What are the Penalties for Traffic Violations in New York State?

Accel Admin   July 24, 2019   Comments Off on What are the Penalties for Traffic Violations in New York State?

If you have been pulled over for a traffic violation, there is a good chance you will need to hire an experienced attorney to help mitigate the damage. Whether you’re facing reckless driving charges or a small speeding ticket, both may have a significant impact on your life, depending on the circumstances. If you wish to learn more about the potential ramifications for traffic violations in New York, please read on:

What are the consequences of reckless driving in New York State?

Being charged with reckless driving is no laughing matter. If you are charged, you may face a heavy fine, court costs, and 5 points added to your driving record. You may also have to pay a yearly fine of $100 for 3 years, as well as take the Driver Responsibility Assesment. 

What are the consequences of a speeding ticket in New York?

The severity of your ticket will depend on how fast you were going at the time. Here is a list of the potential tickets and their corresponding penalties:

  • 1-10 miles per hour over the speed limit is a 3 point violation
  • 11-20 miles per hour over the speed limit is a 4 point violation
  • 21-30 miles per hour over the speed limit is a 6 point violation
  • 31-40 miles per hour over the speed limit is an 8 point violation
  • If you were caught driving 41 miles per hour over the speed limit, you are facing an 11 point violation. This is a very serious matter, so you should seriously consider hiring an attorney.

What are the penalties for being caught without a license?

If you should have known about the revocation or suspension of your license at the time you were pulled over, there is a good chance you will be charged with aggravated unlicensed operation of a motor vehicle in the third degree. This is a misdemeanor that entails fines between $200-$500, and possible imprisonment for up to 30 days. The penalties for AUO in the second and first-degree are as follows:

  • Second degree: You were either caught driving while having already been convicted of an AUO in the third degree within in the last 18 months, the previous suspension was based on a chemical test refusal, the suspension was because of a DUI, or a person has 3 or more unanswered suspensions for failing to appear or pay a fine. This offense is a misdemeanor and comes with fines and terms of imprisonment that vary depending on the reason for the charge’s upgrade to the second degree.
  • First degree: This is a class E felony. You may be charged with this crime if you operate a vehicle and are caught committing an AUO in the second degree while under the influence of drugs or alcohol, committed an AUO in the third degree with a permanent revocation, or committed an AUO in the third degree with 10 or more suspensions for failure to appear or pay a fine. You may have to pay a fine ranging from $500-$5000 and face incarceration or probation from anywhere between 1 and 4 years. 

What are the consequences of a cell phone violation?

You may have to take a Driver Responsibility Assesment as well as pay a yearly 3-year $100 fine. You may face a 5-point penalty, as well as additional fines, depending on whether or not it was your first offense. Here are some of the potential penalties for a cell phone violation:

  • First offense: $50-$200, a surcharge of up to $93
  • A second offense within 18 months: $50-$250, a surcharge of up to $93
  • A third or subsequent offense within 18 months: $50-$450, and a surcharge of up to $93

Contact our New York firm

If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.