Experienced Representation For Your Legal Matters

Challenges to a traffic ticket in New York

On Behalf of | Apr 26, 2022 | Firm News |

Like most states, New York uses a point system for traffic tickets. The number of points added depends on the infraction, and too many points can suspend your license. However, there are ways you may challenge the ticket in Binghamton, New York.

Challenges to traffic tickets

A common challenge to traffic tickets is a mistake of fact, or you made a reasonable error based on circumstance. For example, if you got a citation for running a stop sign, you may not have seen it because of the bushes covering it.

Though it is rarely used, you may try a necessity defense, or your actions were justified to avoid greater harm. For example, if you intentionally speed up to avoid hitting another vehicle or pedestrian, it may count as a necessity. However, if the offense caused greater harm than the avoided danger or you kept speeding, it may not work.

Some traffic offenses are based on the officer’s conclusions and observations, and their judgments are not always correct. This frequently happens with speeding, which could be argued as reasonable under some circumstances, such as no sign posted.

When to fight a ticket

Research the law and the code elements you violated because an officer may not always know these codes. If you conclude that the violation doesn’t match the elements, you may have a reason to fight it. If you have several points on your license, it is usually a good idea to fight the ticket.

If this is a first offense, it may be worth challenging to keep your driving record clean. Auto insurance providers view your driving record when deciding what rates to charge and will see it listed. You may be likely better off paying the fine for first offense minor nonmoving violations.