Oklahoma Motorist with Traffic Ticket in New York
This article contains information for Oklahoma motorists that received a traffic ticket in New York State. The page discusses the possible consequences in Oklahoma and New York. For legal advice on the impact in Oklahoma one should get in touch with an Oklahoma traffic ticket attorney or contact the Oklahoma Department of Public Safety (DPS).
Impact in Oklahoma
Oklahoma is a party to the Driver License Compact agreement between most states. As such Okla. Stat. tit. 47, § 781 provides:
ARTICLE III. REPORTS OF CONVICTION
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.
ARTICLE IV. EFFECT OF CONVICTION
(a)The licensing authority in the home state, for the purpose of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state…..
(b)As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c)If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
Thus it appears from a reading of the statutes that out-of-state violations will appear on your Oklahoma record and an Oklahoma motorist will face the same consequences as if the violation occurred in Oklahoma. For confirmation and more detailed information on how an out-of-state violation would impact an Oklahoma license, one would need to contact a traffic ticket attorney that practices in Oklahoma.
Suspension in Oklahoma for Non-Compliance with New York
Oklahoma is also a member of the Non-Resident Violator Compact. If you fail to comply with a traffic ticket in New York, either by not answering the ticket or not appearing in court, your Oklahoma license will be suspended. Oklahoma law (47 OK Stat § 790 (IV)(A)) provides:
Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.
In other words, if an Oklahoma motorist gets a ticket in another state and does not answer the ticket or does not appear in court, their Oklahoma license will eventually get suspended. It will be cleared in Oklahoma once the DPS (Oklahoma Department of Public Safety) receives paperwork confirmation from the sister state that the ticket was answered.
Impact in New York
The New York State Department of Motor Vehicles (DMV) creates an internal driver license number for any motorist that receives a traffic ticket in New York State. This license number is utilized to calculate violations within 18 month intervals, requiring an additional driver responsibility assessment fee for reaching six points in 18 months and ordering suspension for reaching eleven points in 18 months. New York State cannot suspend an Oklahoma motorist’s driver’s license, but they can suspend the New York State driving privileges of an out-of-state motorist. An Oklahoma motorist driving in New York with suspended New York State privileges is in the same position as a New York motorist driving with a suspended license in New York. The Oklahoma motorist would be subject to arrest on the side of the road and misdemeanor or possible felony charges.
Disputing a Traffic Ticket in New York
Fighting a traffic ticket in court is typically an unpleasant experience. Usually there is the long travel time and the many hours spent in court. Being in a courtroom is not fun. The judge and the prosecutor are not on your side. They are generally unfriendly, and do not expect that they will be sensitive to your situation or inclined to accept your version of events.
Disputing a traffic ticket in New York can be easy with a traffic ticket attorney involved. This is because the person that received the ticket does not need to appear personally in court. Nor does the defendant have to have an excuse or defense in order to get the charges reduced or dismissed. In New York, your attorney can go to court in your place and speak for you in court. This means you would not have to attend traffic court in New York to get your charges reduced or dismissed. Your attorney can figure out what works best for your case, whether to present the court with a valid defense, challenge the charges on procedural grounds, or utilize any diversion dismissal program that is available in the relevant jurisdiction. For more detailed information, it is best if you contact a New York law firm whose main practice area is Traffic Law.
Benjamin Goldman Law Office
If you are an Oklahoma motorist and were issued a traffic ticket in New York State, you can get in touch with the Benjamin Goldman Law Office. We are a New York traffic ticket law firm that operates across the entire state. Lawyers from our firm have handled cases in most of the approximately 1000 justice courts in New York. We fight tickets in the Brooklyn Traffic Violations Bureau of New York City and in the Champlain Town Court by the Canadian border. Our attorneys have experience with almost all types of traffic-related charges in New York. We handle common speeding tickets and more serious charges like driving with a suspended license. The team at the Benjamin Goldman Law Office persistently and diligently pursues the best possible disposition for each case. The efforts of our lawyers are reflected in the many five-star reviews our firm has received. The testimonials typically speak about the customer service we provide our clients and the results we obtain for them. The Benjamin Goldman Law Office provides motorists with a free consultation. You can contact us at your convenience. Someone from our firm will be glad to discuss your case, the circumstances leading up to the issuance of the citation and determine what makes the most sense for your situation. Our team can be reached by phone call, text message, or email.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.