Most drivers receive at least one traffic ticket at some point in their lives; most tickets are non-criminal civil infractions and carry a fine. Discover the best info about traffic ticket ontario.
However, these charges can still have a devastating impact on your driving record and cause significant increases in insurance costs. An attorney familiar with local traffic laws may help defend you against such citations.
Driving too slowly
Speeding may come to mind first when considering dangerous driving behaviors; however, slow drivers should not be overlooked either, as they can create frustration for other motorists by disrupting traffic flow and leading them to act differently on the road, causing other drivers to react differently or make unsafe judgment calls on their behalf.
Although it may be unexpected, receiving a ticket for driving too slowly is actually a fairly frequent occurrence. Most states consider it illegal to slow traffic so much that normal and reasonable flow cannot occur. While the exact circumstances of being pulled over and ticketed vary based on the roadway and other factors, examples might include the following:
Typically, to remain safe on the roads and avoid being an obstruction to other motorists, drivers should travel at or above the speed limit. While it is acceptable for you to travel at your own pace if comfortable doing so, keep in mind that other drivers could be in a rush or distracted; too slowly driving could become very frustrating and even lead to road rage situations.
Drivers could argue their case of driving too slowly by claiming that their speed was affected by road conditions or other circumstances, such as poor weather. If your speed blocks passing vehicles on an interstate highway or other multilane roadway, for instance, and you were slow enough to block their passage, you might be able to assert that weather caused your slowness.
On multilane roadways, drivers are generally expected to use the right-hand lane for passing or faster-moving traffic; the far left lane often serves slower-moving cars or those waiting to turn left. If your slowness in using this right lane impedes other motorists’ travels too much, you could receive a ticket for impeding their progress and impeding traffic flow.
Texting or cell phone use
Drivers convicted of traffic violations include those who use handheld devices or text while driving. Doing so takes focus away from the road and can result in accidents, injuries, or death.
Distracted driving is considered a severe threat, and many states have passed stringent legislation against it. Penalties for violating such laws range from fines to license suspension, and drivers have even died while using devices to send or receive texts while on the road.
States vary on how they classify this offense as a “moving violation,” meaning it could increase your car insurance rates. For instance, in New York, a conviction of cell phone use while driving could earn five driver violation points on your record; should 11 points accumulate within 18 months, your license could be suspended.
Your options for dealing with traffic tickets include paying or contesting them in court. Hiring a traffic lawyer may be your best bet, as they can represent your case before the court and argue on your behalf that either no violation was committed or that there was an issue with how an officer issued your ticket.
Sometimes, an officer doesn’t have enough evidence to substantiate his/her claim that you were using your device to text or call while driving, particularly for minor offenses such as failure to yield or school zone violations wherein intent doesn’t play a part in perpetrating the crime.
In some instances, an officer will only have your written statement as evidence against you for using your device while driving. Even so, it is still worthwhile fighting your ticket because this alone may not prove that you were driving while distracted. An expert witness such as a doctor or psychologist could testify in your defense to explain how any impairment from using your device prevented you from paying attention to the road while driving.
Speeding
Speeding tickets are a leading cause of traffic violations and may have serious repercussions, from fines and court appearances to license suspension and increased insurance premiums following conviction.
Speeding tickets can be obtained in various ways, including being caught by a speed detector or electronic device or failing to slow down when entering or exiting a highway or travel lane.
As soon as you are issued with a speeding ticket in New York State, points will be assessed against your license based on how far over the limit your speed was – from 3 points for speeds under ten mph over the limit, 4 for speeds 11-20 mph over the limit; 6 points between 21-30mph and 8 for anything 31-40 mph and above over limit.
If you have amassed 11 or more points within 18 months, the New York DMV will suspend your driver’s license. Speeding is one of the leading causes of traffic accidents and poses serious threats not only to drivers but also passengers and law enforcement officers.
An officer may find it challenging to prove you were speeding if your speed exceeded by just a few mph while driving on an isolated, clear, dry road at 7 am with no other vehicles on it; however, should an accident or near-accident result from your speed, the prosecution will need to establish that your particular speed was unsafe given its conditions.
Your best option to fight a speeding ticket is going to court and contesting the evidence presented by police or prosecutors. Tilem & Associates traffic lawyers can help you understand all your options to fight back, mounting an effective defense to have it dismissed or minimize its effect on your driving record.
Leaving the scene of an accident
Leaving the scene of an accident is one of the most serious traffic offenses and may lead to criminal charges and imprisonment. Additionally, it often contributes to increased auto insurance premiums when an incident involves death or serious injury; however, drivers do not typically need to remain at the scene when it involves nonfatal collisions.
In most states, drivers can quickly resolve traffic tickets by either pleading guilty or making payments online or in person. But if your access requires a court appearance or has multiple violations on record, seeking advice from an experienced New York traffic attorney might be worth your while – they could help mount a strong defense and potentially avoid a conviction that would increase auto insurance rates.
Moving and nonmoving traffic violations fall into two broad categories. Moving violations involve moving vehicles committing an infraction, such as speeding or running red lights; nonmoving violations occur when they don’t require movement, such as parking in no-parking zones or window tinting violations. Most traffic tickets can be resolved without court involvement being necessary, the exception being certain criminal charges, such as DUI and vehicular homicide, which must be tried through criminal court proceedings.
Any motorist found guilty of committing a moving violation will likely incur fines and license suspension or revocation, depending on state laws. Some states also add points to a driver’s record, which can lead to higher auto insurance premiums. Anyone found guilty of vehicular homicide or driving under the influence can face criminal punishment with possible jail sentences and substantial fines.
An individual can contest their traffic ticket in court by filing an affidavit attached to their citation, having it notarized, and sending it directly to the court in which the offense took place. They can also argue their case by presenting evidence and calling witnesses at trial – this may help secure dismissal or plea bargains favorable for themselves. There may also be legal loopholes available that allow drivers to find ways around paying tickets.
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