In New York State, a traffic offense can be an infraction, a violation, a misdemeanor, and in some cases, a felony. Most traffic tickets that the police give out are infractions, or unclassified misdemeanors.
SOME TRAFFIC TICKETS CARRY AN AUTOMATIC 1 YEAR LICENSE REVOCATION.
While most moving traffic infractions carry points and a fine, some carry automatic license revocations. For instance, if you plead guilty to, or are convicted of driving without insurance (section 319.1 of the NYS vehicle and Traffic law) your license will automatically be revoked for 1 year by law. Also you will also receive a $750 civil penalty in addition to a fine and surcharge.
Also if you are convicted of 3 or more speeding tickets or 3 or more misdemeanor traffic convictions (or any combination of 3 thereof ), with dates of violations within 18 months of each other, you will receive a 6 month revocation of your license.
YOU CAN END UP WITH A CRIMINAL RECORD FROM A TRAFFIC TICKET IN NEW YORK.
If you plead to or are convicted of driving with a suspended license (section 511.1a of the NYS Vehicle and Traffic Law) you will end up with a criminal record, unless you fall under the youthful offender provisions.
The following charges are misdemeanors. There are many more charges that are misdemeanors as well that I have not listed. A conviction to any of these charges will give you a criminal record unless you fall within the youthful offender provisions.
VTL 511.1(a) Aggravated Unlicensed Operation in the 3rd degree VTL 511.2 (a) Aggravated Unlicensed Operation in the 2nd Degree VTL 600-2a Leaving the scene of an accident with personal Injury VTL1212 Reckless Driving VTL 319-2 Produced Invalid Insurance ID card VTL 306-e Fictitious Inspection Certificate VTL 375-I Inadequate Brakes VTL 375-1 Inadequate Trailer Brakes VTL 340-(a) Failure to surrender license/registration/plates after revocation under article 7 VTL 1182 Unauthorized speed contest
SOME TRAFFIC MISDEMEANOR CONVICTIONS CARRY MANDATORY JAIL OR PROBATION.
Some traffic offenses carry even harsher sentences. Some misdemeanor traffic convictions carry a sentence of mandatory jail or probation. For example, if you are convicted of a 511.2a (Aggravated Unlicensed operation in the Second Degree) the judge must by law sentence you to Jail or 3 years probation, and a minimum $500 fine, plus a surcharge. VTL 511.3A (Aggravated unlicensed operation of a motor vehicle in the first degree) is a felony. A conviction of VTL 511.3A will lead to a felony record unless the court grants youthful offender.
HOW CAN AN ATTORNEY HELP?
At the Law office of Gary S. Miller, we will always attempt to obtain the very best resolution of your case. Whether it involves getting a misdemeanor charge reduced to a non criminal offence, or saving you points on your license, you can count on us to fight for the best result possible.
NO ONE SHOULD EVER PLEAD GUILTY TO A TICKET