The overwhelming majority of traffic tickets that drivers do not plead guilty to are resolved through plea bargaining. Plea bargaining occurs when the prosecutor makes an offer to the driver to plead guilty to a reduced charge.
The reason the prosecutor makes these offers is to resolve the case. Otherwise, the prosecutors would have to have a trial for every ticket. The prosecutor also seeks to serve the interests of justice. The amount of the reduction is a matter for argument. For example, a driver is charged with speeding 84 mph in a 65 zone. The prosecutor may offer a plea to a parking violation in satisfaction of the original ticket.
1. Prosecutors are Empowered to Change the Charge
Some clients have mentioned that it is odd to plead to a parking violation when they were charged with speeding. However, this is commonplace, as prosecutors have the authority to change any traffic ticket issued by the police to any other charge or dismiss it entirely.
But Judges Have to Approve the Deal:
The prosecutor’s power to alter charges is subject to the judge’s approval. While the judge is prohibited from engaging in plea bargaining, they may refuse to accept a deal offered by the prosecutor. This happens more often than we wish it would.
Bargaining and presenting a case to the prosecutor in a way calculated to ensure the largest reduction—and then convincing a reluctant judge to accept it—is what we, as your lawyers, are obligated to do for you.
2. Common Reductions to Zero Points
Many clients are concerned primarily with avoiding points and would rather pay more than take points. We agree. Some prosecutors offer two parking violations in satisfaction of one speeding ticket. Other times, we may ask for two parking violations instead of one point ticket. This allows the judge to impose a larger total fine because both the first and second offense are occurring at the same time.
| Violation Code |
Description |
1st Offense Fine (18 Mos.) |
2nd Offense Fine (18 Mos.) |
3rd Offense Fine (18 Mos.) |
State Surcharge |
| §1200(d) |
Failed to obey a parking sign |
$0 – $150 |
$0 – $300 |
$0 – $450 |
$25 |
| §1201(a) |
Stopping or standing on pavement |
$0 – $150 |
$0 – $300 |
$0 – $450 |
$25 |
| §1202(b)2 |
Stopping or standing on pavement |
$0 – $400 |
$0 – $600 |
$0 – $750 |
$25 |
3. Common Reductions to Two Points
Failure to obey a traffic control device is by far the most popular section that prosecutors use when they insist on the driver pleading to a charge with points. Section 1102 (Failed to comply with a lawful order of police/flag person) is also used frequently and has the exact same fine structure as §1110a.
| Violation Code |
Description |
1st Offense Fine (18 Mos.) |
2nd Offense Fine (18 Mos.) |
3rd Offense Fine (18 Mos.) |
State Surcharge |
| §1110a |
Failure to Obey a Traffic Control Device |
$0 – $150 |
$0 – $300 |
$0 – $450 |
$93 (Town/Village) or $88 (City) |
| §1102 |
Failed to comply with a lawful order |
$0 – $150 |
$0 – $300 |
$0 – $450 |
$93 (Town/Village) or $88 (City) |
If you have any questions about the fine or reductions we invite your call. And please, do not plead guilty, always seek a reduction.
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