Legal Question in Traffic Law in New York

I received a moving violation in NY -- VTL 1180 OB Speeding 82/55. I sent a letter to the Town Prosecutor's office in the Town of Newburgh. I asked for a reduction in the charges to a charge with no points. I said that I would be willing to pay any fine that the court assessed. I just received a response with a charge of VTL 1110(a) Failure to Obey a Traffic Control Device. This charge is 2 points on my license. There has been no determination of the fine.

My question is three-fold. One -- should I accept this reduction or do you think I should continue to negotiate? Two -- how can I find out what the maximum fine and assessment is? Three -- will my insurance company also assess me for this infraction on my license?

Thank you!


Asked on 8/12/10, 10:39 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, the offer is a very good one and you can take the defensive driving course and remove the points, if your license is clean accept for these points, you have nothing to worry about.

Second, you state you want to keep negotiating. What leverage or bargaining chip do you possess that you think will get a prosecutor to reduce the charge lower? Unless you are an attorney or have some trial skills, you are not going to conduct a trial and get an acquittal, so the prosecutor has no reason to feel that you can get anything better than what he is offering.

Third, there are maximum fines but on a plea bargain, that is going out the window. Wait to see what the judge applies to the case plus the New York State surcharge.

Good Luck,

Joel R. Salinger

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Answered on 8/17/10, 12:46 pm


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