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Traffic Defense Articles

How does a typical traffic ticket case proceed?

by Seth Azria on 2/28/2010

Absent a trial, the process described below applies to the vast majority of traffic violations including tickets issued for speeding, cell phone use, failure to use seat belts, running a stop sign or red light, etc. 

1. Sending the Letter of Representation to the Traffic Court

First, we send a letter to inform the the court that we represent you and to enter a plea of not guilty on your behalf. We will also adjourn your case to later date to give us the opportunity to negotiate a reduction of your ticket. 

As a result, the court date printed on the ticket is no longer applicable.

For most traffic violations, you will not have to appear in court or send in a not guilty plea yourself.  If you are charged with a misdemeanorAggravated Unlicensed Operation for example, you will have to appear in court and we will advise you of the date, time, and what to expect at that appearance.

2. Negotiating a Reduction with the District Attorney's Office

The next step is to negotiate a reduction or dismissal with the prosecutor.  We may do so in person or by letter depending on the circumstances. These negotiations result in a proposed disposition for your ticket. 

To help us formulate an argument on your behalf, we will ask you questions, via email, about the circumstances of your ticket and about you personally. Your answers are important. 

We will also need a copy of your driving record.  For clients licensed to drive in New York State, we will pull the driving record for you. 

For clients licensed to drive in another state or in a province of Canada will ask you to contact that department of motor vehicles for a copy. Most states, Qu├ębec, and Ontario offer this service online and we will include a link with our email requesting your record. 

3. Informing You and Gaining Your Consent to the Proposed Disposition

After we have a proposed reduction for your case, we will explain to you the reduction and the consequences of pleading guilty to the reduced charge. Often we use email for this purpose and allow you to consent via email. 

We also have clients stop into the office or use regular mail depending on the circumstances. 

4. Sending the Proposed Disposition to the Court

Once you have consented to the proposed disposition, we will send it to the court. These dispositions are "proposed" because the court must accept it in order for you to gain the benefit of the reduction.  

Most often, courts will go along with the deal we have worked out with prosecutor and then send a fine or dismissal notice to our office. 

Occasionally, a court will reject the proposed disposition. If this happens, we will negotiate a new disposition or otherwise reach an acceptable outcome without any further charge to you. 

5. Sending You the Fine or Dismissal Notice

Typically, we will both email and mail the fine notice to ensure that you receive it. It will be your responsibility to pay the fine according to the court's instructions. Courts typically allow 2-4 weeks for payment of the fines. In the normal course fo business, we do not make fine payments for clients. 

The entire process usually takes about 2-3 months and send regular email updates.  And, of course, we are always here to answer any questions or concerns you may have in the meantime.

We are dedicated to prompt client communication and chances are great that you will speak to an attorney immediately. Please be advised that legal fees for traffic matters are due up front and we will not enter an appearance with a court until the legal fee is paid.  Court fines are not included in the legal fee.

If you have one speeding ticket or cell phone ticket you may hire us online. Otherwise, we look forward to hearing from you. 

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

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Statewide Traffic Defense Practice

Azria & Bruffett Law Firm has handled thousands of cases all over New York State. We have extensive experience to help us inform, predict, and handle your case smoothly. Our traffic defense lawyers handle nearly all tickets pending in most of the courts and counties below:

Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates counties.

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse

 
Google+ Review

I was entirely satisfied with the representation I received from Azria and Bruffett. In May 2018, I received two tickets for failing to stop adequately at a stop sign (the officer said it was a "rolling stop") and failure to signal more than 100 ft. before a turn. I had never had a moving violation in 20+ years of driving, and I was now suddenly facing 5 points and the possibility of a hefty fine! Azria and Bruffett were able to get the charges reduced to a non-moving violation with no points and a minimal fine. Based on my experience, I would recommend them to someone who is concerned about avoiding points and black marks on their driving record.

Christopher Noble posted to Google+
Google+ Review

Had 2 tickets that he helped get rid of the points added onto my license. Very helpful and friendly about answering questions on the process. He went in place for me in court and defended. All I had to do was email him information over email (and pay of course).

Would recommend to anyone

Seth Azria was recommended to me by a friend. I can't say enough about how well I was treated, his responsiveness, and how my case was handled. My first call to him was on 12/22/14 and we met the same day. My first and last date in court was 1/15/15. The outcome was better than I ever expected it could be and would recommend him to anyone.

anonymous posted to Avvo
Attorney for client on Long Island

Mr. Bruffett was very extremely knowledgeable about handling my speeding ticket. I did not know whom he was, he took my phone call personally and then had my ticket dismissed. The fact that he spoke with me personally made me feel very comfortable. His paralegal always handled my questions promptly and courteously. I couldn't be happier with Mr. Bruffett's handling of my ticket for me. I didn't have to appear in a court appearance which would have cost me a day's pay. So, I hope that if you find yourself in need of a traffic attorney.. this is your GUY!

Mary E. Rosenberg posted to Avvo

 

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