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.

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