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Speeding Tickets in New York: Don't Ignore Them

By Warren Redlich

A lot of people who get speeding tickets ignore them or forget about them. This is not a good idea.

In New York, a traffic court will send a notice to the Department of Motor Vehicles (DMV) if you don't "appear" for the ticket. You can appear by mailing in a plea (guilty or not guilty), by going to Court, or by hiring a lawyer to appear for you. Usually the Court will not send the notice to DMV until at least 60 days after the date your ticket says you're supposed to appear. This will also occur if you appear but then don't show up for a scheduled court date.

Once DMV gets that notice from the Court, they will mail a suspension notice to the address they have for you. The notice gives you another 30 days to appear before you're suspended. If you have moved and have not notified DMV of your change in address, you will probably not get the notice. But they will suspend you anyway.

If you've been suspended, there is a $35 fee for terminating the suspension. This is known as a "Suspension Termination Fee" or "Scofflaw Termination Fee." The fee is paid to the Court and you still have to appear in Court (or have an attorney appear for you) in order to get the suspension lifted. The Court will then give you a "Notice of Appearance" (sometimes called a "lift") which you would carry with you in case you get pulled over.

While your license is suspended, it is a crime for you to drive in New York. If you are pulled over, you will be charged with Aggravated Unlicensed Operation (AUO) in the 3rd degree, a misdemeanor. This is a big deal, and you can expect to pay through the nose to get this resolved. Our office charges $1000 or more to handle an AUO. If your license gets revoked (usually for other reasons), having an AUO or some of the common reductions from AUO on your record can mean that DMV will not reinstate your license for up to 3 years.

Residents of other states will face different consequences. Each state is different. We often get calls from residents of other states who can't renew their license because of unresolved tickets in New York State. This can get very expensive and can also take a lot of time. Recently we charged an out-of-state driver $2000 (plus suspension termination fees) to clear up suspensions in three different courts. He had to go several weeks without being able to drive. While we work quickly in such cases, the Courts do not always respond quickly.

New York residents can also get suspended for ignoring tickets in other states, and may face an AUO charge if they continue to drive while suspended.

About the Author

Speeding Ticket Lawyer Warren Redlich handles traffic, DWI and criminal matters, as well as personal injury cases, across New York State. He is developing a traffic court directory to assist people in finding out more information about the courts where their traffic matters are pending, including contact information and maps.

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