Seth Azria Logo

NY Traffic Ticket Defense Articles

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

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.

Tremendous Help!

I received a speeding ticket and he provided expert advice! I highly recommend him!

Eric posted to Avvo
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.

A client posted to Avvo
Clear Communications and Results

I contacted Azria & Bruffett to handle my traffic ticket after an accident in upstate New York. I found them via a random Google search and appreciated the clarity of the information presented on their website and in initial communications. Throughout the entire process they were extremely clear and helpful. My case got a little complicated for random reasons, and they went beyond their initial scope to pursue the case on my behalf. I really appreciate their work.

Google Review

Very pleased with Mr. Azria Responsiveness and care for me as his client if I had any questions They were answered in 30 minutes or less highly recommend anyone who needs help with their situation. He’s there for you.