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NY Traffic Ticket Defense Articles

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

Traffic Law Basics 2 min read

What are Traffic Infractions as Opposed to Misdemeanors?

By Seth M. Azria, Esq.
Traffic Infractions and Traffic Misdemeanors in New York

1. Traffic Infractions are Not Crimes

"Traffic Infraction" is officially defined by the New York Vehicle and Traffic Law Section 155 as non-criminal. If you are charged with a traffic infraction—as opposed to a misdemeanor or a felony—it means that you do not have to appear in court and you may answer the ticket by mail. Your answer may be "guilty" or "not guilty."

Legal Warning:
Even though an infraction is not a crime, we strongly advise against pleading guilty without first seeking a reduction. Pleading guilty can result in heavy fines, points on your license, and increased insurance premiums.

2. A Misdemeanor is a Crime

A misdemeanor, on the other hand, is classified as a crime and generally requires a physical appearance in court for an arraignment. Misdemeanors also carry increased fines, harsher penalties, and the potential for a permanent criminal record.

The most common misdemeanor traffic ticket in New York is Aggravated Unlicensed Operation (AUO). For our clients facing misdemeanor charges, we always try to appear in court on their behalf and otherwise make the legal process as easy as possible.

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Atty Azria explained my real situation and my real choices to me with regard to a moving violation charge in central new york. He then worked to reduce the charges to a no-point non-moving violation. I am extremely happy with these results and would very strongly recommend his firm to everyone.

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Azria & Bruffett did a very professional and effective job of dealing with my (out of state) speeding ticket in upstate NY. I was going 75 in a 65 which means multiple points along with a hefty fine. Ralph Habib was able to reduce the magnitude of my ticket down to a no points, non-moving violation. The paralegal Monica coordinated all of the communications and made it a very easy process for me. Fees were reasonable and competitive with other firms I shopped around at. I would recommend them to anyone else facing ticket issues as well.

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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.

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I worked with Mr. Azria for a speeding tickets that we got close to the Canadian border while in NY state (+25 miles vs speed limit). 
The process went very smoothly and his professionalism saved me a lot of money and also a lots of point on my driving record. 
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A happy Ohio motorist.

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