New York Traffic Ticket Appeals

You may think you were wrongly accused and convicted of a traffic ticket violation unfairly. If this is the case, contact a traffic ticket attorney in New York immediately. They can direct you in completing all necessary forms and filing the paperwork. They can also review your documents to ensure everything gets completed properly.

While you can conveniently appeal a Traffic Violations Bureau (TVB) conviction by mail or online, consult a traffic lawyer for a speedier process and a better chance of a favorable outcome to your case.

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Rules and Guidelines for Appealing a Traffic Ticket Conviction

You have to file an appeal 30 days from the conviction date. You’ll need to pay a $10 non-refundable fee as well. Just because you submit an appeal online or by mail does not mean acceptance of the legal request.

The DMV Appeals Board still has to decide if the appeal meets certain legal requirements.

The words Traffic Violations Bureau must appear at the bottom of your traffic ticket. You can’t file an appeal with the DMV if you don’t see the words on the ticket.

If the words do appear, you’ll receive a three-digit code that you can use later to review the status of the online request. You can appeal one conviction at a time online.

Gathering the Required Information

To appeal online, you’ll need:

• The DMV ID number from your New York driver’s license, learner’s permit, or non-driver’s photo ID card
• Your name, birth date, and gender, as shown on the traffic ticket
• Your mailing address (If the address is different from your DMV address, the system will not instantly update the address you have on file with the DMV)
• An appeal argument explaining the reasons for appealing the ticket
• Your attorney’s name and mailing address or the traffic ticket lawyer representing you in your case
• If you’re requesting a stay of a driver’s license suspension or revocation resulting from the conviction, you’ll need to submit a Stay Argument in writing

Important Rules to Remember When Submitting an Appeal Online

Exhibits and Arguments That You Can’t File Online

If you cannot submit exhibits or arguments online, or they won’t fit into the provided space, you can mail them to the DMV.

Any evidence, documents, or exhibits not considered by a hearing officer can’t be filed with the appeal. A traffic ticket attorney can organize and properly submit the correct exhibits and arguments.

You Cannot Cancel an Online Appeal

After you confirm your information or submit the details for the appeal, you can’t go back and cancel the appeal.

You Cannot Edit an Online Appeal

When submitting an appeal online, you can’t edit the appeal argument or additional appeal arguments after filing them online.

You Might Include Additional Appeal Arguments

If you request a transcript for review for your online appeal, you may submit an extra appeal argument within 30 days of receiving the ordered transcript.

To enter an additional argument, you’ll need to insert the traffic ticket number and your DMV ID number from your driver’s license, learner’s permit, or non-driver photo ID. You may also submit your name, date of birth, or three-digit code to submit the additional argument.

Submitting an Appeal for a Traffic Ticket by Mail

If you choose to appeal by mail, you must mail a Traffic Violations Bureau Appeal form and the $10 appeal fee to the board for appeals in Albany.

Breaking the Speed Limit – How It Affects Your Driving Record

Below are the points New York issues for violating speed limits:

• Up to 10 miles over the posted speed limit – three points
• 11 to 20 miles over the speed limit – four points
• 21 to 30 miles over the speed limit – six points
• 31 to 40 miles over the speed limit – eight points

If you drive 40 miles over the speed limit, you’ll be assessed 11 points.

Points for Other Moving Violations

Improper passing adds three points to your license. You’ll also receive three points for disobeying a stop, yield, or traffic control sign.

Driving over a railroad crossing when you were supposed to stop adds five points to your license. You’ll also accumulate five points if you’re caught texting while driving.

Improperly turning or not using a turn signal when turning adds two points to your driver’s license.

How Long a Violation and Points Stay on Your Record and License

A traffic violation stays on a New York driving record three years after a conviction. The points you accumulate count for 18 months from the date of the offense. You can face a suspension if you collect 11 points within 18 months.

Parking Tickets and Points

If you get a parking ticket, it will not result in points. This non-moving violation does not end up on your driving record since the law does not consider it a safety violation.

Situations When an Appeal is Advisable

Not every traffic violation is straightforward. You can argue your case if you want to reduce the fine or dispute the ticket. Again, consulting with a traffic attorney can get the advice you need to see if it’s worth moving forward.

You might go ahead with an appeal in the following instances:

It’s Your First Ticket

If you receive a first traffic ticket, you may worry about keeping your driving record clean. After all, a driver with a ticket-free record pays lower auto insurance rates. Drivers without tickets may also qualify for discounts for safe driving.

