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Consequences of Disobeying a Traffic Control Device in NY

Consequences of Disobeying a Traffic Control Device in NY

When driving on the bustling streets of New York, adhering to traffic rules is paramount for ensuring safety and maintaining order. Among these rules, obeying traffic control devices is critical. The Law Office of Craig Bondy, with years of experience in traffic law, is here to guide you through what it means to disobey a traffic control device in New York, the potential consequences, and how you can navigate this situation.

Understanding Traffic Control Devices

Consequences of Disobeying a Traffic Control Device in NY

Traffic control devices are signs, signals, and pavement markings that guide and regulate traffic flow. These devices are crucial for maintaining road safety and include stop signs, yield signs, traffic lights, lane markings, and more. Disobeying these signs can lead to dangerous situations, and as such, New York takes violations seriously.

The Legal Perspective

Under New York’s Vehicle and Traffic Law (VTL) Section 1110(a), drivers are required to obey all traffic control devices unless directed otherwise by a law enforcement officer. Failure to comply can result in a traffic ticket, with penalties that may include fines, points on your driving record, and potential insurance premium increases.

Consequences of a Traffic Control Device Violation in New York

Disobeying a traffic control device in New York is considered a moving violation, and it carries a range of potential consequences that can affect various aspects of a driver’s life. Understanding these consequences is crucial for any motorist, and the Law Office of Craig Bondy is committed to providing comprehensive insights to help you navigate this situation.

Fines

The immediate consequence of a traffic control device violation is a monetary fine. The amount can vary depending on the specific jurisdiction and the severity of the violation. Typically, the fines for a first offense range between $50 and $150.

It’s important to note that paying the fine is considered an admission of guilt, and it will result in the violation being added to your driving record.

Points on Your Driving Record

In addition to fines, a conviction will add two points to your New York State driving record. While this may not seem like a lot, points can accumulate quickly with subsequent violations, leading to more severe consequences.

Accumulating 6 or more points within an 18-month period will result in a Driver Responsibility Assessment Fee, which is an additional fine paid to the DMV. This fee starts at $100 per year for three years, and increases by $25 per year for each point above six.

Potential for License Suspension

For drivers with a clean record, a single violation may not result in immediate license suspension. However, if you accumulate 11 or more points within an 18-month period, your license may be suspended.
New drivers with a probationary license, junior license, or learner permit face stricter consequences, and even a single traffic violation could lead to a suspension.

Increased Insurance Premiums

Insurance companies take traffic violations seriously as they can be indicative of risky driving behavior. A conviction for disobeying a traffic control device can lead to an increase in your auto insurance premiums.

The exact increase will depend on your overall driving record and the policies of your insurance provider, but it can be substantial and last for several years.

Impact on Employment

For individuals who rely on a clean driving record for employment, such as commercial drivers or those in the transportation industry, a violation for disobeying a traffic control device can have significant professional ramifications.

Employers may view traffic violations negatively, potentially leading to job loss or difficulty in securing future employment in the same field.

Court Appearances

Depending on the jurisdiction, you may be required to appear in court to answer to the charge. This can be time-consuming and, if you’re found guilty, it can add court costs to your list of expenses.

Potential for Increased Penalties with Subsequent Violations

If you are convicted of disobeying a traffic control device and then commit subsequent violations, the penalties for those future violations could be increased based on your prior conviction.

Navigating the Consequences

Facing the consequences of a traffic control device violation can be daunting, but you do not have to do it alone. The Law Office of Craig Bondy has extensive experience in traffic law and is dedicated to helping drivers understand their rights and options. Our skilled traffic attorneys can provide guidance, assist in building a strong defense, and work tirelessly to achieve the best possible outcome in your case. Contact us today to discuss your situation and take the first step towards protecting your driving privileges.

