Traffic Violations & Citations

Our law firm represents and defends drivers in motor vehicle traffic violations.  Almost every driver, at some point in their life, will receive a traffic ticket.   Therefore, it is really important to have an attorney that you can trust and who will guide you through the legal process.  When receiving a traffic ticket, a driver is often left with the impression that there is nothing he/she can do to challenge the alleged violation.  That is simply not the case. By working with our experienced attorneys, you will be provided with an opportunity to challenge the ticket in hopes of having the charges dropped or lessened.

This is important because in New York, a driver must  be convicted of the traffic violation for points to be added to your driving record.  Having points on your driving record can be detrimental to your daily lifestyle because it may lead to increases in your insurance premium and/or ability to maintain a driver’s license.

Our law firm’s litigation experience in traffic court includes representation of the following vehicular violations:

Speeding Ticket Defense DWI/DUI
Parking Violations Passenger Safety Offenses
Equipment Infractions Red Light Camera Violations
Insurance Suspended or revoked license
Portable Electronic Device Offenses Vehicular Registration

Speeding tickets are one of the most common motor vehicle traffic violations because local and state police will monitor a driver and pull you over when the speed of your vehicle exceeds the posted speed limit.

Stop sign citations are another common violation which is due to a driver’s failure to come to a complete stop at an intersection where a stop sign is present.

The traffic tickets that have generated the most recent interest and need from our law firm are for violations stemming from a driver’s improper use of a cell phone or other portable electronic device. Here, local municipalities and counties are currently changing their policies and programs in pedestrian and vehicular safety when dealing with cell phone and other electronic device violations.

Nassau County is an example where officials most recently launched a new pilot program, which is geared to addressing distracted drivers by changing their behavior rather than receiving the 5 points for improper use of a cell phone or portable device. Now, violators may plead guilty to a lesser charge that results in 4 points and a monetary fine, and waive their appeal.  The traffic case will then be adjourned for 4 months so that within the first 10 days drivers will have the opportunity to register and have a device installed into their car, at a cost of $125, which is designed to prevent unlawful use of any electronic device by the driver.  At the end of the 4 month period, the device will generate a report that is provided to the court.  If the report is satisfactory then the original plea will be reduced to another plea of guilty that will result in a 0 point violation.  However, the driver will still be responsible for paying the initial monetary fine that was imposed at the initial plea.  If the report is unsatisfactory then the driver will receive on their driving record the initial 4 points that were that was plead on the original court date.

Bashian & Papantoniou provides a driver with the comfort of knowing that his/her traffic violations are being handled by efficient and skilled attorneys who can eliminate points, reduce fines and charges through plea bargaining, without the need for trial.  We are also  trial ready and willing, and able to defend your rights at trial.

By retaining our team of lawyers to handle your traffic violation, you will:

  • Allow highly skilled negotiators to plea bargain on your behalf
  • Have experienced litigators investigate and prepare your case for trial
  • Reduce, if not eliminate, points, fines and penalties associated with your violation
  • Avoid lengthy wait times required to appear in court
  • Continue with your personal lifestyle without a hitch or delay
  • Get the results that you need to properly maintain your driving record

In New York State, a driver’s point total is calculated based upon the date of violation and not the date of a conviction. If your point total reaches 11 or more points in an 18 month period, you may be subject to having your license suspended by the DMV. A mandatory suspension or revocation may occur when a driver is convicted of 3 or more speeding violations within an 18 month period, irrespective of how many points you have on your record.

The following table sets forth the number of points for common traffic violation in New York State:

Violation Points Violation Points
Speeding (MPH over speed limit not indicated)

3

Following too closely the left of center, driving in the wrong direction

4

Speeding (MPH over speed limit):

3

Failed to obey a traffic signal, a Stop sign, or a Yield

3

1 – 10 MPH

3

Railroad crossing violation

3

11 – 20 MPH

4

Failed to yield the right-of-way

3

21 – 30 MPH

6

Passenger safety violation, including seat belt and child

3

31 – 40 MPH

8

Left the scene of an accident that includes property

3

More than 40 MPH

11

Other moving violations

2

Reckless driving

5

Use of portable electronic device (“texting”)

5

Failed to stop for a school bus

5

Inadequate brakes (vehicle of an employer)

2

Inadequate brakes

4

Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction 3

Successful representative cases handled by our attorneys are as follows:

  • Client “A” facing 3 points and a fine of $195 for an alleged violation of VTL 1225-c, prohibiting the use of an electronic device while operating a motor vehicle in New York State.  We negotiated a resolution with the prosecutor handling this matter and reduced the electronic device violation to a simple parking violation with 0 points and a reduced fine of $75 plus standard administrative fees.
  • Client “B” is a driver whose license was suspended for 11 years, as the result of a series of outstanding violations associated with operating a vehicle without insurance and for failing to stop at a stop sign. Our firm negotiated the dismissal of the “insurance” violation at a mandatory court appearance by presenting the proper paperwork to the prosecutor handling this matter. It also plea bargained the “stop sign” violation (3 points and $195 fine) down to a simple parking infraction, which accumulated 0 points on Client B’s license. In addition, we were successful in having Client B’s suspended license lifted.
  • Client “C” is a driver who faced 3 moving violations, which included a registration violation (a $220 fine), improper use of an electronic device while operating a motor vehicle (3 points) and a 90 MPH speeding ticket in a 55 MPH Zone Infraction (8 points). Here, our counsel successfully negotiated the outright dismissal of the “registration” violation, while reducing the “cell phone” violation to a parking infraction with 0 points issued and reducing the “speeding” violation to a failure to yield, in which the driver only received 3 points as opposed to the initial 8 points that were being faced in the “speeding” violation.
  • Client “D” is a driver who was facing 6 points for an alleged violation of VTL 1180-b, by traveling 77 MPH in a 55 MPH speeding zone. Our law firm, effectively reduced the VTL 1180-b speeding infraction to a simple “Jaywalking” violation of VTL 1152 (c), Pedestrian Crossing Diagonally, which resulted in 0 points on Client D’s driving record.
  • Client “E” is a driver accused of allegedly driving 58 MPH in a 30 MPH zone in violation of VTL 1180-b.  Bashian & Papantoniou appeared in East Hills Village Court, Long Island and reduced this 6 point violation to a 0 point parking ticket violation with a small fine.
  • Client “F” is a driver accused of violating a red light traffic camera, which is notoriously one of the most difficult violations to challenge.  Nonetheless, our attorneys  obtained the red light camera footage and were able to prove to the prosecutor that a dismissal of the red light camera was warranted in that insufficient evidence existed against driver to prove that he ran through the red traffic light.
  • Client “G”  a New York City driver who faced a misdemeanor criminal charge for failing to yield the right away and allowing her vehicle to come into contact with a pedestrian.  Our law firm brought the charges to trial and received a written decision from the ALJ that dismissed all such charges against our client due to a procedural defect that we discovered in the notice of violation.

Avoid the risk of having your driver’s license suspended or unnecessary points accumulate on your driving record.

Contact the attorneys at Bashian & Papantoniou for your free telephone consultation on your traffic violation.

Our Team

Meet Our Professionals

The attorneys at Bashian & Papantoniou are constantly striving to take law to the next level. Our team is comprised of exceptional professionals who put their clients first. We are knowledgeable, personable and diligent. Client success is our top priority.