by Lindsay BernsteinFailing to Respond To A Traffic Ticket in NJ
Getting a traffic ticket is a common experience for many drivers. However, what happens if you don’t respond to a traffic ticket in New Jersey? It’s important to understand the consequences and your options. Start by consulting a New Jersey traffic ticket defense lawyer.
Understanding the Statute
In New Jersey, the law mandates a response to a traffic ticket within a specified period. Various statutes and court rules govern this requirement. While no specific statute directly states the obligation to respond to a traffic ticket within a set timeframe, the overall process is set out in Title 39 of the New Jersey Revised Statutes and New Jersey Court Rule 7:12.
Title 39: Motor Vehicles and Traffic Regulation
Title 39 of the New Jersey Revised Statutes covers many motor vehicle and traffic regulations. This title encompasses a range of rules, from vehicle registration to driving under the influence, and is a key source of law for traffic-related offenses in New Jersey.
New Jersey Court Rule 7:12
Rule 7:12, particularly section 7:12-4, outlines the functioning of the Violations Bureau in New Jersey. This bureau is responsible for handling non-indictable offenses, which typically include traffic violations. The rule specifies how the violations clerk can accept appearances, waiver of trial, pleas of guilty, and payments of fines and costs. Importantly, it also addresses the procedures for responding to summonses for traffic offenses.
What This Means for Responding to Traffic Tickets
When you receive a traffic ticket in New Jersey, it’s crucial to respond within the time frame indicated on the ticket, usually within 30 days. According to Rule 7:12-4(d), a person charged with an offense within the authority of the violations clerk may pay the established fines, costs, and penalties either by mail or in person to the violations clerk on or before the return date of the summons. This action is considered a plea of guilty and waives the right to a trial. However, if the summons is marked to indicate that a court appearance is required, payment cannot be made to the violations clerk, even if the offense is on the Statewide Violations Bureau Schedule.
The Consequences of Failing to Respond to a Traffic Ticket in New Jersey
Ignoring a traffic ticket in New Jersey can lead to a series of escalating consequences. It’s not simply a matter of paying a fine later; the legal implications can be much more severe.
Bench Warrant for Arrest
If you fail to respond to a New Jersey traffic ticket, you will initially receive a “Failure to Appear” notice. This notice will give you a new deadline to comply with the instructions. If you disregard this notice, the court may issue a bench warrant for your arrest. This means law enforcement can arrest you anytime, whether at home, at work, or out in public. The warrant will remain active until the court withdraws or discharges it.
Suspension of Driving Privileges
Another consequence of not responding to a traffic ticket is the suspension of your driver’s license. The New Jersey courts will notify the Department of Motor Vehicles to suspend your driving privileges. This suspension is immediate and can affect your ability to renew a driver’s license, even one issued by another state.
Additional Charges and Penalties
Failing to appear in court can escalate the legal issue significantly. It can result in a suspension of driving privileges, issuing an arrest warrant, revocation of bail, and potentially losing the right to have your case heard. For traffic violations, if it’s the first missed court date, a failure to appear notice is sent out, and failure to comply with this notice can lead to an arrest warrant and license suspension.
Financial Repercussions
If you don’t pay the fines and penalties imposed by a New Jersey traffic court, the first step is usually a notice ordering you to appear in court and explain why you haven’t paid. Ignoring this hearing can result in an arrest warrant or suspension of your driver’s license. Additionally, the court can convert unpaid penalties into jail time, including fines and other financial obligations like court costs, Safe Neighborhood Assessments, and Violent Crime Compensation Board payments. The court has the discretion to impose jail time if it deems fit, highlighting the seriousness of not addressing traffic fines and penalties.
The Importance of Taking Immediate Action
If you cannot attend your court date for valid reasons, inform the court immediately and try to reschedule. Ignoring the situation or failing to appear in court can lead to severe consequences.
