Frequently Asked Questions About New York Traffic Violations
For answers to questions not listed below, contact Colwell, Colwell & Petroccione, LLP, to schedule a no-obligation initial consultation with an experienced New York traffic ticket defense attorney. Call 866-974-9186 or contact us via e-mail.
- Can I use a cellphone while driving in New York state?
- If I have a car accident in New York, will it affect my driving record?
- I just got a speeding ticket in New York. What do I need to do?
- What if I forgot to respond to a traffic ticket or pay the fine or surcharge?
- If I get a speeding ticket or other moving violation in another state, will it add points to my NY driver's record?
- How does the driver violation point system in New York work?
- What is the driver responsibility assessment (DRA)?
- I received a speeding ticket in an area far from where I live. Will I have to return to that part of New York for my court appearance?
- Do I need to hire a lawyer for a speeding ticket?
Can I use a cellphone while driving in New York state?
If you use a hand-held cellphone to make calls or other portable electronic devices to send text messages or e-mails while you drive — except in emergencies to call 911 — you can receive a ticket. Fines range up to $250 and violations carry two driver violation points.
If I have a car accident in New York, will it affect my driving record?
Under NY Vehicle and Traffic Law, if you are in an accident, you must stop and exchange information with the involved drivers.
- If the accident caused only property damage, then exchange your driver's license, insurance and registration information.
- If a parked vehicle or other property is damaged or a pet is injured, you must locate the owner or contact the police.
- If someone is injured in the accident, then you must file an accident report with the Department of Motor Vehicles (DMV).
The DMV can suspend your license if you fail to report an accident.
Car accidents will appear on records of all involved drivers, regardless of who might have been at fault. Talk to an attorney if you have been injured in a car accident or are unsure of how it could affect your driving privileges.
I just got a speeding ticket in New York. What do I need to do?
Look at the back of your traffic ticket to determine how to answer the ticket. Most often you have to check a guilty or not guilty box and mail the ticket to the court listed. The court will then notify you of the amount of the fine or your court appearance date.
You must respond or your driver's license could be suspended.
Before checking the guilty box and sending in the fine, you may want to contact an experienced traffic ticket defense attorney. Pleading guilty will add a traffic conviction to your record, which could affect your driving privileges and lead to a driver responsibility assessment (DRA).
What if I forgot to respond to a traffic ticket or pay the fine or surcharge?
Generally, the traffic court will notify the DMV. Your driver's license will then be suspended until you respond to the ticket or pay the fine or mandatory surcharge. To remove the license suspension, you will have to respond to the ticket or pay the fine plus a suspension termination fee of $70.
If you continue to ignore the ticket or fine, you can receive a default conviction, which means that you will be found guilty of that traffic offense. If you forgot to respond to a ticket or pay the fine, contact a traffic defense lawyer to discuss your options.
If I get a speeding ticket or other moving violation in another state, will it add points to my NY driver's record?
The DMV generally does not record out-of-state traffic violations unless they involve drugs or alcohol or occurred in Quebec or Ontario.
But if you fail to respond to a moving violation from most other states, the DMV will suspend your New York driver's license until you respond to the ticket or pay the fine.
How does the driver violation point system in New York work?
When you acquire enough points or are convicted of three speeding tickets in 18 months, your driver's license could be suspended. To learn more about how the driver violation point system could affect you, check out our page on the New York point system.
What is the driver responsibility assessment (DRA)?
The New York driver responsibility assessment basically punishes drivers who receive multiple or repeat traffic violations in a short period of time. For more information about how it could affect you, check out our page on the New York driver responsibility assessment.
I received a speeding ticket in an area far from where I live. Will I have to return to that part of New York for my court appearance?
In most circumstances, an attorney can appear in traffic court on your behalf. For help fighting your traffic ticket, contact the Albany law office of Colwell, Colwell & Petroccione, LLP, at 866-974-9186 or online.
Do I need to hire a lawyer for a speeding ticket?
You don't need a lawyer for most traffic violations, but in many courts, you can get a better deal with the help of an attorney than you will get for yourself — typically fewer points, a lower fine and less hassle. Check out our "Why Hire an Attorney?" page.
Follow Us