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.

Speeding Violation Reduced

I incurred a speeding ticket in Syracuse while taking my nephews to Lacrosse Camp. I am from out of town and unknowingly went through a speed trap. I contacted Azria Law Firm once I returned home. They were extremely professional, courteous and prompt with all information, explanations of the legal procedure and with answers to all of my questions. It has been just over 30 days and my violation and fine have been reduced. I am very pleased and recommend the firm highly. They are reasonably priced and successfully resolved my case. In my profession, I work with lawyers all the time. I wish they were all as communicative and diligent as Seth and his staff.

Elizabeth posted to Avvo
Hire Seth!!

I received a speeding ticket in upstate New York (30 mph above speed limit) - this was a 6 point hike on my insurance + fines up to $385. I hired Seth over the phone (I live out-of-state), paid my fees, and crossed my fingers. Wow. My case was resolved in around a month to 0 points and a fine of $135. 100% of my communication after our initial call was over e-mail.

A Speeding Ticket Client posted to Avvo
Google Review

I had a great experience with them, I drive for a living and got a bad speeding ticket . They took care of it for me. 6 points to 0 would recommend them to anyone

Google+ Review

I am satisfied with the outcome. I must say that Azria & Bruffett Law Firm help, support and guidance was very professional as well! I highly recommend Azria & Bruffett Law Firm , if you have any traffic speeding tickets in the NY state. I found his services remarkable. They delivered as promised. Thanks