It’s also advisable to contact a New Jersey traffic ticket attorney, especially if you’re facing challenges in managing the situation. An experienced attorney can assist in fighting the charges and avoiding conviction, and they become even more necessary if a court date is missed.
How a Defense Lawyer Can Help
Consulting with a lawyer is a good first step if you’ve missed the deadline or are overwhelmed. Here’s how a lawyer can assist:
- Navigating Legal Procedures: Lawyers understand the legal system and can guide you through the process of responding to your ticket, even if the deadline has passed.
- Negotiating Penalties: Experienced lawyers can negotiate the penalties or fines, making them more manageable.
- Representing in Court: If your case goes to court, a lawyer can represent you, advocating for the best possible outcome.
What You Should Do
If you have a traffic ticket in New Jersey, here are some steps you should take:
- Respond Promptly: Whether you decide to pay the fine or contest the ticket, make sure to respond within the given deadline.
- Consider Legal Advice: Getting legal advice can be beneficial if you’re unsure about how to proceed or if you’ve missed your deadline.
- Prepare for Court: If you choose to contest the ticket, prepare for your court appearance or have a lawyer represent you.
Contact a NJ Traffic Defense Lawyer
Dealing with a traffic ticket can be stressful, but you don’t have to handle it alone. If you’re facing issues related to a traffic ticket in New Jersey, seeking legal help can make a significant difference. Don’t hesitate to reach out for assistance.
by Lindsay BernsteinDo I Need To Hire a Traffic Ticket Attorney?
Traffic tickets are not something to take lightly. They can have serious implications for your driving record, your insurance rates, and your wallet. It is best to consult a traffic ticket attorney if you receive a citation for a driving violation.
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What Are the Consequences of Traffic Tickets?
Traffic tickets can have many consequences that extend far beyond the initial fine. Understanding these effects can help you make an informed decision about handling a traffic ticket.
Points on Your Driving Record
Accepting a traffic ticket and paying the fine is often an admission of guilt. This admission typically results in points on your driving record. Each state has its own point system, but the underlying principle is the same: accumulate too many points, and you risk license suspension. These points are a mark against your driving record and can remain there for several years, affecting your driving privileges and presenting an ongoing reminder of your infraction.
Increased Insurance Premiums
One of the most immediate and noticeable consequences of traffic tickets is the rise in car insurance premiums. Insurance companies use your driving record as a key factor in determining your insurance rates. Points on your record signal to insurers that you may be a higher-risk driver. As a result, you can expect an increase in your insurance costs, which can be substantial and long-lasting. In some cases, this cost increase over time can far exceed the original amount of the traffic fine, leading to a significant financial burden.
Potential for License Suspension
Accumulating points on your driving record isn’t just about higher insurance rates; it can also lead to the suspension of your driving privileges. This is particularly true for more serious violations or accumulating multiple infractions over a short period.
Losing your license can profoundly affect your daily life, affecting your ability to commute to work, perform errands, and maintain your social and family commitments. The process of reinstating a suspended license can be both time-consuming and costly.
Risk of Increased Fines and Penalties
While the initial fine associated with a traffic ticket might seem manageable, there can be additional financial penalties down the line. In some jurisdictions, accumulating points can lead to surcharges, additional fines, or even court costs if the matter escalates. For more serious offenses, such as DUI or reckless driving, the financial penalties can be even more severe, including expensive fines and legal fees.
Legal Ramifications and Criminal Charges
Traffic violations can escalate beyond civil infractions and into criminal charges in certain circumstances. This is particularly true for serious offenses such as DUI, hit-and-run incidents, or reckless driving. Facing criminal charges can lead to many legal issues, including the potential for jail time, probation, mandatory driving courses, or community service. The implications of having a criminal record can be far-reaching, affecting employment opportunities, travel options, and overall reputation.
How a Traffic Ticket Attorney Can Help
How can a traffic attorney help?
First, you may not know all the rules and regulations that apply to your case or how to use them to your advantage. A traffic ticket attorney can build a strong defense strategy based on the specific laws and facts of your case.
