Facing charges for driving over 100 mph can be overwhelming. Many drivers assume that once they are charged with Reckless Driving, their license—and possibly their criminal record—are permanently at risk.
Recently, our office obtained an outstanding result for a client in Suffolk County who was charged with Reckless Driving, speeding in excess of 100 miles per hour, and several additional traffic violations. Despite an initial license suspension at arraignment, we continued advocating for our client and ultimately secured a resolution that eliminated the criminal charge entirely.
The Charges
Our client was charged with:
- Reckless Driving (a misdemeanor criminal offense)
- Speeding in excess of 100 miles per hour
- Multiple additional traffic violations
These allegations carried significant consequences, including the possibility of a criminal conviction, substantial fines, points on the driver’s license, dramatically increased insurance premiums, and potential license consequences.
Immediate License Suspension Under VTL § 510
At the arraignment, the Court exercised its authority under Vehicle and Traffic Law § 510 to suspend our client’s driver’s license. Many people are surprised to learn that in certain circumstances, a judge has the authority to suspend a driver’s license before the case has been resolved.
What Does Vehicle and Traffic Law § 510 Mean?
New York Vehicle and Traffic Law § 510 grants the Department of Motor Vehicles authority to suspend or revoke driving privileges in many circumstances. It also authorizes courts, in certain situations, to order a temporary suspension of a driver’s license while a case is pending.
Importantly, these suspensions are often discretionary, meaning the judge is permitted—but not required—to suspend a driver’s license after considering the facts presented.
Unlike suspensions that are automatically required by law, discretionary suspensions allow the court to determine whether the circumstances justify removing a driver’s driving privileges while the charges remain pending.
Fighting the Suspension
Recognizing the impact the suspension would have on our client’s daily life, we immediately requested an expedited court date and asked the Court to reconsider its decision. Although the Court denied our request to restore our client’s driving privileges at that stage of the proceedings, we did not stop advocating.
Instead, we focused on demonstrating why our client deserved a second chance.
Presenting Mitigating Factors
Our office worked closely with our client to strengthen her position before the Court.
Among other things, our client voluntarily completed a New York Defensive Driving Course, demonstrating that she took the allegations seriously and was committed to becoming a safer driver.
We also presented numerous mitigating factors that placed the incident in context and highlighted why a criminal conviction was not the appropriate outcome. Producing a clean driving abstract was extremely helpful too. This is why it is imperative to try to keep your driving record clean from your very first ticket.
Every case is different, but presenting meaningful mitigation can often play a significant role during negotiations with the prosecution and discussions with the Court.
The Result
After continued negotiations and advocacy, our office secured an exceptional resolution.
- The Reckless Driving misdemeanor was reduced to a zero-point parking violation.
- All remaining traffic charges were dismissed.
- Our client avoided a criminal conviction.
- No points were assessed from the disposition.
- The matter was resolved with payment of a fine on the parking violation.
Considering that the case began with allegations of driving more than 100 miles per hour, this outcome represented a significant reduction in both the legal and practical consequences our client faced.
Every Traffic Case Deserves a Defense
Many drivers believe that if they were speeding—or if the allegations sound serious—there is nothing that can be done.
That is simply not true.
Every case has unique facts, legal issues, and opportunities to present mitigation. Whether through challenging the evidence, negotiating with the prosecution, or demonstrating why a reduced disposition is appropriate, experienced representation can make a meaningful difference.
Charged with Reckless Driving or Speeding in New York?
If you have been charged with Reckless Driving, excessive speeding, or another serious traffic offense in Suffolk County, Nassau County, or anywhere in New York, do not assume the outcome is predetermined.
The Law Office of Siara Ossa, PLLC aggressively represents drivers facing serious traffic and criminal charges. We evaluate every available defense, advocate for our clients at every stage of the case, and work toward achieving the best possible result.
If you’re facing a serious traffic charge, contact our office today to discuss your case. Prior results do not guarantee future outcomes.