One of the questions we get from clients quite often is whether an error on the ticket will lead to a dismissal. Plain and simple, getting a speeding ticket can cause a lot of unneeded anxiety, pain and headache. Trying to get out of paying the fines, surcharges and increased insurance premiums is everyone’s first objective. Many times our potential clients believe that just because the officer misspelled the address or wrote the license plate wrong on the ticket means that the case will be dismissed.
Although dismissals may be granted in some cases, the vast majority of facial errors on a ticket will not lead to a dismissal.
Errors that could lead to a dismissal
- Date the ticket was given
- Wrong VTL section
- Insufficient information on the Supporting Deposition (non-TVB only)
Errors that don’t matter
- Car color
- Vehicle type/model
- License plate number
- Address / location
If you think that your case will be dismissed do not make the mistake of not showing up to court or consulting with an attorney about your case. If you fail to respond your license will be suspended and you could get charged with a crime if you are caught driving while suspended.
A police officer who pulls you over is just looking to charge you with a violation. The police officer many times does not know how much the fines and fees are and if there are points associated with the ticket. The court handling your case is in charge of applying the law to your case.
Remember that the police officer’s job is to issue you a ticket and appear as a witness against you in court. The officer is not your friend and is not going to help you fight your case. After you are charged with a violation the majority of police officers just want to move on with their day and avoid any confrontation on the side of the road. Do not rely on what the officer tells you after he/she has pulled you over on the side of the road because many times that information can be incorrect and there is nothing else you can do about that other than researching your options through an attorney.
There is plenty of misinformation out there that may be supplied by a friend or may be something you may read on the internet. Contacting a licensed attorney in New York will mean that you are talking to a professional that knows the law and the penalties with respect to your case. One mistake on your traffic ticket usually does not mean your case will be dismissed. If you have received a notice to be in court (in most cases on the ticket itself) that means that you have likely been properly identified.
One of the other common mistakes by drivers that get a traffic ticket in New York is believing that since they are from another state or Canada the ticket will not affect them. The Driver’s License Compact is an agreement made between 45 out of the 50 states in which each state has agreed to share traffic violations with one another. This means that your home state may find out about the traffic violation in New York and apply points against your license.
If you have been issued a traffic ticket in New York, call The Rosenblum Law Firm today for a free consultation about your case. We can help you fight your ticket and explain to you how your traffic ticket will affect your driving privileges and how much the penalties will cost. In many cases in New York there are separate fines and surcharges that may apply to your case.