What To Do After Getting a Moving Violation from the NYPD (and Whether You Should Get a Lawyer to Fight It)

Sep 27

You’re driving through New York City, maybe running late to a meeting, heading to brunch, or just navigating the endless maze of traffic when—bam!—the flashing lights of the NYPD appear in your rearview mirror. You get pulled over, and before you know it, you’re handed a ticket for a moving violation. Maybe it’s speeding, running a red light, or failing to yield. Whatever the reason, getting a ticket in NYC is never fun, and it can come with serious consequences like hefty fines, points on your license, and higher insurance premiums.

But now that you’ve got the ticket, what should you do next? Should you pay it and move on with your life, or fight it in court? And, more importantly, is it worth getting a lawyer involved to help you fight the ticket?

Here’s a step-by-step guide to navigating what comes next, and the pros and cons of having a lawyer by your side.

Step 1: Understand the Ticket You Received

First things first—take a close look at your ticket. New York has different types of moving violations, each with varying penalties. Common offenses include:

Speeding
Running a red light
Failure to stop at a stop sign
Failure to yield to a pedestrian
Improper lane changes

Each violation comes with a fine and can add points to your driving record. And in NYC, racking up points can lead to higher insurance rates or even the suspension of your driver’s license. So, it’s important to know exactly what violation you’re being charged with and how it could impact you.

Step 2: Consider Your Options

Once you’ve read through your ticket, you have two main options:

1. Pay the Ticket

If you accept the ticket and just want to move on, you can pay the fine online, by mail, or in person. However, keep in mind that paying the ticket is essentially pleading guilty. That means the violation will go on your driving record, and you’ll get the points that come with it.

2. Fight the Ticket

If you think the ticket was unfair, or if you want to avoid the points and the impact on your insurance, you can contest the ticket in court. But keep in mind, contesting the ticket is more than just showing up and saying you disagree with the officer. You’ll need a solid argument to beat it.

Step 3: Weigh the Consequences

Before deciding whether to pay or fight the ticket, think about the consequences. In New York, points on your license can really add up. Here’s a quick breakdown:

3 points: Minor violations, like speeding 1–10 mph over the limit.
6 points: More serious offenses, like speeding 21–30 mph over the limit or ignoring a stop sign.
11 points in 18 months: License suspension.

On top of that, insurance companies are quick to hike up your rates if you have a few violations on your record. One moving violation might not break the bank, but multiple tickets can lead to a significant increase in your premium. That’s why a lot of New Yorkers consider fighting the ticket—even if it’s just to avoid the points.

Step 4: Should You Hire a Lawyer or DIY it?

Now that you’ve decided you might want to fight the ticket, you’re probably asking yourself: “Do I really need a lawyer for this?” Let’s break down the pros and cons of hiring a lawyer to help you fight your moving violation.

Pros of Hiring a Lawyer to Fight a Ticket

1. Knowledge of the System

New York’s traffic court system is complex, and if you’re not familiar with how it works, you might feel like you’re in over your head. A lawyer who specializes in traffic law knows the ins and outs of the system. They know the technicalities, the legal loopholes, and the right strategies to use in court to get your ticket dismissed or reduced.

2. Increased Chances of Success

If you show up to court on your own, it’s often your word against the officer’s. The odds aren’t usually in your favor if you don’t know how to navigate the legal jargon or how to challenge the evidence. A lawyer can poke holes in the officer’s testimony, question whether the radar gun was calibrated correctly, or challenge the accuracy of the ticket. In short, they’re more likely to get a favorable outcome than if you represent yourself.

3. Time-Saving

Going to traffic court can be a time-consuming process. Between filing the paperwork, preparing your defense, and appearing in court (possibly multiple times), fighting a ticket can eat up a lot of your day. Hiring a lawyer means they handle all the paperwork and court appearances for you, so you can focus on your work and social life instead of dealing with the court system.

4. Potential to Reduce Points or Dismiss the Ticket

Even if your lawyer can’t get the ticket completely dismissed, they might be able to negotiate a reduced charge that carries fewer points. Less points on your license means less chance of a suspension and less of an impact on your insurance rates.

Considering DIY Defenses (If You Don’t Hire a Lawyer)

If you decide against hiring a lawyer, you can still fight the ticket on your own. Here are a few defense strategies you can consider:

Challenge the Officer’s Observation: If the violation was based on the officer’s judgment (like failing to yield), you can argue that their view of the situation wasn’t accurate. For example, you might argue that you did stop, but the officer’s view was obstructed.
Dispute the Radar Gun: If you were ticketed for speeding, you could argue that the radar gun wasn’t calibrated correctly, or that it was malfunctioning.
Document Your Own Evidence: Take photos or videos of the area where you were pulled over. If you believe a sign was obscured or the road markings were unclear, this evidence can help your case.
Plea for a Reduction: In some cases, you might be able to negotiate a plea deal with the prosecutor. This could result in reduced points or a lesser fine, even if the ticket isn’t dismissed.

Step 6: Decide What’s Right for You

Ultimately, the decision to hire a lawyer comes down to the severity of the ticket, your driving record, and how much time and effort you’re willing to invest in fighting it. If the ticket is going to add significant points to your license or raise your insurance rates, hiring a lawyer might be worth the investment. But if it’s a minor violation and you’re willing to take the hit, paying the ticket could be the simpler option.

Conclusion: To Lawyer Up or Not?

Getting a moving violation in New York City is frustrating, but it doesn’t have to derail your life. Whether you decide to pay the ticket, fight it on your own, or hire a lawyer to help, the important thing is knowing your options and understanding the consequences.

If you’re facing a hefty fine or potential points that could impact your driving privileges, consulting with a lawyer—like Cate—could save you time, money, and future headaches. So, before you sign on the dotted line and admit guilt, take a moment to weigh your options and protect your driving record.