Defending Your Case: Strategies to Contest a Traffic Control Device Violation

Receiving a ticket for disobeying a traffic control device in New York can be overwhelming, but it’s important to remember that you have the right to defend yourself and challenge the citation. The Law Office of Craig Bondy specializes in traffic law and has a wealth of experience helping clients navigate these complex situations. Below, we outline various strategies and considerations that could be pivotal in defending your case:

1. Challenge the Clarity and Visibility of the Traffic Control Device

Obstruction

If trees, signs, or other obstructions hindered the visibility of the traffic control device, this could serve as a strong defense.

Wear and Tear

Traffic signs and signals are exposed to the elements, and over time, they can become worn, faded, or damaged. If the device was not in good condition, it might not have provided a clear directive.

2. Examine the Specific Circumstances of the Violation

Emergency Situations: If you were responding to an emergency or there were extenuating circumstances that necessitated disobeying the traffic control device, these factors should be brought to the attention of the court.

Lack of Alternatives

Sometimes, road conditions, traffic, or other factors may leave a driver with no safe alternative but to disobey a traffic control device. Documenting these conditions can be crucial for your defense.

3. Assess the Calibration and Maintenance of Traffic Lights (if applicable)

Traffic lights are mechanical devices that require regular maintenance and calibration. If there is evidence to suggest that the traffic light was not functioning correctly, it could invalidate the ticket.

4. Question the Officer’s Observation and Evidence:

Line of Sight

Was the officer in a position to clearly see the alleged violation? Questioning the

officer’s vantage point can create doubt about the accuracy of their observation.

Consistency of the Officer’s Testimony

If there are inconsistencies in the officer’s account of the events, highlighting these discrepancies can undermine the credibility of their testimony.

5. Utilize Witness Testimonies

If there were passengers in your vehicle or other witnesses who can corroborate your version of events, their testimonies can be invaluable in building a strong defense.

6. Present Photographic or Video Evidence

Pictures of the traffic control device, its surroundings, and any obstructions can provide visual context to support your defense. If there are surveillance cameras in the vicinity, their footage might also be used as evidence.

7. Hire a Traffic Law Expert

An attorney specializing in traffic law, such as the team at the Law Office of Craig Bondy, can provide invaluable assistance. They can help gather evidence, prepare your defense, and represent you in court, increasing your chances of a favorable outcome.

8. Negotiate for a Lesser Charge

In some cases, it might be possible to negotiate with the prosecutor for a reduction of the charges, which could result in lower fines and fewer points on your driving record.

9. Engage in a Traffic School or Defensive Driving Course

Completing a defensive driving course can sometimes be used as a bargaining tool to reduce the penalties associated with a traffic violation.

Don’t Let a Traffic Ticket Set You Back: Contact the Law Office of Craig Bondy Now

Facing a traffic ticket in New York can be daunting, but you have the power to fight back with the right legal team by your side. The Law Office of Craig Bondy specializes in traffic law, offering expert guidance and robust defense strategies to protect your driving privileges.

Take control of your future and protect your driving record by reaching out to us today. Our experienced attorneys are ready to review your case, provide a clear path forward, and fight for the best possible outcome.


FAQS

Is it worth fighting a traffic control device ticket?

Absolutely. There are various defense strategies that can be employed to challenge the ticket, potentially resulting in reduced charges, lesser penalties, or even dismissal of the ticket.

How can an attorney help in my traffic control device violation case?

An attorney can help by reviewing the evidence, challenging the officer’s observations, negotiating with prosecutors, and representing you in court to ensure your rights are protected.

What happens if I accumulate too many points on my driving record?

Accumulating 11 or more points within an 18-month period can lead to license suspension. Additionally, accruing 6 or more points within 18 months requires you to pay a Driver Responsibility Assessment Fee.

Can I attend traffic school to reduce the points on my record?

Yes, New York offers a Point and Insurance Reduction Program (PIRP) which can reduce up to four points on your driving record and provide a 10% reduction in your auto insurance premiums for three years.

How long will a traffic control device violation stay on my driving record?

The violation will remain on your driving record for four years from the date of the offense. However, the points associated with the violation will only count toward license suspension for 18 months.

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