New York Traffic Ticket Lawyers

Speeding is a common moving violation that can result in points on a license, expensive fines, and even a suspension or revocation of a license. The number of points that you will get on your license depends on how many miles per hour over the speed limit you were driving. For example, you can get three points for driving 1-10 mph over the limit, while you can get 11 points on your driver’s license for going 41 mph or more over the limit. The fines and penalties for a conviction also depend on the number of miles over the speed limit that you were going. Sometimes you can get a speeding ticket even if you were driving below the speed limit if the officer believes that you were driving faster than what was reasonable.

Driving on a suspended license in New York is known as aggravated unlicensed operation. Aggravated unlicensed operation of a motor vehicle in the third degree occurs if you operate a motor vehicle when you know or have reason to know that your driver’s license or privilege has been suspended or revoked by the Department of Motor Vehicles. You can be charged with a misdemeanor or a felony, depending on the circumstances, and our New York traffic ticket attorneys can help you fight either type of charge. For a misdemeanor conviction, you can face a $200-$500 fine, as well as possible incarceration for a maximum of 30 days or probation. There are varying degrees of aggravated unlicensed operation. The penalties depend on the degree of aggravated unlicensed operation with which you are charged. For example, first-degree aggravated unlicensed operation is a felony, and if you are convicted, you may have a permanent criminal record.

Driving while intoxicated is a crime for which you can face significant penalties. You can be charged with DWI if you operate your car with a blood alcohol concentration of at least .08, even if you were not impaired while driving. Alternatively, you can face a driving while intoxicated charge if you operate a car while impaired by alcohol to a substantial extent. In most cases, a first offense is charged as a misdemeanor. You can face a maximum of a year in jail, a fine of $500-$1,000, and at least a six-month license revocation. Moreover, in New York, if you get a second DWI conviction within five years of a first conviction, you can face felony charges. If your blood alcohol content is less than .08%, but your driving has been impaired by alcohol, you can be charged with driving while ability impaired (DWAI), which is a less serious crime.

You will need a commercial driver’s license to drive a vehicle that weighs more than 26,000 pounds, a vehicle that accommodates 15 or more passengers, or a vehicle that is used to transport hazardous materials. If you are a truck driver, your commercial driver’s license is very important to your ability to earn a living. You will be held to a higher standard by the State of New York when driving a commercial truck than when driving a smaller vehicle. If you get a truck traffic ticket as a commercial driver’s license holder, you can face the possibility of the suspension or revocation of your commercial driver’s license. Moving violations that can result in the suspension of a commercial driver’s license include failure to yield, a blood alcohol content of over .04%, leaving the scene of an accident, causing an accident that leads to a death, refusing to take a Breathalyzer test, running a red light, tailgating, speeding 15 or more miles over the posted speed limit, and unsafe lane changes. Our New York traffic ticket lawyers can help you fight any of these violations.

Crimes must be established beyond a reasonable doubt. While this is a difficult burden to meet, most prosecutors do not bring charges unless they have gathered some evidence that weighs against the defendant. Criminal charges may be felonies, which are more serious crimes, or misdemeanors. They can involve crimes such as drug offenses, weapons or firearms violations, domestic violence, assault and battery, or theft. What must be established depends on the crime at issue. For example, drug charges in New York include possession, sale, manufacturing, and trafficking, as well as possession of drug paraphernalia. For a first drug offense, your attorney may be able to negotiate an abbreviation for adjournment and contemplation of dismissal. In other cases, such as when evidence of drugs was obtained through an illegal search and seizure, it may be appropriate to challenge the way in which evidence was obtained.

If you need a traffic ticket lawyer in New York, or if you have been charged with a crime, you should consult Joseph Villanueva Attorney At Law. We will work to develop a strategy that protects your rights and provides you with a strong chance of a favorable outcome. Call us at (800) 893-9645 or (914) 723-7900 or contact us via our online form.