Second, traffic tickets are not always fair or accurate. Sometimes, the officer who issued the ticket may have made a mistake or violated your rights somehow. For example, they may have used a faulty radar device or stopped you without probable cause. A traffic ticket attorney can spot these errors and challenge them in court, which can result in getting your ticket dismissed.
Third, traffic tickets are not always inevitable or irreversible. Some factors can work in your favor, such as your good driving record, the nature of the offense, or the circumstances that led to the incident. For example, you may have been speeding because of a medical emergency or because your speedometer was broken. A traffic ticket attorney can present these mitigating factors to the judge or the prosecutor and persuade them to reduce your penalty or drop the charges altogether.
Fourth, traffic tickets can have long-term impacts on your life. A traffic ticket can add points to your license, leading to higher insurance premiums or even license suspension. It can also result in a criminal record, affecting your employment, education, and reputation. A traffic ticket attorney can minimize these effects by negotiating for a lower fine, fewer points, or a dismissal. They can also expunge or seal your record, if possible, to prevent it from haunting you in the future.
Of course, not every traffic ticket requires an attorney, but some situations may warrant their counsel. For example, you may want to hire a traffic ticket attorney if:
- You have a commercial driver’s license (CDL): CDL holders face stricter rules and harsher penalties for traffic violations, which can jeopardize their livelihood. A traffic ticket attorney can protect your CDL and your career whenever possible.
- You have a prior record of traffic violations: If you have accumulated too many points on your license or have previous convictions for serious offenses, such as DUI or reckless driving, you may face enhanced penalties or license revocation. A traffic ticket attorney can often eliminate or minimize these consequences.
- You are facing a serious charge: Some traffic violations are considered criminal offenses, such as hit-and-run, vehicular manslaughter, or driving with a suspended license. These charges can carry large fines, jail time, or probation. A traffic ticket attorney can fight these charges and protect your rights.
As you can see, a traffic ticket attorney can be a valuable asset in dealing with a traffic ticket. They can explain the law, challenge the evidence, find the best solution, and reduce the impact on your life. If you ever receive a traffic ticket, don’t hesitate to contact a traffic ticket attorney for a consultation. They may save you a lot of time, money, and trouble.
Taking the Next Step: Seeking Legal Assistance
If you’re facing a traffic ticket, it’s important to consider all your options. An experienced traffic ticket attorney can offer a consultation to discuss the specifics of your case and provide guidance on the best course of action. Remember, the goal is to protect your driving record and financial well-being, and seeking professional help is a step in the right direction.
While hiring a traffic ticket attorney depends on individual circumstances, the benefits of professional legal assistance are clear. An attorney can help mitigate a traffic ticket’s financial and legal consequences, providing peace of mind and potentially saving you money and stress in the long run. If you’re unsure how to proceed with a traffic ticket, contacting a qualified attorney is a sensible first step.
by Lindsay BernsteinThe Real Cost of a NY Traffic Ticket
When you see those flashing lights in your rearview mirror and receive a traffic ticket in New York, it’s easy to think it’s just a minor hiccup, a simple fine to pay. However, the true cost of a traffic ticket in New York can go beyond just a monetary penalty. Let’s go over these consequences one by one and see how having a NY traffic ticket lawyer can make a difference.
Financial Impacts Beyond the Fine
Getting a traffic ticket is never a pleasant experience, but it can seriously affect your wallet. Of course, the most immediate effect of a traffic ticket is the fine, which can vary depending on the type and severity of the violation.
According to the New York State Unified Court System, the mandatory surcharge and crime victim assistance fee for traffic violations in New York are as follows:
- Felony: $300 surcharge + $25 fee = $325
- Misdemeanor: $175 surcharge + $25 fee = $200
- Violation: $95 surcharge + $25 fee = $120
These fees are charged to every convicted defendant, regardless of the court. However, some courts may impose additional fees and civil penalties depending on the nature and severity of the violation. For example, drivers who are convicted of driving while intoxicated (DWI) or driving while ability impaired (DWAI) must pay a driver responsibility assessment fee of $250 per year for three years.
