Seth Azria Logo

NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

Plea Bargaining and Fines for Common Reductions

by Seth Azria on 6/11/2018
Plea Bargaining 4 min read

Plea Bargaining and Fines for Common Reductions

By Seth M. Azria, Esq.

The overwhelming majority of traffic tickets that drivers do not plead guilty to are resolved through plea bargaining. Plea bargaining occurs when the prosecutor makes an offer to the driver to plead guilty to a reduced charge.

The reason the prosecutor makes these offers is to resolve the case. Otherwise, the prosecutors would have to have a trial for every ticket. The prosecutor also seeks to serve the interests of justice. The amount of the reduction is a matter for argument. For example, a driver is charged with speeding 84 mph in a 65 zone. The prosecutor may offer a plea to a parking violation in satisfaction of the original ticket.

1. Prosecutors are Empowered to Change the Charge

Some clients have mentioned that it is odd to plead to a parking violation when they were charged with speeding. However, this is commonplace, as prosecutors have the authority to change any traffic ticket issued by the police to any other charge or dismiss it entirely.

But Judges Have to Approve the Deal:
The prosecutor’s power to alter charges is subject to the judge’s approval. While the judge is prohibited from engaging in plea bargaining, they may refuse to accept a deal offered by the prosecutor. This happens more often than we wish it would.

Bargaining and presenting a case to the prosecutor in a way calculated to ensure the largest reduction—and then convincing a reluctant judge to accept it—is what we, as your lawyers, are obligated to do for you.

2. Common Reductions to Zero Points

Many clients are concerned primarily with avoiding points and would rather pay more than take points. We agree. Some prosecutors offer two parking violations in satisfaction of one speeding ticket. Other times, we may ask for two parking violations instead of one point ticket. This allows the judge to impose a larger total fine because both the first and second offense are occurring at the same time.

Violation Code Description 1st Offense Fine (18 Mos.) 2nd Offense Fine (18 Mos.) 3rd Offense Fine (18 Mos.) State Surcharge
§1200(d) Failed to obey a parking sign $0 – $150 $0 – $300 $0 – $450 $25
§1201(a) Stopping or standing on pavement $0 – $150 $0 – $300 $0 – $450 $25
§1202(b)2 Stopping or standing on pavement $0 – $400 $0 – $600 $0 – $750 $25

3. Common Reductions to Two Points

Failure to obey a traffic control device is by far the most popular section that prosecutors use when they insist on the driver pleading to a charge with points. Section 1102 (Failed to comply with a lawful order of police/flag person) is also used frequently and has the exact same fine structure as §1110a.

Violation Code Description 1st Offense Fine (18 Mos.) 2nd Offense Fine (18 Mos.) 3rd Offense Fine (18 Mos.) State Surcharge
§1110a Failure to Obey a Traffic Control Device $0 – $150 $0 – $300 $0 – $450 $93 (Town/Village) or $88 (City)
§1102 Failed to comply with a lawful order $0 – $150 $0 – $300 $0 – $450 $93 (Town/Village) or $88 (City)

If you have any questions about the fine or reductions we invite your call. And please, do not plead guilty, always seek a reduction.

Free Consultations

Have a Traffic Ticket in NY?

Speak directly with Seth M. Azria, Esq. to get a fast, free evaluation of your case.

Google Review

I'm so glad I hired Mr. Azria and his team to address a traffic ticket. I live in Queens and could not travel upstate. Mr.Azria and his team communicated with me every step of the way and gained my trust.

Highly recommend!!

Seth is a good lawyer

Seth and his team helped me out with a speeding ticket I got in Cortland. He was professional and courteous. I spoke with him with-in a hour of leaving a message with his office. All future correspondence was via email, but he was available by phone. I worked with one of his staff members as well. My 31 mph over limit (6 pts) was reduced to non-speeding 2 pts fine. I highly recommend Seth and the Azria Law Firm.

Mary posted to Avvo
Drivers License Revocation

Recently I lost my drivers license due to receiving multiple tickets in a six month period. Along with that I had a misdemeanor and some other points on my license record. I had received a notice from dmv and was going to have to be without my drivers license for 2 years. I got in contact with Seth Azria at the Azria Law Office to see if there was anything at all I could do about my predicament. Seth Azria worked on my case and within a short amount of time I got a notice in the mail from dmv saying that the revocation order for my license has been rescinded. I would highly recommend the Azria law firm to anyone who is in need of legal assistance. Very easy to work with as well.

Nathan posted to Avvo
Google Review

Positive: Quality

Mr. Ariza was very cordial and made the process very easy. He was very responsive and knowledgeable. Will recommend him anyone. Thank you Mr. Ariza for a job well done. One of the best in the business.

Jacqueson Cilien posted to Google+