When you lose your license or you are found guilty of a traffic crime, you don’t just have to accept the results of a legal decision that did not go in your favor. You may have the opportunity to appeal. The appeals process involves asking a higher authority to take a look at the decisions which were made on your case and to potentially change the outcome of the previous legal proceedings.
The appeals process is different if you are appealing a criminal conviction, versus appealing the suspension of your driver’s license. You need to understand what type of appeal you’ll need to pursue to try to overturn a decision that was unfavorable to you. You need to understand what is involved in the appeals process and how you can request that a decision be reviewed. You should also make sure you actually have grounds for appeal so you don’t just end up wasting your time and your money in an appeal that is unlikely to result in a better outcome.
Because the appeals process can be complicated, it is important that you talk with a New York traffic crimes lawyer to find out about the laws related to appealing unfavorable decisions. Your attorney can review all of the administrative or criminal proceeding that have already taken place and can assist you in determining what your options are for fighting for a better outcome. If you decide to appeal, your attorney can help you with the legal process and can make arguments on your behalf so you’ll have the best chance of getting a prior decision overturned.
NY Traffic Firm has extensive experience with all of the different types of appeals that you may wish to pursue in connection with traffic offenses and vehicle crimes. From appealing a ticket to appealing the loss of your driver’s license to appealing a criminal conviction, our legal team knows the ins-and-outs of arguing for decisions to be overturned.
We can help you to fight to protect your license, driving record, and reputation. Give us a call as soon as possible to begin working on your appeal so you don’t miss deadlines and so you can begin to put together the strongest case possible.
The New York State Department of Motor Vehicles explains that you can appeal a Traffic Violations Bureau conviction either online or via mail. You have to file your appeal within 30 days of the date when you are convicted and you must include a $10 non-refundable appeal fee for each of the convictions that you are appealing.
You must provide the traffic ticket number from your conviction, along with your license number, your full name and other personal information as it appears on your license, and information about whether an attorney is representing you.
You also need to include your Appeal Argument listing valid legal reasons for appealing your conviction. If you want a “stay” of a suspension of a revocation of your license that occurred due to your conviction, you need to include a Stay Argument as well. A stay temporarily puts a pause on the suspension of revocation so it doesn’t go into effect until your pending appeal is resolved.
Your Appeal Argument and Stay Argument need to include details, backed up by laws and past cases, that explain why your conviction for the traffic violation was improper. These arguments must be technical legal arguments. You should have a New York traffic ticket attorney write your appeal arguments for you so you can have the best chance of a successful appeal. You can also submit evidence or exhibits via mail to be considered. An experienced attorney Simon Kabzan will assist you in making the strongest possible arguments so you can try to protect your driving record and license to drive by getting the traffic conviction overturned.
If you commit certain types of non-criminal moving violations, you may be required to attend a Traffic Violations Bureau (TVB) hearing. You are typically required to attend this hearing if you get 11 or more points on your license in a period of 18 months; if you are ticketed for violations during your new driver probation period, or if you commit certain types of speeding or misdemeanor offenses.
Your hearing could result in serious penalties, including a suspension or revocation of your license to drive. If the results of your hearing are not favorable to you, you can appeal your hearing within 30 days of the decision made by the Traffic Violations Bureau. You can appeal online or by mail, according to the DMV.
Some traffic offenses, such as drunk driving, can not only result in the DMV taking action but could also lead to criminal charges. When you are charged with a crime, you can face criminal proceedings before a judge, not just an administrative hearing before the Traffic Violations Bureau.
The appeals process for a criminal conviction is a very different process than appealing a ticket. You will need to appeal to the Court of Appeals and make strong legal arguments about errors in the way that the lower court applied the law if you hope to get your conviction overturned or your case sent back to the lower court for further review.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
5 Star22 Reviews
NY Traffic Firm has provided assistance to many motorists with both criminal appeals and administrative appeals. Our legal team can help you to try to get a conviction overturned for a criminal traffic offense, or can help you to appeal a traffic ticket or a suspension of your license. Whatever your situation, we can explain to you whether an appeal is likely to be successful and can help you to put together the strongest possible legal arguments.
To find out more about the assistance we can offer and to get help appealing so you can try to undo a legal decision that went against you, give us a call today to talk with an experienced NY traffic crimes lawyer.
Know more about Traffic Violations
Traffic infringements happen to everyone — and can occur anytime. No one is immune to ever-changing traffic laws.
NYS Vehicle and Traffic Law (VTL) Codes
Navigate through the multitude of New York State Vehicle Traffic Laws – We beat 1000’s of traffic tickets.