But it doesn’t stop there.
Your car insurance rates may increase as a result of the violation. Insurance companies often view traffic violations as indicators of risky driving behavior, leading to higher premiums for drivers with bad records. This can affect your insurance costs for years to come.
However, you don’t have to accept the ticket and its consequences without a fight.
A lawyer can work to reduce the charges or even get them dismissed, potentially saving you from expensive fines and surcharges. A lawyer can also help avoid points on your license, which can lead to license suspension or revocation if you accumulate too many. By hiring a lawyer, you can protect your rights and your finances from the negative effects of a traffic ticket.
Points on Your Driving Record
In New York, when it comes to understanding the implications of traffic tickets, one aspect that often goes unnoticed is the points system on your driving record. Every time you’re found guilty of a traffic violation, a certain number of points gets added to your record. These aren’t just numbers; they carry significant weight. The New York State Department of Motor Vehicles uses this points system to identify and take action against high-risk drivers.
Different violations carry different points. For a clearer picture, consider a speeding ticket. If you’re convicted of speeding up to ten mph over the limit, that can add three points to your record. The points increase with the severity of the offense. These points start accumulating and, if not addressed, can swiftly add up to a level where they pose a real problem. In New York, if you rack up 11 points within 18 months, this can lead to the suspension of your driving privileges. Imagine the inconvenience and disruption to your daily life if you suddenly find yourself unable to drive.
An experienced lawyer can challenge the points assigned to your violations in several ways. Sometimes, they might argue the specifics of your case, questioning the accuracy of the evidence or the validity of the traffic stop. Other times, they might negotiate to reduce the charges, which can lead to fewer points on your record. In certain situations, they might even get the charges dismissed entirely.
The goal of your lawyer in these circumstances is not just to save you from the immediate inconvenience or fines but to keep your long-term driving record in good standing. This is important because a clean driving record is essential for many aspects of life, from employment opportunities to insurance rates.
For those interested in understanding more about the New York State DMV’s points system, including the specific points for different violations, the New York State DMV website offers a comprehensive and detailed explanation. You can find this information on their official site, and it’s a valuable resource for any driver in New York.
Risk of Getting Your License Suspended
Certain violations, or a series of violations, can lead directly to license suspension or revocation. Losing your driving privileges can disrupt your daily life, affecting your ability to commute, perform job duties, or attend to important personal obligations.
A lawyer can present a strong defense or negotiate alternative penalties that may prevent license suspension.
Employment Consequences
Traffic violations can be particularly troublesome for those whose jobs require a clean driving record. Professional drivers, delivery personnel, or anyone using a company vehicle can face employment consequences. Legal assistance gives you a better chance of keeping your driving record clean, thus protecting your employment status.
Long-Term Effects
In New York, traffic violations can have long-term effects on your driving record and background checks. According to the New York State Department of Motor Vehicles, most traffic violation convictions are displayed on your driving record for three additional years beyond the remainder of the year when the conviction or accident occurred. However, some serious violations, such as DWI or DWAI, can remain on your record for 10 to 15 years or even permanently.
A bad driving record can make you appear less trustworthy, responsible, or reliable to potential employers, landlords, or lenders. It can also affect your eligibility for certain licenses, permits, or certifications. For example, some jobs may require a clean driving record as a condition of employment, or some housing applications may ask for your driving history as part of the screening process. If you have traffic violations on your record, you may face difficulties or disadvantages.
Lawyers can potentially minimize the long-term effects of a traffic ticket on your record.
Need Assistance?
