New York Traffic Ticket Lawyer News- Bye bye 1201(a)

http://www.timesunion.com/local/article/Speeding-ticket-plea-plan-on-fast-track-4215507.php

Oh boy. Here we go again.  Another mis-informed disingenuous attempt by the Governor to protect us from harm.  Let's limit the clip to 7 bullets. It will save lives.  Now let's tell prosecutors what they can and can't do in traffic ticket cases.

The Governor is right about one thing.  The so called "parking ticket" (New York Vehicle and Traffic Law Section 1201(a)) is a common reduction for speeding tickets.  The defendant agrees to the reduction instead of going to trial. It is called a plea bargain.  It is true that the 1201(a) does not appear on a driving record so presumably, someone could have been ticketed several times and a prosecutor would not know it if the defendant was able to get parking tickets. (I have several clients like this).  But what the Governor does not understand like us lowly trench lawyers do, is that the parking ticket reduction is generally limited to speeds that are low.  It is very difficult to get a parking ticket if a speed exceeds 20 mph over the limit.  And if the client does have a speed on his or her record, even harder.  Maybe 20 mph over sounds fast to some but if you drive on the Northway, your choice is to speed, or get out of the way and pray you are not rear ended. I seriously wonder at times what is more dangerous, driving the speed limit, or trying not to get plowed over on the highway. Go ahead and try driving the speed limit on the highway in moderate traffic. There is nothing scarier than a car inches from your rear bumper traveling at 65 mph.

There is a general belief that cops write tickets to raise local revenue.  As discussed in the TU article,  the parking ticket fines stay with the locality.  The fine money for all other offense goes to the State.  The State also collects a tax called a surcharge on every conviction for anything other than a parking offense. 

I say the Governor is being a bit disingenuous with this proposal because he says it is matter of public safety.  What better way to get support for a measure than say it will save lives. Safe driving is a matter of personal choice and disposition. Personally,  I witness maniacs driving on the roads everyday including my own friends and family. Recently, it was revealed that a local kid who allegedly ran a car of the road killing two high school students, was able to maintain his license while receiving many speeding tickets over the years.  His record, even without any parking ticket reductions was horrible, yet he managed to plea bargain most of his tickets. Nothing in the Governor's proposal would have stopped  that guy from driving like a crazy person the night of the accident.


Finally, Governor Cuomo please do not overlook the fact that people do hire lawyers for traffic tickets. We are out here.  If your proposal succeeds,  it will result in more trials.  And we love trying traffic cases. Do not eliminate that cost from your equation. Trials are very expensive for localities.  Especially the overtime that the police get paid to show up and testify. I guess I should thank the Governor for his proposal.  If it survives, some people may require my services who may not have in the past. Keep making more new laws. It is great for business.