Feifer & Greenberg, LLP

The traffic ticket “overpayment myth”

The traffic ticket “overpayment myth”

I’ve read it various places online and been asked by friends and clients on numerous occasions whether it’s true.

It’s the “overpayment” myth.  And the answer is NO, it is not true.

Here’s a version of it I found from a quick search online:

A police officer confirmed this for me.



I tried to pass this on to anyone I could think of. This procedure works in any state. Read it and try it, you have nothing to loose but the points in your license.

If you get a speeding ticket or went through a red light or whatever the case may be, and you are going to get points on your license, then there is a method to ensure that you DO NOT get any points.

When you get your fine, send in the check to pay for it and if the fine is say $79, then make the check out for $82 or some small amount above the fine.

The system will then have to send you back a check for the difference, but here is the trick!---DO NOT CASH THE CHECK!! Throw it away! Points are not assessed to your license until all the financial transactions are complete. If you do not cash the check, then the transactions are not complete. However the system has gotten its money so it is happy and will not bother you any more.

This is very simple.  In New York, when you are convicted of a traffic violation DMV is notified.  DMV will place the conviction on your driving record and you’ll have points on your record if it was a point carrying conviction.  That’s it.  Conviction for a point carrying violation means you have points.  Period.

As for payment of any fine due,  it’s a separate matter.  If you fail to pay, you’ll end up suspended for failure to pay eventually.  If you under or over pay, different courts will probably treat if differently.  However, under no circumstances does the over or under payment have any bearing on the points and the conviction.


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Your office is in NYC. How do you handle cases statewide?

We have organized a statewide network of attorneys. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for other firms that regularly provide of-counsel representation to our clients. This statewide network allows us to match clients in a particular county or court with local attorneys who regularly appear on similar matters in the same county or court. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low.

Do you guarantee results?
We can only guarantee that we will provide the best possible client service and legal representation. We can’t guarantee results. These are legal proceedings and we can’t promise you that every case will end in our favor. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. We’ll discuss our goals and objectives but no attorney can ever guarantee how a case will conclude.
Should I just pay my ticket or should I fight?

We recommend fighting almost all tickets. Even if the current NY traffic tickets aren’t particularly harmful, you have an incentive to keep your record clean for the future. Convictions quickly lead to surcharges, insurance increases and other complications. You should strongly consider any decision to pay a ticket without fighting.

How can our traffic ticket lawyers help you?

Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket.


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