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13Feb

Why Fight A New York Speeding Ticket

About the Author

Matthew Weiss

Matthew J. Weiss, Esq. graduated Hofstra Law School in 1984. He was Law Review and won the law school’s prestigious Procedure Award. Upon graduation, he became one of the first Hofstra Law School graduates to work at the New York State Court of Appeals (New York State’s highest court) working on various appellate matters.

Comments (931)

Elaina Bongiovanni - January 12, 2017 11:48 am

Hi Matthew,

I received a speeding ticket doing 52 in a 30 last night in White Plains, 1/11/2017 NY. I have not gotten a speeding ticket since I was in my 20’s, I am now 50. I have a clean driving record. It was on a new extension part of 287 (Westchester Avenue) in the evening with cars flying I did not see a speed limit sign. In addition, I would not have suspected that to be 30. I asked the officer 3 times where is it a 30? She said Westchester Avenue

I am mailing back ticket today pleading “Not Guilty”. My huge concern is the 6 points on my license. Should I hire an attorney? I do not know how the city of White Plains operate and if it would be not to painful to lower the fine. Thank you

Reply
    Matthew Weiss - January 12, 2017 11:46 pm

    Elaina Bongiovanni,

    You did the right thing by plead not guilty as this is the only way to possibly obtain a more favorable outcome. In this Court, you or your traffic lawyer can try to negotiate a reduction to a less serious charge. You can try to handle yourself or retain a NY traffic lawyer to appear in your place. This is a personal decision that you may want to make after speaking with one or two.

    Matthew Weiss

Andreas - December 29, 2016 5:47 pm

Hi Matt,

Thanks for your help.

I got caught doing 100 on a 65 and have a summons. Should I hire an attorney?

Thanks,
Andreas

Reply
    Matthew Weiss - December 30, 2016 12:53 pm

    Andreas.

    Yes!! This is an 8-point ticket that carries roughly a $300 fine plus a $450 Driver Assessment Fee, and, if you are convicted, can lead to a suspension of your driving license or privileges. It can also adversely affect your insurance rates.

    Matthew Weiss

Kevin K - December 19, 2016 9:20 am

Hi Mathew,
Thanks for your advice in advance.

I received a speeding ticket from a NY state trooper, 81 in a 65. I asked the trooper if he could please help me out because this was the first time driving to the area due to an expanded sales territory and I drive about 15,000 miles a year for work. Although the trooper was friendly, he did not cut me a break. He suggested I mail in the ticket with a not guilty plea to the local town court, which is in a rural location.

After mailing in my not guilty plea, I showed up for court on the assigned date, two hours away from where I live. My expectations were, routine practice, meet with the DA and have the ticket reduced to a parking ticket, pay the fine and move on. Wow, I couldn’t have been more unprepared! I was cooperative and friendly, didn’t try to argue anything. What a sucker I am! There was no DA, no discussions of reducing to a parking ticket. Guilty as charged!

Just received my fine letter in the mail and I owe the local court $300. With that being said, I have two questions:

1. Since I received the ticket from a state trooper, why is my fine payable to the local town court? I thought that the reason most towns usually reduce to parking tickets is so that they can collect the fine. Is this not true?

2. Is it worth it to try appealing? Can I even appeal it at this point?

Thanks,
KEvin

Reply
    Matthew Weiss - December 19, 2016 10:47 am

    Kevin K,

    Answers in bold below:

    Since I received the ticket from a state trooper, why is my fine payable to the local town court? Fines are always payable to the court in which is it resolved (except at the Traffic Violations Bureau where they are issued to DMV).

    I thought that the reason most towns usually reduce to parking tickets is so that they can collect the fine. Is this not true? Plea bargains in general are done in most NYS traffic courts to move a court’s calendar. However, it sounds like your case was heard at one of the Traffic Violations Bureaus. Further, traffic courts that do plea bargain will reduce cases to many types of violations, not just parking tickets.

    Is it worth it to try appealing? Based on what you’ve written, not in my opinion.

    Can I even appeal it at this point? You usually have 30 days to appeal.

    Matthew Weiss

Mary Jane Faker - December 19, 2016 12:13 am

Mary Jane.
I received a speeding ticket on 12/5/2016 going 66 in a 45. I am going to Traffic Court on 12/21/2016. I don’t know what to do. I haven’t had a speeding ticket in 16 to 20 years and I have a clean record. Does the state of New York plead you down to a lower speed anymore. I was going 21mph over the speed limit. I wasn’t speeding until I passed the guy in front of me. Thanks in advance. Mary Jane

Reply
    Matthew Weiss - December 19, 2016 10:40 am

    Mary Jane Faker,

    If your ticket is returnable at the Traffic Violations Bureau (NYC and Rochester), then you cannot plea bargain. Elsewhere the courts regularly engage in plea bargaining.

    Matthew Weiss

Roger M - December 16, 2016 1:58 am

I received a speeding ticket by a local cop a week ago, which was 17 miles over the speed limit. However, tonight I gotten a ticket for a failing to stop at a stop sign, doing a rolling stop. What should I do? I do not want any points on my license. Can they lower the tickets to no points violation?

Reply
    Matthew Weiss - December 16, 2016 9:59 pm

    Roger M,

    You should plead not guilty to both. This is the only way to possible save points and avoid the $300 Driver Assessment Fee.

    Matthew Weiss

Starlin Rivas - December 13, 2016 12:19 am

I recieved two tickets in less than a month.
In NYC for going 59mph in a 25mph zone
& in Canton, NY for going 56mph in a 30mph zone.
Is there anything I could do to not get those points in my license?

