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Law Office of Randy S. Alpert | Queens | Nassau | Criminal & Traffic Attorney
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  5. Two important questions after getting a failure to stop ticket in NY

Two important questions after getting a failure to stop ticket in NY

On Behalf of Law Office of Randy S. Alpert | Feb 19, 2024 | Traffic Defense

The sudden flash of red and blue lights in your rearview mirror can set your heart racing. It is common for that moment of realization to lead to a wave of anxiety and stress as you ease to the roadside. The officer conducts the stop, asks some questions, and issues a ticket, citing you for a failure to stop — a charge that may seem minor but carries with it consequences that can ripple through your daily life long into the future. As you sit with the ticket in hand, you might wonder whether contesting it is worth the effort.

The answer is often a resounding yes.

In the bustling streets of New York, where every moment is precious, it is easy to underestimate the significance of a traffic citation. Yet, the implications of a failure to stop extend far beyond a one-time inconvenience or financial penalty. Points on your driving record and the looming threat of license suspension are just the beginning.

Why should I care?

It may seem easier and quicker to simply pay the ticket and move on. Unfortunately, this is generally not true. Paying the ticket can trigger a domino effect of future headaches. Penalties can include more than just the ticket, they could include a suspension or even revocation of your driver’s license and a need to adjust for insurance rates that are likely to skyrocket.

Although it is wise to take any allegation of a traffic offense seriously, it is particularly important for those who have past violations to take action. This is because the penalties increase greatly with each subsequent offense.

What should I do if I get a ticket?

In New York, a ticket for failure to stop is a serious traffic offense. It indicates that a driver did not adhere to a stop sign or red light. But you do not have to simply agree to these allegations.

You can fight back.

You can take your case to the New York State Department of Motor Vehicles Traffic Violations Bureau (TVB) at a TVB hearing. The first step is to respond to the ticket. There is generally information on the ticket that explains how to plea. If you choose to fight back, you would plea not guilty. There is a set deadline to make your plea, so be sure to review the ticket carefully.

Next, you schedule a hearing and complete paperwork. At the hearing, the officers would need to provide “clear and convincing evidence” that you did, indeed, fail to stop. This is a high standard. The officer will testify, and you or your legal representative can question the officer. The judge will review the evidence and decide the case.

Receiving a ticket for failure to stop in New York is not to be taken lightly. It can lead to fines, points on your license, and increased insurance rates. Respond promptly to the ticket and consider your options carefully. If you decide to plead not guilty, prepare by collecting any relevant evidence. Stay informed about the impact of traffic violations to better navigate the legal system and protect your driving privileges.

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