By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.
How to avoid points on a speeding ticket in NY? The only way to avoid points on a speeding ticket is to negotiate (plea bargain) with prosecutors to reduce the charge to a no-point offense. This requires excellent negotiation skills and substantial knowledge of the law.
If the clerk finds you responsible you have the right to appeal the decision to a judge. There is a $50 fee to appeal to a judge. At the judge's appeal, the police who gave the citation must be present. If the officer is not present the judge will issue a finding of not responsible without conducting a hearing.
Call the Court. If you have a simple traffic ticket, call the municipal court before the court date at bottom of ticket. Tell the person taking your call, usually a “Court Administrator,” that you are pleading NOT GUILTY and ask when the next court date will be.
In our opinion, it is always worth it to fight a speeding ticket. Points will not be added to your driving record unless you are convicted, so you should not hesitate to hire an NYC speeding ticket lawyer who can help you fight back.
The most important thing to know when it comes to fighting a NY speeding ticket is that you should plead not guilty. Entering a plea of not guilty begins the dispute process. If you pay your ticket before court or plead guilty, you will not be able to fight your ticket.
Because speeding is a risky behavior, car insurance companies generally increase premiums accordingly if you have one or more tickets on your driving record. According to Bankrate's research, the average cost of insurance in Massachusetts increases by 31% after a single speeding ticket.
Regardless of the type of ticket issued you can only appeal to London Tribunals - Enforcement and Traffic Adjudicators (ETA). The case will be decided at the full penalty amount. The Adjudicators at ETA are lawyers and are completely independent from Local Authorities.
Generally, the fines for speeding violations are $50 plus $10 for every mile per hour over the speed limit in excess of ten miles per hour over the limit. Additionally, a $50 head injury surcharge will be assessed. As such, the minimum fine is $100 but there is no established maximum fine.
Rudnick Law could argue that the motor vehicle department suspended your license in error. The prosecutor would then notify the judge and recommend your ticket be dismissed. In other cases, a ticket can be downgraded to a non-moving violation with no points or a lesser fine.
Points for NJ Speeding Tickets 1 to 14 MPH over speed limit = 2 points. 15 to 29 MPH over speed limit = 4 points. 30 MPH or more over speed limit = 5 points.
Thankfully, the New Jersey MVC will remove these points for a couple different reasons: Three points will be removed if you go one full year without receiving a violation or having your license suspended. Two points will be removed if you complete a NJ defensive driving course. This can be done once every five years.