If you’re facing a traffic ticket in New York, remember you don’t have to face it alone. A lawyer can work with you towards the best possible outcome. Reach out to a lawyer for guidance and support in managing the consequences of your traffic ticket and work together to minimize its impact on your life.
by Lindsay BernsteinWhat to Do If You Lose Your Traffic Ticket in New Jersey
Losing a traffic ticket can be a stressful experience, especially when you’re unsure what steps to take next. If you find yourself in this situation in New Jersey, don’t worry – there’s a clear path to resolving this issue. This article will walk you through the New Jersey-specific protocol, explain how a New Jersey traffic ticket lawyer can help, and provide the necessary contacts to address your lost traffic ticket.
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Step 1: Don’t Panic, Gather Information
First and foremost, stay calm. It’s important to gather any information you can remember about your ticket. Try to recall the date and location of the offense, the police department involved, and any other details that might be pertinent. This information will be crucial in the steps ahead.
Step 2: Contact the Municipal Court
In New Jersey, traffic tickets are handled by the Municipal Court in the area where the violation occurred. You’ll need to contact the court directly. If you’re unsure which court to contact, you can use the New Jersey Courts website to find the appropriate municipal court based on the location of your violation. When you contact the court, explain that you’ve lost your ticket and provide them with the information you’ve gathered. They can locate your case and give you details about your ticket and any scheduled court dates.
Step 3: Understand Your Ticket and Deadlines
Once you’ve retrieved the details of your ticket, it’s important to understand what you’re being charged with and the deadlines for responding. Traffic tickets in New Jersey typically require you to either pay a fine or appear in court by a specific date. Missing these deadlines can result in additional penalties, so it’s wise to stay on top of them.
Step 4: Consider Legal Assistance
While many people choose to handle traffic tickets on their own, consulting with a lawyer can be beneficial, especially if you’re facing significant charges or have unique circumstances. A lawyer can explain the legal implications of your ticket, advise you on the best course of action, and represent you in court if necessary. They can also assist in negotiating with the court to potentially reduce your charges or penalties.
Step 5: Prepare for Your Court Date or Payment
If you decide to pay the fine, you can usually do this online, by mail, or in person at the court. If you choose to contest the ticket and appear in court, make sure to prepare any relevant documents or evidence you might need. Whether you’re paying or appearing in court, make sure to meet all deadlines to avoid further complications.
Utilize Online Resources for Case Search
The New Jersey Courts offer an online Municipal Court Case Search (MCCS), which is a fast, secure, and convenient way to look up Municipal Traffic or Complaint information online. For this, you will need either your ticket number, complaint number, driver’s license number, or name. The MCCS can be accessed at this link: Municipal Court Case Search.
Accessing Self-Help Resources
New Jersey Courts also provide a self-help section for Municipal Court matters. This section offers various tools and information to assist in managing or resolving municipal court cases. You can find municipal court contact information, frequently asked questions, and other valuable resources. For more information, visit the Municipal Court Self-Help page.
Using the NJMCDirect Ticket System
If you don’t have your ticket number, the NJMCDirect Ticket System can help. You’ll need the court ID number, the ticket number, and your license number. This system allows you to find a traffic or parking ticket, pay fines, plead not guilty, or request a different court date. The NJMCDirect Ticket System is available here: NJMCDirect Ticket System.
Remember the Importance of Timely Action
It’s best to address a lost traffic ticket in New Jersey as soon as possible. Ignoring the issue can lead to additional fines, a warrant for your arrest, or a suspension of your driving privileges. Taking immediate action can prevent these more serious consequences.
How to Prevent Losing Traffic Tickets in the Future
Here are some practical tips on ensuring that your traffic tickets don’t get lost in the shuffle of daily life.
One effective method is to embrace the digital age. Setting digital reminders can be a lifesaver in today’s world, where our phones are almost always within arm’s reach. As soon as you receive a traffic ticket, take a moment to enter the details into your phone’s calendar or a reminder app. Include the due date for your response, whether it’s paying a fine or appearing in court, and set the reminder a few days before the deadline. This digital nudge can help keep you on track.
