Traffic Violation Defense Across New York's Capital Region
Paying a traffic ticket is the same as pleading guilty. That decision adds points to your license, increases your insurance premiums, triggers Driver Responsibility Assessment fees, and can ultimately lead to license suspension. Most people do not realize that nearly every traffic ticket in New York is negotiable — and that hiring an attorney often costs less than the long-term consequences of just paying the fine.
At Ianniello Chauvin, LLP, our attorneys handle traffic violations across Saratoga Springs, Clifton Park, Albany, Glens Falls, and throughout the Capital Region. In most cases, we can appear in court on your behalf — so you do not have to miss work or travel for your hearing.
Traffic Violations We Defend
We represent clients facing the full range of traffic charges under New York’s Vehicle and Traffic Law, including:
- Speeding tickets (VTL 1180) — the most common traffic violation in New York
- Reckless driving (VTL 1212) — a criminal misdemeanor, not just a traffic ticket
- Cell phone and texting violations — 5 points per offense
- Running a red light or stop sign — 3 points
- Driving with a suspended or revoked license (VTL 511) — can be a felony
- Failure to yield / unsafe lane changes
- Following too closely
- Passing a stopped school bus — 8 points
- Leaving the scene of an accident (VTL 600) — misdemeanor to felony depending on injuries
- Driving without insurance
- Commercial driver (CDL) violations — stricter penalties, lower thresholds
- DWI/DUI-related traffic charges — DWAI, refusal hearings, conditional licenses
Even a single speeding ticket can cost you hundreds of dollars in fines, surcharges, insurance increases, and DRA fees over three years. Our attorneys review every ticket for defenses and negotiate to have charges reduced or dismissed whenever possible.
New York's Point System — What You Need to Know
New York assigns points for every moving violation. Accumulate 11 or more points within 24 months and your license is suspended. But the consequences start well before suspension:
Point Values for Common Violations
- Speeding 1-10 mph over: 3 points
- Speeding 11-20 mph over: 4 points
- Speeding 21-30 mph over: 6 points
- Speeding 31-40 mph over: 8 points
- Speeding 41+ mph over: 11 points (automatic suspension)
- Reckless driving: 5 points
- Texting while driving: 5 points
- Cell phone use: 5 points
- Passing a stopped school bus: 8 points
- Running a red light: 3 points
- Following too closely: 2 points
Driver Responsibility Assessment (DRA)
If you accumulate 6 or more points within 18 months, the DMV imposes a Driver Responsibility Assessment — a separate fee on top of your fines. The DRA costs $100 per year for three years ($300 total) at 6 points, plus $25 per year for each additional point over 6. These fees are billed directly by the DMV and are not negotiable — but reducing the points on your ticket before conviction can keep you below the threshold.
Defensive Driving Course
New York’s Point and Insurance Reduction Program (PIRP) can reduce up to 4 points from your record for suspension calculation purposes and provides a 10% insurance discount for 3 years. However, the course does not waive DRA fees already assessed. It can be taken once every 18 months.
Serious Traffic Offenses That Carry Criminal Penalties
Not all traffic violations are simple infractions. Several carry criminal misdemeanor or felony charges with potential jail time:
Reckless Driving (VTL 1212)
Reckless driving is an unclassified misdemeanor — a criminal charge, not a traffic infraction. First offense: $100–$300 fine and up to 30 days in jail. Second offense within 18 months: up to $525 and 90 days. Third offense: up to $1,125 and 180 days. A reckless driving conviction creates a permanent criminal record.
Aggravated Unlicensed Operation (VTL 511)
Driving with a suspended or revoked license is one of the most commonly charged traffic crimes in New York:
- AUO 3rd Degree: Unclassified misdemeanor — $200–$500 fine, up to 30 days jail
- AUO 2nd Degree: Unclassified misdemeanor — $500–$1,000 fine, up to 180 days jail
- AUO 1st Degree: Class E felony — $500–$5,000 fine, up to 4 years in state prison
AUO charges frequently accompany DWI cases where a prior DWI resulted in license revocation.
