From steep fines to points on your license, getting a traffic ticket in New York has a number of drawbacks. Luckily, there are a few ways to fight your ticket, allowing you to potentially get it dismissed or reduced. Here are the important details you need to know.
Understanding Your Ticket Options
The first step to dealing with a New York State traffic ticket is to understand your appearance requirements. Check to see whether the ticket has the box checked for a “traffic infraction” or a “misdemeanor.” This information can be found on the left-hand side of your ticket, about a third of the way down.
Misdemeanor Offenses
If the ticket is for a misdemeanor, you must appear in the City Court before the return date written on your ticket. When you appear, you’ll be arraigned before a City Court Judge.
Once you have an attorney, you’ll answer the charges by pleading guilty or not guilty. If you plead not guilty, you’ll receive a court date for your trial or hearing. This is when you’ll have a chance to fight the ticket.
Traffic Infractions
If the ticket is simply a traffic infraction, you can enter your plea by completing the information on the ticket, signing it, and mailing it to the courts within 48 hours of the time the ticket was issued. If you prefer, you can also plead not guilty by appearing in court in person on the court date that is listed on your ticket.
5 Steps for Fighting Your Traffic Ticket in NY Court
If you choose to fight your traffic ticket in court, there are some important steps you need to follow.
1. Enter Your Plea of Not Guilty
First, you’ll need to enter a plea of not guilty. This gives you the opportunity to fight the ticket in front of a judge.
2. Request Supporting Deposition
A supporting deposition can provide you with additional information regarding the basis for issuing your ticket. If you request this information within 30 days of the return date listed on your ticket, the court will order the issuing officer to provide you with a supporting deposition within 30 days of your request.
3. Receive Your Trial Date
Traffic ticket cases are assigned a date for a non-jury trial. Once your plea has been received, you will receive a written notification from the court confirming your trial date.
4. Appear in Court
On your court date, the prosecutor will present evidence of your crime or infraction to the court. You or your attorney will have a chance to cross-examine witnesses and present evidence to the court.
5. Receive a Decision
After listening to all the evidence, the judge will find you guilty or not guilty or may reserve decision, in which case he or she will mail a written decision to you at a later time. If you are found not guilty, the ticket is dismissed and the case is over.
New York’s Traffic Diversion Program
Rather than fighting a traffic ticket in court, you may consider taking advantage of the New York Traffic Diversion Program. This allows drivers to avoid penalties and points associated with traffic tickets by taking an approved defensive driving course, also known as a Point Insurance Reduction Program.
Once you’ve successfully completed the course, you’ll receive a certificate of completion, which you can submit to the Courts so your ticket can be dropped. While this is a convenient and inexpensive way to have your New York traffic ticket dismissed, there are some important eligibility requirements you need to be aware of.
Eligibility Requirements
Whether you’re eligible to have your ticket dismissed by taking a defensive driving course will depend on your driving record and the severity of your offense. To qualify, you must meet the following requirements (this may vary by county):
Be charged with an eligible offense (generally, reckless driving and DUIs are excluded).
Have insurance and a valid driver's license at the time of the offense.
Have no more than four points on your official driving record.
Have not had a DUI conviction within the previous 18 months.
Have not been ticketed for speeding at more than 30 mph over the posted limit.
Have not been involved in an accident at the time of the offense.
Have not taken a traffic diversion program within the previous 12 months.
If you’re eligible, you’ll need to find an approved course that meets your needs. I Drive Safely offers a fully online, DMV-approved New York defensive driving course that can reduce up to four points on your license and give you a guaranteed 10% discount on your insurance. It’s fast, easy, and affordable, so check it out today!