Organizing paperwork is another step. While digital reminders are helpful, having a physical copy of your ticket in a safe, memorable place is just as important. Designate a specific folder or space in your home for such important documents. It might be a drawer, a file cabinet, or a binder. The key is consistency – always put important documents like traffic tickets in the same place. This way, you know exactly where to look when you need them.
In addition to these methods, the sooner you deal with a traffic ticket, the less likely you are to lose or forget about it. If you decide to pay the fine, doing so immediately can prevent the ticket from getting buried under other paperwork or lost in daily clutter. If you’re contesting the ticket, initiating the process promptly gives you ample time to prepare your case or seek legal advice if necessary.
Need Further Assistance? Consider a Traffic Defense Lawyer
If you feel overwhelmed or uncertain about handling your lost traffic ticket in New Jersey, remember that legal assistance is available. A lawyer can guide you through the process, ensure you meet all legal requirements, and achieve the best possible outcome for your situation.
Remember, losing your traffic ticket isn’t the end of the world. With the right steps and possibly the assistance of a legal professional, you can resolve this issue efficiently and effectively.
by Lindsay BernsteinBuzzed Drinking and Driving
If you or someone you know is dealing with a buzzed drinking and driving charge, you need to understand what this means and how it can impact your life. Driving with any level of impairment can lead to serious legal consequences. While the term “buzzed” might sound less serious than “drunk,” in the eyes of the law, it can be just as significant.
If you’re facing legal issues related to DUI/DWI, it’s crucial to consult with a knowledgeable DUI/DWI lawyer who can provide guidance tailored to your situation.
The Charge: What Does Buzzed Driving Mean Legally?
Legally, buzzed driving often falls under the same category as drunk driving. This means if your blood alcohol content (BAC) is at or above the legal limit, which is typically 0.08 percent, you can be charged with driving under the influence (DUI) or driving while impaired (DWI). But remember, even a BAC below this limit can sometimes lead to charges if your ability to drive is affected.
Possible Penalties for Offenders
When someone is charged with buzzed driving, the potential penalties can vary widely, depending on several factors, such as the severity of the offense, the jurisdiction, and whether it’s a first-time or repeat offense.
Generally, you may face consequences such as fines, which can range from a few hundred to several thousand dollars. The exact amount depends on the specific laws of your state or locality.
Another common penalty is license suspension or revocation. This means losing the legal right to drive for a certain period, anywhere from several months to a few years. In some cases, a permanent revocation of driving privileges is possible, especially for repeat offenses.
Jail time is also a potential consequence, particularly for more serious cases or repeat offenses. The duration of incarceration can vary from a few days to several years in the most severe instances.
Some jurisdictions mandate participation in educational programs or rehabilitation, especially for first-time offenders. These programs aim to educate about the risks of impaired driving and often include substance abuse evaluation and treatment.
Additionally, community service is a common penalty, requiring people to give a certain number of hours of service to the community.
Probation is another possibility, where you can remain in the community under supervision and certain conditions, like regular check-ins with a probation officer and refraining from alcohol use.
Lastly, there may be an impact on your auto insurance. Often, individuals charged with buzzed driving see an increase in their insurance premiums, sometimes significantly so, as they are considered high-risk drivers.
These penalties can have a long-lasting impact on your life, so seeking legal guidance is advised in such situations.
The Process: From Arrest to Courtroom
You were driving on the highway when an officer pulled you over. Maybe you were swerving, speeding, or running a red light. Maybe you were stopped at a checkpoint. Whatever the reason, the officer suspected that you were impaired by alcohol or drugs. The officer asked you to leave the car and perform some tests. You had to walk in a straight line, stand on one leg, and follow a pen with your eyes. You also had to blow into a device that measured the alcohol level in your breath. The tests showed that you were impaired. The officer handcuffed you and took you to the police station. You were arrested for impaired driving.
Now, you have to face the consequences. Impaired driving is a serious offense. It can result in fines, points on your license, jail time, and more.
