Our firm takes particular pride in representing company drivers and owner / operators against NY traffic charges. But they, like all people, consistently ask ‘what are your results?’ It’s a fair question but one that it hard to answer in the abstract. As I’m wrapping up this case I realized that it is a good example of the work we do and the results we get. Now before I go any further NY attorney disciplinary rules require that I disclose that past performance is no guarantee of future results. But I am sure you know that.
This company driver was issued a ticket in Onondaga County, NY on March 18, 2010 for an overweight load, NY VTL Sec. 385(9). The first thing that made this an easy matter for the driver is that before the ink was dry on the ticket he reached out to me. This gave me some advance time to do research on the potential fine indication and any potentially mandatory penalties, as in NY many charges specific to commercial vehicles cannot be plea bargained. The advantage of giving us lead time as opposed to a panic stricken call the day before the court date is that it gives us time to evaluate the case to give the driver the best possible price. It also gives us time to get the proper paperwork returned so that the driver does not have to come back to NY to appear in court.
In this case the potential fine is predicted on how many pounds overweight the load was, but it carried no points and was negotiable in a plea bargain. The fines can be anywhere from very small to $4,700.00, and the way they wrote the ticket the actual amount over weight was vague. So calling in early gave our office a chance to confirm the weight charged and to see clearly the maximum fine.
In this case, had the driver been plead or been found guilty the fine would have been just under $1,400.00. I then called the driver back and interviewed him about the load origination, who loaded the truck, and his recent driving history. This information was used in plea negotiations.
Based on the charges and the totality of the circumstances, I charged a 1 time flat fee of $400.00. The driver retained our office by March 31st, which was well before the April 21st court date. We immediately contacted the court and noticed them that we were counsel for the driver and forwarded the authorization to appear and plea for the driver. Now the driver was not in “default,” was not in danger of having his license suspended, and did not have to come back to NY to face the charges.
We then pulled the driver’s DMV record and with that contacted the Onondaga District Attorney. Through a phone conversation and a letter attached here: Case Documents our office negotiated a plea bargain from a $1,400.00 overweight fine only applicable to a commercial vehicle to NY parking violation, VTL Sec. 1201(d) which can be charged to any motorist. Instead of a $1,400.00 fine, the driver will be fined no more than $150.00. With our fee the total savings is at least $850.00. Additionally, the driver did not have to worry about going to court, following up with dates, playing phone tag with the authorities, or anything.
Whether you are an owner/operator, company driver, or just have regular passenger driving privileges, and are given a ticket anywhere in NY State, go to our website http://www.AttackThatTicket.com or give us a call toll free at 1-877-99-NO-TIX. Founded by a former police officer, we’ll tell you when you need us and when you don’t. We will appear in court for you and do everything on your behalf. We give a money back guarantee to reduce or eliminate the points charged in most cases, and you’ll never have to come to court.