I cannot tell you the number of times that I have heard people say that rather than hiring an attorney, fighting a speeding ticket issued to them or seeking a plea deal “because it was not worth their time or money,” people have just plead guilty and then faced licensing sanctions. In New York State, the Department of Motor Vehicles keeps track of convictions to speeding tickets and other moving violations. The consequences are greater than just the Court fine. This article discusses some of those consequences.
When you are charged and plead guilty to speeding or virtually to any other moving violation, a guilty plea not only garners you a fine and likely a mandatory surcharge from the Court where the ticket is returnable, but also points on your license. These points can have significant impact on your licensing and any further civil penalties that you are required to pay the state for the privilege of continuing to drive in New York. For instance, a speeding ticket that is 1 mph over the speed limit is a 3-point offense with the Department of Motor Vehicles. A speeding ticket 11 mph over the speed limit is a 4-point offense. A speeding ticket that is 21 mph over the speed limit is a 6-point offense. We routinely speak to clients who are alleged to have been driving these speeds all the time, especially on the wide-open interstates and the Northway in Upstate New York.
Another common ticket is communicating on a mobile phone while operating a vehicle without a hands-free device, which is a 5-point violation.
These points are counted for purposes of driver licensing and ability to continue operating a vehicle in the State of New York. If you receive six points on your license in 18 months, you will receive, in addition to any Court fine and surcharge, the Driver Responsibility Assessment—a civil penalty through the New York State Department of Motor Vehicles. Six points in 18 months will cost you $100.00 per year for 3 years as a civil penalty. Any point on top of 6 in that same 18 months will cost you an additional $25.00 per year for 3 years on top of the Court fines and surcharges and the $100.00 per year for three years to the Department of Motor Vehicles. If you obtain 11 points in 18 months, you will be suspended and off the road for 6 months. Similarly, 3 speeding tickets in 18 months is an automatic suspension of your driver’s license for 6 months. These penalties are simply for those regular Class D drivers; penalties can be even more substantial and significant for those who are junior drivers, new drivers or hold a commercial driver’s license commonly known as a “CDL.”
Additionally, as you might imagine, insurance companies also keep an eye on your points. Needless to say, your insurance rates will rise as the number of convictions to moving violations and speeding tickets you have increases, as well.
And, if a defendant were to have had multiple convictions for Driving While Intoxicated or Driving While Ability Impaired, points can play a role in your ability to ever obtain a license in the future. Lifetime points are counted in this aspect as a serious driving offense (SDO). If you garner enough lifetime points, this can also keep you off the road, potentially for good.
It is extremely important to seek legal counsel in the event that you obtain speeding tickets or other traffic tickets in the State of New York to determine what penalties you face with the Court, as well as your ability to operate in the future and any lasting effects.
Information about Traffic Cases
Options for Responding to a Traffic Ticket
Criminal Jurisdiction
Justices of the Peace have original jurisdiction in criminal cases punishable by fine only, or punishable by a fine and a
sanction not consisting of confinement or imprisonment.
Criminal procedures for cases that are within the criminal jurisdiction of the Harris County Justice Courts are found in Chapter 45 of the Texas Code of Criminal Procedure.
The Rules of Evidence governing the trials of criminal actions in the District Courts apply to a criminal
proceeding in the Justice Courts.
The Harris County District Attorney prosecutes traffic cases filed in the Harris County Justice Courts.
The Harris County Justices of the Peace have promulgated Local Rules. You may view the Local Rules at each Justice Court.
Rights of Defendants
If you are accused of an offense within the jurisdiction of the Justice Court, you have certain rights.
You have the right to see the complaint or citation that has been filed with the court.
You have the right to a trial by jury, but you may waive the right to a trial by jury and be tried by the court.
You have the right to be represented by an attorney of your choice. You are not required to be represented by an attorney. An attorney may make an appearance on your behalf.
You have the right to remain silent and not to give evidence against yourself. You may waive this right and discuss your case with a prosecutor in an effort to dispose of your case without trial.
First Appearance in Court
Your traffic citation or summons
will specify a date and time on which you are required to appear in court. You may comply with a written promise to appear in court by an appearance by counsel. Tex. Transportation Code §543.009
At the time of your first appearance, you will be identified as the defendant, and you will be asked how you plead to the offense with which you are charged.
Pleas are "not guilty," "guilty," or "no contest."
If you plead not guilty, your case will be set for trial. You may waive your right to a trial by jury and have the case heard by the court. At your request, the court will subpoena a witness on your behalf, but you must furnish the court with the name, address, and telephone number of each
witness prior to trial. You may be required to attend a pre-trial conference.
If you refuse to enter a plea, the court will enter a plea of not guilty for you, and your case will be set for a jury trial unless you waive that right.
If you plead guilty or no contest, the court will find you guilty and assess a fine as punishment. A plea of
no contest has the same result as a plea of guilty, but it may not be used against you in any civil proceeding that might arise from the incident leading to your arrest.
If you are pleading guilty or no contest, you may present any evidence or documents to the court in connection with the offense and you may explain any mitigating circumstances that may affect punishment.
If you are unsure about how to plead, do not hesitate to enter a plea of not guilty.
The court may be required to provide you certain notices, and it is your responsibility to notify the court of any change of address.
Discovery
You may request documents and evidence in your case from the State by following the
discovery procedures set out in Art. 39.14 of the Texas Code of Criminal Procedure. ("Discovery" is the process by which the defendant may request evidence related to the case from the State.)
If You Do Not Want To Appear In Court
Pay the
Acceptable Fine Online
For most offenses for which a citation has been issued, fines can be paid online by using the Harris County Justice of the Peace Courts' website. Online payments may be made until 11:00 p.m. on the appearance date shown on your ticket. Unless a warrant has been issued ordering your arrest, an online payment may also be made after your appearance date until at least five (5)
business days before a scheduled trial date.
Pay the Acceptable Fine in Person or by Mail
If you do not want to appear in court, you have the option of paying your fine by mail or by paying in person at the Justice Court as directed on your citation or summons. Before the time you must appear in court, mail or bring to the court a
Traffic Citation Reply Form together with your payment of the acceptable fine. The acceptable fine amount will include the court costs for the offense with which you are charged.
If you are paying by mail, you must pay by cashier's check or money order, payable to the Harris County Justice Court. If you are paying in person, you may pay your
fine in cash, by cashier's check or money order, or by credit card.
Payment of the acceptable fine constitutes a finding of guilt in open court as though you had entered a plea of no contest.
Enter a Plea of Not Guilty by Mail
Before the time you must
appear in court, you may mail or bring to the court a plea of not guilty using the Traffic Citation Reply Form. The court will set your case for a jury trial. If you notify the court that you waive your right to a jury trial, your case will be set for a trial by the court. You may be required to attend a pre-trial conference.
More Options for Responding to Traffic Cases >>
General Information
This information is furnished to you to provide basic information relative to the law governing procedures for traffic cases in the Harris County Justice Courts.
The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.
You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself.
Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.