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One of the most interesting aspects of my job as a New York traffic ticket lawyer is the fact that just about anyone, no matter where they live, what they do or how much money they have, may ask for assistance or advice at some point. Traffic tickets, driver license suspension, points on a driver license—these are issues that don’t discriminate and issues any of us may have to deal with from time to time.

The majority of people ask me what to do after they’ve received a traffic ticket. While there is clearly much to be said about that, this article is instead for those who may want some advice on how to avoid getting a traffic ticket in the first place.

I usually tell people it’s pretty simple. First, don’t get pulled over. Drive carefully in every sense of the phrase and the odds of receiving a ticket will drop dramatically. Sounds obvious, but it’s a simple first step that’s often overlooked—people I talk to seem to want to attribute being pulled over for speeding to everything other than the fact that they might actually have been speeding.

If you are pulled over, do not assume you are being issued a traffic ticket. While I have no official statistics, casual conversation with the police officers I’ve dealt with over the years suggests that maybe 25% or more of car stops do not result in a traffic citation. Perhaps it’s a minor equipment malfunction or other issue that will simply result in a warning or perhaps the officer is just in a good mood. My advice is to talk, act and think as if there is still a chance that you can avoid being issued a traffic ticket (because there is).

With that in mind, here is what you can do (or not do) or say (or not say) after you are pulled over but before you are issued a traffic ticket that may help you avoid being charged with a traffic violation.

• Take a deep breath and don’t panic. If the officer is directing you to pull over, use your signal if you need to change lanes or direction of travel. Look for a safe place to stop but also look to stop as quickly as possible. You don’t want the officer thinking “this person has no idea how to drive” while approaching your vehicle simply because you had a momentary lapse in reason once you saw the sirens behind you.
• Avoid moving around while waiting for the officer to approach your vehicle. The officer’s first task is to ensure his own safety. If he thinks you are trying to hide something (weapons, drugs) he could become agitated. Keep your hands on the wheel and stay still.
• Keep your seatbelt on. Yes, you know the officer will ask for your license and registration. Wait until he asks and then unbuckle your belt and reach for these items. First, by avoiding unnecessary movement, you are less likely to make the officer nervous. Second, you’re not tempting the officer to issue you a seatbelt summons—let him see that you were wearing it all along.
• Be polite. Maybe the officer was just going to warn you about some minor equipment failure he noticed. Don’t give him a reason to turn that warning into a summons. Moreover, officers tend to have better recollection of cases where there was some confrontation on the road. When it comes time to deal with the officer later, you don’t want to stand out as a motorist who gave him a hard time.
• If you have a PBA card or other document or information which you feel might discourage the officer from issuing a summons, use it wisely. Don’t shove it in an officer’s face as soon as he gets to your window. Be polite, and while you are giving him the paperwork he requested you can show or tell him why he may want to reconsider and why you are sorry. If you are mentioning an officer in particular, know which town or precinct he’s in and be prepared to explain your relationship.
• Know where your paperwork is. Your insurance and registration and driver license should all be readily available. If you don’t have something or can’t find it, now you are essentially asking the officer to give you two warnings (one for the underlying reason for the car stop and one for the missing paperwork). The odds of the officer letting two violations go will naturally be less than the odds of the officer letting one violation go.

Some officers are going to issue the traffic ticket no matter what you do. However, it’s certainly worth doing whatever you can to maximize the chances that you will drive away with a mere warning.

If you are ultimately issued a traffic ticket, my advice is to talk to a local traffic ticket lawyer. A good traffic ticket attorney will simplify your situation and let you know what options are available to you. Different people have different needs, different driving records, different potential consequences, etc. Everyone’s situation is a little different and everyone can benefit from knowing what they are facing after a traffic violation summons has been issued. Most attorneys offer some kind of a free consultation and I’ll always recommend pursuing that option first and foremost so you can make educated decisions going forward.

By Scott Feifer
Feifer & Greenberg, LLP
NYTicketHELP.com / TicketHELP.com

This entry was posted on Wednesday, June 4th, 2008 at 7:00 am and is filed under Attorney advice/commentary. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.