Moving violations cover a broad array of traffic offenses that can significantly impact drivers in Nassau and Suffolk Counties. These offenses, ranging from reckless driving to failing to yield at a railroad crossing, can result in points on your driving record, costly fines, and even criminal charges. At The R.M.L. Law Firm, PLLC, we specialize in defending clients against these serious moving violations to help protect their driving records. Contact a trusted Long Island traffic ticket defense lawyer for assistance with your moving violation today.
Note: Our firm does not handle NYC Traffic Violations Bureau (TVB) moving violation tickets.
Common Moving Violations and Their Penalties
Here’s a closer look at some common moving violations and the penalties they carry:
- Reckless Driving (Misdemeanor): Reckless driving involves operating a vehicle with a blatant disregard for safety. This offense is considered a misdemeanor under New York law and results in 5 points on your license. Penalties can include fines and, in severe cases, incarceration, especially for repeat offenders.
- Failure to Stop for a School Bus: Drivers must halt when a school bus displays its red lights and extended stop sign. This critical safety measure protects children as they board or exit the bus. Violating this rule results in 8 points on your driving record and significant fines, emphasizing the importance of compliance.
- Railroad Crossing Violation: Disregarding signals or crossing gates at railroad crossings can lead to serious consequences. This offense incurs 5 points on your license and substantial fines, reflecting the strict enforcement of safety regulations at these high-risk locations.
- Following Too Closely (Tailgating): Tailgating is not only a dangerous practice but also a traffic violation that results in 4 points on your driving record. This behavior can increase the likelihood of rear-end collisions and raises the risk of higher insurance premiums.
- Improper Passing: Improperly passing another vehicle, particularly in restricted zones or unsafe conditions, leads to 3 points on your license. This offense can often be contested based on the specific circumstances and location of the violation.
Defense Strategies for a Moving Violation
Each moving violation requires a tailored defense strategy to address the unique aspects of the case:
- Investigate Officer Observations: For violations like reckless driving or following too closely, evaluating the officer’s observations and procedures can reveal inconsistencies. Errors in the officer’s report or procedure can be leveraged to challenge the validity of the charges.
- Assess the Evidence: In violations such as improper passing or railroad crossing violations, scrutinizing the evidence presented by the prosecution is crucial. Discrepancies in the evidence or errors in ticket issuance can be used to argue against the charges.
- Present Mitigating Factors: In some cases, demonstrating mitigating factors—such as emergency conditions that necessitated the driving behavior—can influence the outcome. This approach can be particularly effective in reducing the severity of charges related to reckless driving.
FAQs
- What happens if I accumulate too many points on my license? Accumulating 11 or more points within a 24-month period can lead to a suspension of your driver’s license. To avoid reaching this threshold, it’s important to contest each ticket effectively. Additionally, you may have the option to take a defensive driving course, which can reduce up to 4 points from your driving record and prevent suspension.
- Can an attorney help reduce the penalties for a moving violation? Yes, an experienced attorney can negotiate with the prosecutor to reduce the charges or penalties associated with a moving violation. This could result in lower fines, fewer points on your license, or even a dismissal of the charges. An attorney’s understanding of local laws and courtroom procedures plays a crucial role in achieving the best possible outcome.
- What should I do if I’m cited for multiple moving violations in one incident? Multiple violations can significantly impact your driving record and lead to compounded penalties. Consult with an attorney who can review the circumstances of each violation and develop a comprehensive strategy to minimize the overall impact. This might include negotiating with the prosecution to have some charges reduced or dismissed.
- How can I contest a reckless driving charge? Defending against a reckless driving charge involves demonstrating that your driving was not reckless or that there were extenuating circumstances. For example, you might prove that you were driving in response to an emergency situation or that the conditions of the road necessitated your actions. An attorney will analyze the evidence and formulate a defense strategy tailored to your case.
- What defenses are available for a failure to stop for a school bus violation? To contest a failure to stop for a school bus violation, you can argue that the bus’s stop sign or lights were not functioning properly or were obstructed. Additionally, you can challenge the accuracy of the bus driver’s observation or the legality of the bus’s positioning.
- How serious is a railroad crossing violation? Railroad crossing violations are taken very seriously due to the high risk of accidents. Penalties can include significant fines, points on your license, and even potential criminal charges if the violation led to a dangerous situation. It’s crucial to contest these charges with a strong defense strategy to mitigate the potential consequences.
- What are the implications of a tailgating ticket? Tailgating, or following too closely, can lead to fines and points on your license, and it can also increase your risk of being involved in an accident. Additionally, multiple tailgating violations can lead to more severe penalties and affect your driving record. A moving violation defense lawyer can help contest the ticket by challenging the accuracy of the officer’s observations or the evidence presented.
- Can I fight an improper passing charge? Yes, an improper passing charge can be contested by arguing that the passing maneuver was legally justified or that there were mitigating circumstances. For example, you may demonstrate that you were passing in a manner that did not endanger other drivers or that the signs marking no-passing zones were not clearly visible.
- What should I expect during a court appearance for a moving violation? During a court appearance for a moving violation, you will have the opportunity to present your case and any defenses you may have. The judge will review the evidence, hear arguments from both sides, and make a determination. A moving violation lawyer can represent you in court, present your defense effectively, and negotiate on your behalf.
- How can a defensive driving course help with moving violations? A defensive driving course can help reduce points on your license and potentially lower your insurance premiums. Completing a state-approved defensive driving course shows the court that you are committed to improving your driving habits.
Contact a Lawyer for Your Long Island Moving Violation Defense
Attorney Ramy M. Louis brings extensive experience in Nassau and Suffolk Counties, offering valuable insights into the local court systems. As a former traffic court prosecutor, he has a strategic advantage in handling cases in locations like Hempstead, Westbury, and Babylon. This deep understanding of local traffic laws and procedures allows him to craft tailored defense strategies.
At The R.M.L. Law Firm, PLLC, we are committed to helping you achieve the best outcome in your moving violation case. If you’re facing moving violations in Nassau or Suffolk County, don’t let these charges affect your driving record or finances. Contact us to schedule your consultation and discover how we can assist you in handling your moving traffic violation.
