outcome than one who is not represented. When motorists attempt to negotiate with the prosecutor without the benefit of an attorney, it is likely that only a minimal reduction will be offered. This is because the prosecutor knows that the motorist probably will not go to trial by himself and if he did, he would likely be found guilty.

Can a lawyer defend my case in court without me there?

In most cases, the motorist does not have to appear if they have retained an attorney.

What effect do motor vehicle points have on my driving privileges and insurance premiums?

Motor vehicle points are placed on someone's driving record when they plead or are found guilty of a moving violation. If 12 or more points are accumulated, your privilege to drive is usually suspended. Insurance companies regularly check the driving records of those that it insures. As more points are accrued premiums tend to increase. In order to prevent unnecessary increases in your insurance premiums it is advised that you never pay or plead guilty to any moving violation that carries points.

Will points issued by the New York State Department of Motor Vehicles (DMV) or the New Jersey Motor Vehicle Commission (MVC) transfer to my out-of-state license?

The DMV and MVC report moving violation records to most jurisdictions throughout the United States.

If my license has been suspended due to accumulating too many points, what can be done so that I can drive again?

In most cases, we can negotiate with the DMV or MVC to either reduce the length of your suspension or reinstate your driving privileges. This process is complicated and may necessitate a hearing. Please contact us so that we can discuss your case specifically.

How long do points remain on my driving record/license?

In New Jersey, three points will be automatically removed from your driving record every year. However, in order for the three points to be removed, no new points may have been placed on your driving record during the course of the year.

In New York, you may be able to reduce your point total by a maximum of four points by taking a DMV-approved Point & Insurance Reduction Program (PIRP) course.