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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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As mentioned in many of the other reviews. Seth and Monica spelled out what should happen and it did. Ticket for my daughter from our of state was reduced to nonmoving violation. She was visiting colleges in NY, as she only has her permit a moving violation would have resulted in, a loss of her license for 3 months, driving school, and fines etc... 
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I contacted Azria Law Office after receiving a speed ticket (+24 mph). Pleading guilty would automatically assign me 6 points + fines to the court, and fines to DMV for 3 years. In addition, my insurance premium would increase. Azria Law Office handled my case in a very professional manner. The charges for the law office is also reasonable. Afterwards my case was converted to no point and a fine below $150. I am much relieved now!

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