The first step is to go to court. There, you will meet the judge, the prosecutor, and your lawyer. The judge will read the charges against you and ask how you plead. You can plead guilty or not guilty. If you plead guilty, you will accept the penalties and end the case. If you plead not guilty, you will challenge the charges and go to trial. The choice is yours, but you should consult your lawyer before you decide.
Going to court can be stressful, but it’s an important part of the legal process. It’s your chance to defend yourself and protect your rights. You should know the facts, the laws, and the options.
You should also know that you are not alone. Some resources and programs can help you deal with the effects of impaired driving. You can learn more about DUI from your lawyer, the court, or NHTSA. Impaired driving is a mistake, but it doesn’t have to ruin your life. You can get through this.
Possible Defenses: Every Case is Unique
When facing a buzzed driving charge, each case carries its own set of circumstances, and accordingly, unique defense strategies can be available. Here are some common defenses.
Challenging Sobriety Test Validity
A common defense revolves around the sobriety tests conducted by the officer. These tests, including field sobriety exercises and breathalyzer tests, must adhere to strict protocols.
A lawyer will often investigate whether these tests were administered properly. For instance, was the officer trained adequately in conducting these tests? Were the field sobriety exercises performed under fair and appropriate conditions? These details matter and can significantly impact your case.
Accuracy and Calibration of Breathalyzer Equipment
The reliability of the breathalyzer equipment is another important aspect of your case. These devices require regular calibration and maintenance to ensure accurate readings. A lawyer can scrutinize the history and condition of the equipment used in your case. If there are any lapses in the device’s maintenance or calibration, this can be a strong point in your defense, potentially questioning the legitimacy of the BAC reading.
Examining the Traffic Stop Justification
The initial traffic stop is another area a lawyer will closely examine. Law enforcement officers must have a legitimate reason, known as probable cause, to make a traffic stop. If this justification is lacking or questionable, it can render the subsequent evidence inadmissible in court. A lawyer will thoroughly review the circumstances leading to your stop to determine if it was legally justified.
Ready to Talk? Contact a DUI Lawyer Today
If you’re facing a buzzed drinking and driving charge, remember you’re not alone. The right legal support can make a significant difference in your case. Reach out to a traffic ticket lawyer as soon as possible to discuss your situation.
by Lindsay BernsteinFailing to Yield to a Pedestrian in New York
You were driving in New York City, and you didn’t stop for a pedestrian who had the right of way. Now you have a ticket, and you’re wondering what to do next. Don’t panic. Below, skilled traffic ticket defense lawyers explain the law, the penalties, and how the right legal defense can fight your citation.
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Understanding New York’s Yield to Pedestrian Law
Under New York Vehicle and Traffic Law, Section 1151, drivers have specific obligations to yield to pedestrians:
- In Marked and Unmarked Crosswalks: Drivers must yield to pedestrians in both marked crosswalks and at intersections, which are considered unmarked crosswalks.
- When Pedestrians Have the Signal: At intersections with traffic signals, drivers must yield to pedestrians who have the walking signal.
- During Turns: Drivers making turns must yield to pedestrians crossing in the direction of their turn.
- For Blind Pedestrians: Drivers must exercise extreme caution and yield to blind pedestrians, often identified by the use of a guide dog or a white cane.
- In School Zones and Near Buses: Extra vigilance and yielding are required in school zones and near stopped school buses.
- When Exiting Driveways: Drivers must yield to pedestrians on sidewalks when exiting alleys, buildings, private roads, or driveways.
Consequences of Failing to Yield
If you do not yield to a pedestrian who has the right of way in New York, you can face the following legal penalties:
- Fines: You can be fined up to $150 for a first offense, up to $300 for a second offense within 18 months, and up to $450 for a third offense within 18 months.
- Points on Your License: You can get three points added to your driving record for each violation of failing to yield to a pedestrian. If you accumulate 6 or more points within 18 months, you will also have to pay a Driver Responsibility Assessment fee of $300 plus $75 for each additional point.
