Traffic Violation Reduction

Traffic Violation Reduction: Determinable Factors

Receiving a traffic violation occurs more regularly than one might think. In fact, according to the New York State DMV-Reportable Traffic Ticket Convictions, over 3.7 million tickets were issued in New York State alone in 2017 (the most recent year’s available data). However, many people might not be aware that they may be able to dispute a traffic violation if issued.

Typically, an attorney is hired to either challenge or get a ticket reduced. If a reduction is sought, an attorney will construct a reduction request to the Assistant District Attorney assigned to an individual’s case. This letter offers an overview of the occurrence as well as a rationale for why the violation should be reduced.

There are several relevant factors that may be considered in determining a traffic violation reduction. A few of these factors are outlined below.

Prior Record on Driver’s Abstract

The consideration of an individual’s driver’s abstract is a necessary component to any reduction request submittal. A prior record is given considerable weight because it allows an assessor to view the history of an individual’s driving. For example, an A.D.A. may be more lenient towards reducing the violation of a first-time offender versus someone who has received repeated violations and has been unable to develop safer driving habits.

Circumstantial Evidence

Though circumstantial evidence may not be weighed as heavily as the tangibility of a violator’s driving history, an assessor will still be interested in hearing what an individual has to say regarding their perspective surrounding the circumstance. Were you speeding to the hospital because your loved one had gone into labor? Had you accidentally cut someone off because you failed to see them in the blind spot of your side mirror? Whatever your perspective may be, it may offer an assessor some context as they determine the validity of your claim.

Remedial Actions

Taking and displaying the initiative to repair damage, whether physical or behavioral, will exhibit an individual’s responsibility in ameliorating any wrongdoing. For example, if a vehicle is found to be un-inspected or unregistered at the time of ticketing, the violator should take the steps necessary to reinspect or register their vehicle. Additionally, one may take a state-approved Defensive Driving Course to display their seriousness in improving their driving ability. Though an assessor may require this as a condition for a reduction anyway, preemptive action showcases remorse for the matter at hand.

If you receive a traffic violation, requesting a reduction may be worth pursuing. Reducing the number of points you receive from a particular violation will likely reduce your fine and may also reduce your insurance rates. The points listed above are just a few of several factors that may be considered in determining a violation reduction. However, this list is not exhaustive. One should consult with an attorney in order to present a persuasive case for reduction most accurately and in accordance with an individual’s specific case.

If you are seeking counsel regarding a traffic ticket you have received, please contact our office at (518)-899-9200 to see how we can help you.

This article is intended to be educational and is not intended to be legal advice, which can only be given after an attorney-client relationship is established.