You Don’t Want to Add More Points

If your point total is dangerously close to a suspension, you might appeal a ticket if you believe the ticket was unfair. In this case, you have nothing to lose and everything to gain. A traffic ticket attorney can direct you on the best course of action to take.

The Law Enforcement Officer Pulled Over Your Car By Mistake

A traffic enforcement officer may have pulled you over when a driver in a similar-looking vehicle actually violated the law. A dashcam or another video of an obstruction at the scene may demonstrate the error.

You Broke a Traffic Law to Prevent an Auto Accident

Maybe you’re given a ticket for not using your signal when changing lanes. In this case, the omission may have occurred to avoid an accident. This may hold true as well if you go over the speed limit to avoid a dangerous or out-of-control car.

You also might fight a ticket if you had to pull over quickly, without a signal, due to a mechanical issue. A mechanical issue might also cause you to drive on the shoulder of the road or slow down to a crawl.

You Receive a Ticket for Speeding Even When You’re Driving Safely

You may fight a ticket if you were slightly over the speed limit, provided the conditions were safe and you were trying to keep pace with the traffic flow.

A Radar Gun Was Responsible for Your Ticket

Sometimes, an incorrectly calibrated radar gun can result in a faulty reading.

You Notice Mistakes on Your Parking Ticket

A ticket might show the wrong road or highway or refer to the wrong moving violation.

When It’s Better to Pay the Ticket and Avoid an Appeal

It’s better to just pay the ticket if:

• The ticket concerns a non-moving violation and won’t add points to your license
• A traffic camera at a red light captured you speeding
• Your defense is – you didn’t know the law

Also, if you drive safely and do not expect to receive a ticket in the future, it may be better to move forward by paying the fine.

Reducing Points and the Costs of Insurance through PRIP in New York

There might be other ways to reduce your points without appealing a conviction. For example, you can drop up to four points off your license if you sign up for a point and reduction (PRIP) program in New York.

As the name suggests, this program can also lower what you pay in insurance. Again, a traffic ticket attorney is an important ally if you believe you should fight a ticket conviction.

You and your lawyer might think about fighting a speeding ticket, for instance, if you receive a ticket that increases your insurance. This is especially true if you feel you weren’t exceeding the speed limit and/or haven’t received prior convictions.

Why It’s Best to Work With a Traffic Ticket Lawyer

While you can file documents and forms online for a traffic ticket appeal, a lawyer will add valuable assistance. Ensure the attorney you recruit practices this type of law in New York. Read their reviews and find out more about their educational and professional background.

Below are some major advantages you’ll experience when working with a lawyer.

A Full Assessment of Your Case

Your attorney will review all the ticket details, the incident’s circumstances, and consider the evidence. They can use this information to advise you on the likelihood that you’ll win and whether it’s worth your effort.

Better Communications

Traffic laws and procedures can be confusing. Because a traffic ticket attorney is well-versed in specific regulations and rules, they can direct you through the appeals process, ensuring you follow the required steps and meet the deadlines.

A Reduction or Dismissal of the Charges

A traffic attorney may reduce your charges and present a strong defense on your behalf. For example, they might cross-examine the officer who issued the citation and challenge the evidence. This may lead to a reduction or, better yet, a dismissal of the charges.

Added Protection

Because a ticket conviction can add points to your driving record or increase your insurance rates, the services of an attorney can help minimize these possible consequences, thereby protecting your driving record.

Better Organization and Management

Because you have a variety of documents and motions to file, an attorney can relieve the burden. They can handle administrative tasks accurately, ensuring every aspect of the appeals process goes as planned.

While you may pay more to hire a traffic ticket attorney, their knowledge can significantly improve the results of the appeals process.

How Much Money Can You Save By Winning an Appeal?

What you save by winning an appeal can vary, depending on the location and specific moving violation. Fees for moving violations in New York may range from around $140 to $700 for reckless driving. Even exceeding the speed limit by two miles per hour can lead to a fine of over $100.

It’s important to note, as well, that you’ll enjoy potential savings by avoiding added points to your driving record, which increases insurance rates and may even lead to a license suspension. You may need to pay additional fees or surcharges.

An experienced traffic ticket lawyer can calculate the savings and give you a more precise estimate based on the details and the local laws.

If a successful appeal can save you almost 20 percent of what you pay for insurance, hire an attorney to appeal.

Contact a New York Traffic Ticket Attorney Now

The best way to understand your rights in a traffic ticket appeal is to discuss your situation with a traffic lawyer. They have an intricate knowledge of traffic laws and the appeals process and can also seek a more positive outcome. Consult a criminal defense lawyer right away.