- Criminal Charges: If you cause serious injury or death to a pedestrian by failing to yield, you can be charged with a misdemeanor and face up to 15 days in jail, a motor vehicle accident safety course, and a fine of up to $7503. You can also be sued by the pedestrian or their family for damages.
Building Your Defense
You have been given a ticket for failing to yield to a pedestrian in New York. This is a serious offense that can have consequences for your driving record and your wallet. To fight your citation, you need to know the details of what happened and how they affect your case. Here are some questions you should ask yourself:
- Where did the incident happen? The location of the incident can determine who had the right of way and whether you violated the law. For example, if the pedestrian was in a marked crosswalk or at an intersection, you were required to yield to them. If there were traffic signals, you had to follow them and yield to pedestrians who had a green light or a walk signal. If there were no signals or crosswalks, you still had to yield to pedestrians who were on the same side of the road as you or who were close enough to pose a danger.
- What did the pedestrian do? The actions of the pedestrian can also affect your case. If the pedestrian crossed the street in a sudden or unexpected way, such as darting out from between parked cars or crossing against a red light or a don’t walk signal, you may have a defense that you could not avoid hitting them. However, you still have to prove that you were driving carefully and that you tried to stop or swerve to avoid the collision.
- What were the conditions like? The environmental conditions at the time of the incident can also play a role in your case. Factors such as weather, visibility, and road conditions can affect your ability to see and react to pedestrians. For example, if it was raining, snowing, foggy, or dark, you may have a defense that you had no way of seeing the pedestrian or that you had to brake harder or slower to avoid skidding. However, you still have to show that you were driving at a safe speed and that you had your headlights and windshield wipers on if needed.
- How were you driving? Your driving behavior at the time of the incident is a crucial aspect of your defense. You have to show that you were driving cautiously and responsibly and that you did not break any other traffic laws. For example, if you were speeding, texting, drinking, or running a red light, you will have a harder time convincing the judge that you were not at fault. On the other hand, if you were driving at or below the speed limit, paying attention to the road, and following the traffic signals, you will have a stronger case that you did everything possible to avoid hitting the pedestrian.
These are some of the questions you should think about when preparing your defense for a failing to yield citation. Remember, the burden of proof is on the officer who issued the ticket, and you have the right to challenge their evidence and testimony. A citation lawyer can do that and advise you on the best course of action for your situation. Don’t let a failing to yield citation ruin your driving record and your wallet. Contact a citation lawyer today and find out how they can benefit you.
Contact a New York Traffic Ticket Defense Lawyer Today
If you find yourself facing a citation for failure to yield to a pedestrian in New York, don’t hesitate to seek the advice of a citation lawyer to help you understand the law and ensure the best possible outcome for your case, such as a dismissal or reduction of charges. A traffic ticket defense lawyer can also help negotiate lower fines and avoid points on your license.
by Lindsay BernsteinCourts Reopening Virtually
As we are all becoming acclimated to our new social climate, the Courts have had to adapt as well. While most Courts have reopened, Municipal Court cases in New Jersey are being handled remotely with virtual appearances. We are still provided the opportunity to conference our cases with the Prosecutor in a closed video chat setting and then place the final plea deal on the record in front of a Judge. Courts are implementing this current structure with no definitive end date. Our firm is closely monitoring any changes throughout the State and it will be interesting to see if in-person appearances ever come back to full capacity.
by Lindsay BernsteinConsequences of Decreased Ticketing
Amidst the current pandemic, you many have noticed that there are many fewer officers issuing traffic citations for such offenses as speeding and improper turns. While this may be welcome news to some motorists, there are significant consequences of this decreased issuance of ticketing. Many municipalities, Lyndhurst as an example, have noticed a substantial decrease in revenue due to this decreased ticketing. Furthermore, reduced ticketing may result in an increased number of traffic offenses being ultimately convicted.Traffic citations, while frustrating for the recipient, do serve an important role in both funding, and their ultimate goal of promoting safety.