- Criminal Traffic Offenses
Criminal Traffic Offenses in Nassu County
For most people, a ticket for a traffic violation can seem like something that is an inconvenience but not really a major concern. However, these offenses can have a lasting impact and multiple tickets can ultimately result in many additional costs and possibly even suspension of a person’s driving privileges.
You are not required to have legal representation for traffic violations, but it can be extremely beneficial for those who work with an experienced criminal defense attorney to resolve these charges. With the help of legal counsel, you may be able to plead not guilty, have charges dismissed, or negotiate a favorable plea bargain.
If you have been charged with any sort of criminal traffic violation in New York, Stephanie Selloni can work to obtain the most favorable outcome to your case. She has helped countless people all over Long Island, Nassau County, Suffolk County, and all five boroughs of New York City keep points off traffic records.
Law Office of Stephanie Selloni represents clients in Westbury, Floral Park, Mineola, Garden City, Hempstead, and many surrounding communities. Our firm can review your case and help you understand your legal options during a free, confidential consultation when you call 516-972-1212.
New York Criminal Traffic Offenses Overview
- How is reckless driving defined?
- What penalties does a person face for leaving the scene of an accident?
- What kind of criminal charge is it if a person drives on a suspended or revoked license?
- How might a person be punished for passing a stopped school bus?
- Where can I learn more about traffic violations in New York?
New York Vehicle and Traffic Law § 1212 defines Reckless Driving as “driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.” This is a misdemeanor offense that can add five points to an alleged offender’s New York State driving record.
Because reckless driving charges are usually filed in conjunction with speeding tickets, this can possibly involve more than six points being assessed to a person’s driving record. If the alleged offender is convicted or pleads guilty to these offenses, he or she may have to pay a $250 Driver Responsibility Assessment fee for up to three years. In some cases, a driver may have his or her license suspended or revoked.
A few of the ways in which a lawyer may be able to challenge reckless driving accusations include:
- Alleged offender’s conduct did not unreasonably endanger any users of the public highway
- Alleged offender’s conduct did not unreasonably interfere with the free and proper use of the public highway
- Lack of evidence
- Police officer did not have probable cause to stop vehicle
Under New York Vehicle and Traffic Law § 600, any person “knowing or having cause to know” that damage has been caused to property or personal injury has been caused to another person as the result of a motor vehicle accident is required to stop and provide the following information to all other parties involved in the accident. In a hit and run case in Nassau County, NY, that information includes:
- His or her driver’s license
- His or her insurance identification card for such vehicle
- His or her name and residence, including street and number
- His or her insurance carrier and insurance identification information including but not limited to the number and effective dates of his or her insurance policy
- His or her license number
The classification of leaving scene of an incident without reporting can range from a traffic infraction all the way to a class D felony, depending on the alleged offender’s prior criminal history and the type of damage or injury caused. A first offense involving just property damage can result in up to 15 days of imprisonment and/or a fine of up to $250.
Driving while a license is suspended or revoked is referred to in New York Vehicle and Traffic Law § 600 as Aggravated Unlicensed Operation (AUO) of a motor vehicle. This can be either a misdemeanor or felony offense, depending on the following factors:
- Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree — It is a misdemeanor punishable by a fine of up to $500 and/or up to 30 days imprisonment if a person operates a motor vehicle while knowing or having reason to know that his or her license is suspended, revoked, or otherwise withdrawn by the New York State Department of Motor Vehicles commissioner
- Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree — It is a misdemeanor punishable by a fine of up to $1,000 and/or up to 180 days imprisonment if a person operates a motor vehicle while knowing or having reason to know that his or her license is suspended, revoked, or otherwise withdrawn by the New York State Department of Motor Vehicles commissioner and either:
- The alleged offender has previously been convicted of AUO in the preceding 18 months
- The suspension or revocation is based upon a refusal to submit to a chemical test or a conviction for an alcohol or drug-related offense
- The suspension was a mandatory suspension pending prosecution of an alcohol or drug-related offense
- The alleged offender has three or more prior suspensions on at least three separate dates for failure to answer, appear or pay a fine
- Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree — It is a class E felony punishable by a fine of up to $5,000 and/or up to four years imprisonment if a person operates a motor vehicle while knowing or having reason to know that his or her license is suspended, revoked, or otherwise withdrawn by the New York State Department of Motor Vehicles commissioner and either:
- The alleged offender is operating a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs during the commission of AUO in the Second Degree
- The alleged offender has 10 or more prior suspensions on at least 10 separate dates for failure to answer, appear or pay a fine and commits the offense of AUO in the Third Degree
- The alleged offender commits the offense of AUO in the Third Degree while under permanent revocation
New York Vehicle and Traffic Law § 1174 prohibits drivers from passing a stopped school bus on any public or private roadway. If a person is convicted of or pleads guilty to this offense, it will result in five points being added to his or her New York State driving record.
Additionally, the punishments increase for subsequent offenses:
- First Conviction — Fine of up to $400 and/or up to 30 days imprisonment
- Second Conviction Within Three Years — Fine of up to $750 and/or up to 180 days imprisonment
- Third or Subsequent Conviction Within Three Years — Fine of up to $1,000 and/or up to 180 days imprisonment
New York State Department of Motor Vehicles Traffic Violations Bureau — The Traffic Violations Bureau (TVB) handles all non-criminal moving traffic violations in New York. You can find information about hearings, appeals, and violation points on this website.
696 East Fordham Road
Bronx, NY 10458
New York State’s Town and Village Courts — This website has answers to frequently asked questions, a glossary of legal terms, and many other types information relating to the nearly 1,300 locally-funded justice courts in the state of New York. These courts deal with vehicle and traffic issues, small claims, evictions, civil matters, and criminal offenses.
New York State Unified Court System
Office of Court Administration
25 Beaver Street
New York, NY 10004
New York State Police Traffic Safety — You can find answers to frequently asked questions and links to New York traffic safety statistics on this website.
State Police Department
1 Wards Meadow Loop
New York, NY 10035
Find the Best Criminal Traffic Offenses Lawyer in Long Island
Do not assume that a criminal traffic violation is “no big deal.” A misdemeanor offense could lead to a permanent criminal record that will follow you for a lifetime.
Law Office of Stephanie Selloni helps clients throughout Long Island as well as communities in Nassau County, Suffolk County, and all five boroughs of New York City. Call 516-972-1212 to get a complete evaluation of your case during a free legal consultation. Stephanie Selloni is an experienced criminal defense attorney who will fight to protect your good name.