Leaving the Scene of an Accident (VTL 600)
Penalties escalate based on the severity of the accident:
- Property damage only: Traffic infraction — up to $250 fine, up to 15 days jail
- Personal injury: Class B misdemeanor (first offense) — up to 1 year jail
- Serious physical injury: Class E felony — up to 4 years prison, up to $5,000 fine
- Death: Class D felony — up to 7 years prison, $2,000–$5,000 fine
CDL Holders Face Higher Stakes
Commercial drivers face a lower BAC threshold (0.04% vs. 0.08%), mandatory CDL disqualification periods for serious violations, and permanent CDL revocation for a second major offense. Two serious traffic violations in a commercial motor vehicle within 3 years triggers a 60-day disqualification. A single DWI in a commercial vehicle means at least a 1-year CDL disqualification — 3 years if hauling hazardous materials. Our attorneys understand what is at stake for CDL holders and defend accordingly.
Frequently Asked Questions About Traffic Violations in New York
Should I just pay my traffic ticket?
No. Paying a traffic ticket is a guilty plea. It adds points to your license, increases your insurance rates, and can trigger Driver Responsibility Assessment fees of $300 or more. In most Capital Region courts, an attorney can negotiate to reduce or dismiss the charges — often for less than the long-term cost of paying the ticket.
How many points will suspend my license in New York?
Your license will be suspended if you accumulate 11 or more points within a 24-month period. However, consequences begin at 6 points, when the DMV imposes the Driver Responsibility Assessment ($100/year for 3 years plus $25/year for each point over 6).
Can I fight a speeding ticket in New York?
Yes. In town and city courts across the Capital Region, traffic tickets can be negotiated through plea bargaining. Common outcomes include reducing a speeding ticket to a non-moving violation (zero points) or to a lower-speed bracket with fewer points. Note: plea bargaining is not available in TVB courts (NYC, Nassau County, Suffolk County, Buffalo, and Rochester).
What is the difference between a traffic infraction and a traffic misdemeanor?
A traffic infraction is not a crime — it carries fines and points but no criminal record. Most traffic tickets (speeding, red lights, cell phone) are infractions. A traffic misdemeanor is a criminal charge that can result in jail time and a permanent criminal record. Reckless driving, aggravated unlicensed operation, and hit-and-run with injury are all misdemeanors or felonies.
Do I need a lawyer for a CDL violation?
Strongly recommended. CDL holders face stricter consequences for every traffic violation — including lower BAC thresholds (0.04%), mandatory disqualification periods, and permanent CDL revocation for a second major offense. A single conviction that might be minor for a regular driver can end a CDL holder’s career. Our attorneys understand the federal and state regulations that apply to commercial drivers.
Can my attorney appear in court without me?
Yes, in most Capital Region town and city courts. For standard traffic infractions, your attorney can appear on your behalf, negotiate with the prosecutor, and resolve your ticket without you being present. This means no missed work, no travel, and no sitting in a courtroom waiting for your case to be called.
How We Defend Traffic Cases
Our attorneys are skilled negotiators who regularly achieve outcomes that save clients thousands of dollars in long-term costs:
- Reducing tickets to non-moving violations — eliminates points entirely
- Negotiating lower point values — keeps you below DRA and suspension thresholds
- Preventing license suspension — critical for CDL holders and anyone who drives for work
- Appearing in court on your behalf — no missed work, no travel to distant courts
In Capital Region town and city courts, plea bargaining is available — and it works. Our former-prosecutor attorneys know how local courts operate, what outcomes are realistic, and how to negotiate effectively on your behalf.
Do not pay your ticket before speaking with an attorney. Contact Ianniello Chauvin, LLP today for a free case review. We represent clients facing traffic violations in Saratoga Springs, Clifton Park, Albany, Glens Falls, and throughout New York’s Capital Region.