Reply
    Matthew Weiss - December 13, 2016 7:24 am

    Starlin Rivas,

    You should plead not guilty to both because otherwise you’ll end up with 14 points and likely a suspension. Fighting them is the only way to possible save your license (as wells points and money).

    Matthew Weiss

Robert - December 7, 2016 1:53 pm

I got caught speeding 48 in a 30 on astoria blvd. I have not had a speeding ticket in NY before as i just moved here from PA but had one over 5 years ago there. Should i fight this ticket?? I just completed the points reduction course just in case but i am wondering if its worth fighting?

Reply
    Matthew Weiss - December 7, 2016 10:25 pm

    Robert,

    In NYC, it is very hard to win a traffic ticket because they do not plea bargain. With that said, you have nothing to lose by fighting it and, if you were to win, you’d save the points, fine and a possible insurance hike. I hope this info helps you make your decision.

    Matthew Weiss

Leah - December 7, 2016 10:25 am

I received a speeding ticket doing 48 in a 30 limit zone in Dutchess County. The cop said I also changed lanes with no blinker but I know I used my blinker. He gave me a warning for the no blinker but ticketed me for speeding. This is my first ticket and I don’t know if I should plead guilty or not guilty?? Is it even worth going to court for or should I just pay the fine. I have no idea what to do.

Reply
    Matthew Weiss - December 7, 2016 10:26 pm

    Leah,

    In Dutchess County, it is worth it to fight it. If you do, you likely can negotiate this case down to a less serious charge.

    Matthew Weiss

J Higgin - December 6, 2016 3:29 pm

Hello Matthew,

I recently received a speeding ticket. The ticket says it was visual inspection, confirmed by radar. The police officer claimed I was doing 80 in a 65. I do not generally speed, so if I hit 80 at some point, I would have slowed immediately. The strange thing was that I had to pass a work zone (where i was definitely going well below the limit for a couple of miles) and then was exiting the highway, when I suddenly saw the lights behind me. I originally assumed that I was moving over for an emergency, until I saw that the police officer was pulling over also. I am unsure about whether to fight the ticket. I have only received one other speeding ticket in my life, that was twenty years ago. If I were to fight the ticket what argument would I use? Could it work against me if I lose–could I end up with a worse fine, etc. if the judge rules against me? The ticket is the town of Bedford, NY.
Thanks.

Reply
    Matthew Weiss - December 6, 2016 9:47 pm

    J Higgin,

    Answers in bold below.

    If I were to fight the ticket what argument would I use? You should ask for a conference and try negotiate a plea bargain to a less serious offense.

    Could it work against me if I lose–could I end up with a worse fine, etc. if the judge rules against me? The points remain the same if you fight it at trial and lose but the fine could be higher.

    Matthew Weiss

Roger - December 2, 2016 7:57 am

Hello seeing advice
I just received a ticket for speeding for 56 on a 25 mph zone. I have a clean record, no moving violations at least 8 years now. Should I get a lawyer in hopes of pleading down to below 30mph over? Very concerned about having my license suspended or worse .
Thank you

Reply
    Matthew Weiss - December 2, 2016 9:51 pm

    Roger,

    You definitely should fight this 8-point ticket and, in my opinion, you should consult with (if not hire) an experienced NY traffic lawyer. This ticket alone can result in a suspension and insurance hike.

    Matthew Weiss

Karen L Lupyak - November 28, 2016 10:15 am

Pulled over for speeding 5/22/16 was under the understanding that would get ticket in mail never received called week later 5/31/16 had no record of situation. Received letter from PA dated 11/25 that my license will be suspended 12/30/16 do I have any recourse

Reply
    Matthew Weiss - November 29, 2016 7:17 am

    Karen L Lupyak,

    You should contact the NY court in which your case is returnable and answer it ASAP. If you avoid the suspension in NY and report it to PA, then PA will not suspend you either.

    Matthew Weiss

eddie ortiz - November 26, 2016 9:03 am

Is the ny government required to serve a camera speeding ticket in person before it goes to a court? If not, is the photo ticket required to reflect the speed limit sign?

Reply
    Matthew Weiss - November 26, 2016 4:51 pm

    eddie ortiz,

    Personal service of a red light camera ticket is not required. Nor is a depiction of the applicable speed limit sign.

    Matthew Weiss

Marcus - November 21, 2016 8:31 pm

Is there a limitation on how long it can take for the court to send a summons, based on a submitted not guilty plea, after which you can have the ticket overturned because of lack of a speedy trial? I received my ticket in June 2016, mailed in “not guilty” next day, and in late November 2016, just received my summons.

Thanks.

Reply
    Matthew Weiss - November 22, 2016 2:36 pm

    Marcus,

    There is no right to a “speedy trial” on a traffic ticket in New York State. Further, a 5-month delay is not excessive in my experience.

    Matthew Weiss

Angelica - October 17, 2016 10:47 pm

Can you plead not guilty to a ticket after 48hrs? I got a speeding ticket in the town of Milan in Dutchess county in 55 limit doing 81, I understood from the cop that I had until the court date to answer the ticket and that I could get a plea deal, however I am filling out the ticket now and see that it says you had to do it in 48 hrs, the court date is tomorrow and I will be mailing it. Should I call the court? What should I do?

Reply
    Matthew Weiss - October 19, 2016 9:27 pm

    Angelica,

    Good news! It most likely not too late. You should plead not guilty as soon as possible.

    Matthew Weiss

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