Traffic Infractions

Traffic infractions can have a serious and significant effect on your driving privileges and insurance rates. At the Law Office of Mark A. Siesel in White Plains, New York, we represent clients charged with traffic infractions, employing aggressive and creative strategies to minimize the impact on their driver’s license and insurance rates. There have been many amendments to the New York State Vehicle & Traffic Law in the last few years which have resulted in points being assessed on motorists’ driver’s licenses with a greater likelihood of suspension or revocation of the driver’s license. For example, it is now a 3 point traffic infraction to drive and use a cell phone without a hands free device, or to text and drive.

Another new law which went into effect in 2011 is the “Move Over Act”, which many drivers continue to be unfamiliar with. Under the Move Over Act, a driver who observes an emergency vehicle with red and/or white lights displayed must reduce his or her speed and move over one lane provided that the lane change can be done safely. This latter provision does provide a possible defense to a violation of the Move Over Act, since another section of the Vehicle & Traffic Lane makes unsafe lane changes a violation as well. If you are found to have violated the Move Over law, this is a three point infraction, and as of June of 2012, a $150.00 fine and $85.00 mandatory New York State surcharge is assessed.

Representing Clients Charged With Traffic Infractions

Traffic infraction cases we handle at the Law Office of Mark A. Siesel include speeding, disregarding a traffic control device, unsafe lane changes, following too closely, illegal turns, and a variety of distracted driving violations. As previously mentioned, there is now much more stringent enforcement of the ban against the use of hand held electronic devices while driving.

Penalties For Accumulation of Points

Under New York Law, if you are assessed 11 point on your driver’s license, your driver’s license will be suspended. Additionally, if you accumulate 6 or more points on your license in an 18 month period, you will face a “Driver’s Responsibility Assessment”, which is a fine of $300.00 that must be paid to the New York State Department of Motor Vehicles. If you do not pay the assessment, your driver’s license, learner’s permit or driving privileges will be automatically suspended. The inability to drive can affect your personal life and your ability to maintain employment. Our objective is to minimize any effects on your license and insurance premiums. At our firm, we have frequently been successful in negotiating reductions in charges to reduce the impact on our clients’ driver’s licenses, and in some cases, when the prosecution will not agree to a fair reduction of the charges, we fight the infraction at trial.

Contact Us

We encourage all of our clients to drive safely and unemotionally, which has become a serious issue with the problem of aggressive driving on the roadways. When you are facing a traffic infraction that could result in the loss of your license, we will serve as your most aggressive and diligent advocate. There is much at stake when your ability to drive could be affected. To obtain more information or to schedule an appointment with an experienced lawyer, please contact us.

INFRACTIONPOINTS
Speeding (Unreasonable (for conditions)
(MPH over posted limit)
 1 to 103
11 to 204
21 to 306
31 to 408
Over 4011
Reckless driving5
Failed to stop for school bus5
Followed too closely (tailgating)4
Inadequate Brakes (commercial vehicle only)2
Failed to yield right-of-way3
Disobeying traffic control (Signal, Stop sign or Yield sign)3
Railroad crossing violation3
Improper Passing or Lane Use3
Leaving the Scene of an Accident Involving Properly Damage or Animal3
Leaving the scene of an accident With personal injury is a misdemeanor (Punishable by up to six (6) months in a Local jail, recovation of operating privileges and $600 fine5
Failing to wear seatbelt (Adult)0
Failing to wear seatbelt (Child)
(<16 in front, <10 in rear <4 in child seat)
3
Any other moving infraction
2
Use of a hand held electronic device/texting while driving
3