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How does a typical traffic ticket case proceed?

by Seth Azria on 2/27/2010

Absent a trial, the process described below applies to the vast majority of traffic violations including tickets issued for speeding, cell phone use, failure to use seat belts, running a stop sign or red light, etc. 

1. Sending the Letter of Representation to the Traffic Court

First, we send a letter to inform the the court that we represent you and to enter a plea of not guilty on your behalf. We will also adjourn your case to later date to give us the opportunity to negotiate a reduction of your ticket. 

As a result, the court date printed on the ticket is no longer applicable. Thereafter, court dates are "control dates," meaning that those are dates by which we are to report to the court regarding the progress in the case. We keep track of the dates internally and ask the court for more time as needed. 

For most traffic violations, you will not have to appear in court or send in a not guilty plea yourself.  If you are charged with a misdemeanorAggravated Unlicensed Operation for example, you will have to appear in court and we will advise you of the date, time, and what to expect at that appearance.

2. Negotiating a Reduction with the District Attorney's Office

The next step is to negotiate a reduction or dismissal with the prosecutor.  We may do so in person or by letter depending on the circumstances. These negotiations result in a proposed disposition for your ticket. Once contacted, a prosecutor may take 4-8 weeks, or more, to respond to the request. 

To help us formulate an argument on your behalf, we will ask you questions, via email, about the circumstances of your ticket and about you personally. Your answers are important. 

We will also need a copy of your driving record.  For clients licensed to drive in New York State, we will pull the driving record for you. For clients licensed to drive in another state or in a province of Canada will ask you to contact that department of motor vehicles for a copy. Most states, Québec, and Ontario offer this service online and we will include a link with our email requesting your record. 

3. Informing You and Gaining Your Consent to the Proposed Disposition

After we have a proposed reduction for your case, we will explain to you the reduction and the consequences of pleading guilty to the reduced charge. Often we use email for this purpose and allow you to consent via email. 

We also have clients stop into the office or use regular mail depending on the circumstances. 

4. Sending the Proposed Disposition to the Court

Once you have consented to the proposed disposition, we will send it to the court. These dispositions are "proposed" because the court must accept it in order for you to gain the benefit of the reduction.  

Most often, courts will go along with the deal we have worked out with prosecutor and then send a fine or dismissal notice to our office. 

Occasionally, a court will reject the proposed disposition. If this happens, we will negotiate a new disposition or otherwise reach an acceptable outcome without any further charge to you. 

5. Sending You the Fine or Dismissal Notice

Typically, we will both email and mail the fine notice to ensure that you receive it. It will be your responsibility to pay the fine according to the court's instructions. Courts typically allow 2-4 weeks for payment of the fines. In the normal course fo business, we do not make fine payments for clients. 

The entire process usually takes about 2-5 months and we send regular email updates.  And, of course, we are always here to answer any questions or concerns you may have in the meantime.We are dedicated to prompt client communication and chances are great that you will speak to an attorney immediately. Please be advised that legal fees for traffic matters are due up front and we will not enter an appearance with a court until the legal fee is paid.  Court fines are not included in the legal fee.

If you have one speeding ticket or cell phone ticket you may hire us online. Otherwise, we look forward to hearing from you. 

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

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beyond happy with turn out working with them, would recommend them to anyone

Google+ Review

Once again David Bruffett was able to help my husband with a speeding ticket. He was able to reduce his 2 point speeding ticket to ZERO points/ min moving violation. This was important since he had gotten a speeding ticket on The NYS Thruway a couple years ago & Azria & Bruffett Law Firm handle everything for us and kept us informed by email so that We did not have to travel back to Albany from our home in Rochester. And again just recently when my husband got yet another speeding ticket in our home town, Mr. Bruffett was able to help us and again secure his ticket with with zero points/min moving violation. The staff is also very helpful whenever I called with questions, namely Shannon. I highly recommend Azria & Bruffett,

Yelp Review

As a a 60 year old physician I am semi-retired and my wife and I travel the country to do work in my specialty at places that are shorthanded. Since I only work about 1/3 of the year we have time to drive to these places. Recently I was stopped on a highway in NY. I haven't had a speeding ticket since I was in my twenties. The officer said I was doing 81 in a 65 MPH zone (my reading 76 while trying to pass a slow moving vehicle with a line of cars behind me trying to get by me as well). I read the reviews and chose Attorney Azria.

The office staff was pleasant and efficient, and put me right through to Attorney Azria. He explained the process with perfect clarity and went to work. Although he explained the process could take 4-6 weeks he resolved the issue in 10 days, reducing the violation to a non-moving violation with a small fee and no points. His price was more than fair.

I've been lucky enough as a physician to have never been sued but doctors by nature do not have an affinity for lawyers. However, if you find yourself in need of one, it is hard to imagine someone better at their job than Attorney Azria. Thank you sir. If I could give you 6 stars out of 5 I would.

Norman D. Miller, MD posted to Yelp

Norm M.
Google Review

Was completely honest about how to properly deal with a ticket. Was extremely helpful and gave me great details. Will use again in the future.