Search Site
Menu
Moving Violations

At the Law Office of James Riotto we handle hundreds of traffic infractions each year. Many people are initially uncertain whether or not they need an attorney after receiving a traffic ticket. If you are charged with a moving violation, retaining an attorney may ultimately save you money, time and valuable points on your license.

In general, New York State defines a moving violation as any prohibited act a driver commits while the motor vehicle he or she is operating is in motion. Some examples of moving violations include speeding, reckless driving, texting while driving and passing a stop sign.

Moving violations unlike other violations may result in the assignment of “points” by the DMV to a driver’s license. Convictions for these types of violations will add a minimum of 2 points to your license. However, depending on the violation, the point assessment can be much higher. For example, failure to yield right-of-way results in 3 points; improper cell phone use and texting while driving each result in 5 points; and speeding can result in anywhere from 3 to 11 points depending on how many miles per hour above the posted speed limit you were driving.

The DMV has specific rules regarding moving violations. If you commit three speeding violations and/or misdemeanor traffic violations within eighteen months, your license may be revoked for up to six months. Also, if violation points in any eighteen-month period total 11 or more, your license may be revoked or suspended.

Taking a DMV- approved defensive driving course will reduce your accumulated point total by four. However, for the purposes of the eighteen-month calculation, defensive driving reductions do not apply. Therefore, taking and passing an approved driving course may not prevent a person from having their driving privileges suspended or revoked.

Of course in addition to points being added to a violator’s license there are substantially higher fines associated with moving violations. This is not the only financial hardship. DMV points are reportable to insurance companies, therefore violators may face significant increases in their insurance premiums.

In order to avoid severe fines, court fees, points on your license, and increased insurance premiums, you should retain an attorney to protect your driving rights. If you are issued a moving violation, please contact the Law Office of James Riotto, so that we can assist you in taking your next step.

DMV POINT ASSESSMENT CHART

VIOLATIONS POINTS
Speeding (mph over posted limit)
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
More than 40 11
Reckless Driving 5

Failure to stop for a School Bus 5

Use of portable electronic device (“texting”)/Cell phone use 5

Following too closely (tailgating)     4

Inadequate Brakes     4

Failing to Yield Right-Of-Way     3

Violation Involving Traffic Signal, Stop Sign, or Yield Sign 3

Improper Passing or Lane Use 3

Leaving scene of an incident involving property damage or injury to an animal 3

Safety restraint violation involving person under 16 3

© 2013 The Law Office of James L. Riotto – Attorney Advertising

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    I was extremely pleased with Mr. Riotto, his office staff, and the results he achieved. I would highly recommend him.

    Read more

    Joseph Campanelli

  • lawyers
    5.0/5.0

    Having never received a traffic/speeding ticket, and as a busy professional not having the time to spend going to court to contest it, I did a fair amount of searching for a firm that would have the background and experience that could best represent...

    Read more

    Client

  • google
    5.0/5.0

    I was referred to the Riotto firm by an out-of-town attorney My traffic case was professionally handled with an OUTSTANDING result, much better than I expected. I'm very grateful to the team at The Law Office of James L. Riotto and recommend them h...

    Read more

    John Cook

  • google
    5.0/5.0

    I have worked with Riotto Law Firm several times and I have been pleased with the results they have been able to secure for me. They are professional and pleasant to work with and have saved me a lot of money and heartache with traffic tickets. I wo...

    Read more

    Mary Beth Ransom

  • lawyers
    5.0/5.0

    Mr. Riotto made me feel at ease from the start. He always had my best interests in mind and worked hard to drive the best possible outcome. His communication and professionalism were outstanding.

    Read more

    Client

See all reviews
Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Contact us

Quick Contact Form