Getting a NYC speeding ticket under VTL 1180(b) or 1180(d) is never fun. For many people, New York speeding tickets can cause anxiety, fear, and frustration. Fighting a New York speeding ticket does not have to complicate your life. In fact, we will make your legal problem as simple and easy as possible.
When fighting a Speeding Ticket in New York, our team will help reduce the stress from the case. In plain English, our staff will walk you through the process, as well as be honest about your prospects. By hiring us, you may be able cut wasted time in traffic court. Let our team fight on your behalf.
Need help fighting your New York speeding ticket? Read our New York Court Success Rates which shows how much we’ve helped NY motorists with their speeding tickets over the past decade. Contact us today for a free consultation, or just call us at 212-683-7373.
What Are The New York City Speed Limits?
In New York City, the maximum Speed Limit on any controlled access highway is 50 mph. This will be surprising to many who assume that it is 55 mph. Yet, New York City has decided to keep its highway speeds lower than the rest of the state of New York. When you are not driving on a New York State highway or parkway, the speed established by the applicable speed sign governs. But what happens if there is no applicable speed sign when you’re not on a highway? Such stretches of roadway are called “un-posted” zones and, in New York City, the maximum speed limit in un-posted zones is only 25 mph. As you can see, it is easier to be subject to a New York City speeding ticket than elsewhere in the state where the limits are often higher.
What Happens if You Get a Speeding Ticket in NYC?
If you get a speeding ticket, the first thing you should do is determine whether you want to fight it or pay it. For speeding tickets that are 15 mph (or less) above the limit, your insurance rates will not be affected if you plead guilty unless you have other moving violation convictions on your record that have occurred within 36 months of the date of the offense of your new ticket. If you plead guilty, you will be assessed 3 points (1-10 mph) or 4 points (11-15 mph). If, however, you have other convictions on your driving record within 36 months of the date of the offense (or are concerned about getting future tickets), we recommend fighting 3- and 4-point speeding tickets. Naturally, we also recommend fighting 6-, 8- and 11-point speeding tickets (regardless of your driving record). You should plead not guilty in a way that provides proof that you entered the plea and always make copies of your paperwork.
We recommend fighting most speeding tickets because they can impact your auto insurance rates, and your right to drive and cost you substantial sums (a fine plus surcharge per ticket and, if applicable, a Driver Responsibility Assessment Fee of $300+). Keeping your driving record as clean as possible is a good best practice. You can get a free consultation by calling 212-683-7373.
How Long Does it Take to Get a Speeding Ticket in NYC?
If you are stopped by a New York police officer, it takes 5-10 minutes for him or her to issue you a speeding ticket. However, in New York City, it may take 7-14 days for your case to hit the online system. Be patient and keep checking. In NYC, the summons states that you have 48 hours to answer but currently the correct time frame is more like 30-45 to answer without any adverse consequence. With that said, we recommend pleading not guilty as soon as you can. Outside New York City, you should enter your not guilty plea via certified mail within 48 hours. You do so by completing the not guilty portion on the back of the ticket and sending it to the court. We recommend that you make copies of all paperwork. For a free consultation, call us at 212-683-7373.
Is it Possible to Negotiate a New York Speeding Ticket Case?
New York speeding tickets given outside New York City and Rochester are resolved in local traffic courts. Unlike the Traffic Violations Bureau, these local traffic courts do engage in plea bargaining with a motorist or NY speeding ticket lawyer. Therefore, motorists or NY speeding ticket lawyers can often negotiate the New York speeding ticket case down a few points (or even sometimes a non-speeding ticket). However, the chance that you or your New York City speeding ticket lawyer can negotiate a New York speeding ticket down depends on whether you have an existing New York speeding ticket or New York moving violation currently on your record and a few other variables.
Why Should I Fight My New York Speeding Ticket?
A speeding ticket attorney will tell you that another reason to fight speeding tickets in NYC is money. You often can save money when you do so. Specifically, in New York State when you accumulate six or more points, you have to pay a Driver Responsibility Assessment Fee (it is really a tax but DMV does not call it that) of $300 for six points and $75 for each point above six.
Further, when imposed, New York drivers, as well as out-of-state drivers, must pay the Driver Responsibility Assessment Fee. Otherwise, your license or privilege to drive in New York will be suspended. Even for those with a clean driving record, a conviction to a 6-point New York speeding ticket, an 8-point New York speeding ticket or an 11-point speeding ticket will result in the imposition of a $300, $450 or $675 Driver Responsibility Assessment Fee, respectively. The Driver Responsibility Assessment Fee must be paid in addition to the fine and surcharge paid to the court.
If you lose one or more New York speeding tickets, you pay a fine and surcharge (regardless of and possibly in addition to paying a Driver Responsibility Assessment Fee). The fine is subject to the traffic judge’s discretion and falls with a range that is authorized by statute. The surcharge is required by New York State law and is added to the fine. A New York speeding ticket lawyer can possibly help save you fine money but is more often able to reduce or avoid the Driver Responsibility Assessment Fee.
When you or a New York speeding ticket lawyer fight speeding tickets in NYC, you may save money and points on your record, as well as possibly avoid an insurance hike. When fighting a New York City speeding ticket, these cases are resolved at the Traffic Violations Bureau. Unfortunately, they do not plea bargain cases at the Traffic Violations Bureau.
Therefore, if you plead not guilty to a New York City speeding ticket, you or your New York City speeding ticket lawyer will be scheduled with a hearing date. Once you or your New York speeding ticket attorney either win or lose as you fight your NYC speeding ticket case, there is no room for settling it for something less serious. Even with an experienced New York City traffic ticket lawyer, it is hard to win any NY traffic ticket at the Traffic Violations Bureau but is even harder to beat a New York City traffic ticket there.
What a Speeding Ticket in New York or NYC Will Really Cost You
Speeding ticket fines
Speeding is a serious offense, and you could be facing fines of up to $600. For a first conviction, your ticket may cost as low as $45 for going 1 mph over the speed limit, but it can go all the way up into three figures.
Speeding ticket surcharges
Surcharges are automatic fines that New York drivers receive when they get ticketed for speeding. The surcharges depend on whether or not you were in either a city or town/village. If the total is anywhere between $88-93 dollars. A surcharge is added to your fine amount when you are convicted of a NY moving violation.
How many points come off my license for a New York speeding ticket?
In New York, a motorist can be suspended for 11+ points and New York speeding ticket convictions are often the type of ticket that “sidelines” motorists, especially a New York City speeding ticket. Below is a chart of how many points are assessed for speeding tickets in New York City or elsewhere in New York State:
1-10 mph over: 3 points
11-20 mph over: 4 points
21-30 mph over: 6 points
31-40 mph over: 8 points
41+ mph over: 11 points
Even with an otherwise clean record, a New York speeding ticket lawyer will tell you that a conviction to an 8-point or 11-point New York speeding ticket can result in a suspension of your license. Even if you take a New York Driver Safety Class (which deducts up to 4 points from your point total), a traffic judge can suspend you for one such NY speeding ticket. Such a suspension to an 8-point or 11-point New York speeding ticket is based on public safety and the extent of the speed. Further, such a speeding ticket in New York requires a personal appearance. This means that you or your New York speeding ticket lawyer must appear to address the case rather than pleading guilty to your NY speeding ticket in the mail or online.
Even with a 3-point New York speeding ticket, 4-point New York speeding ticket or 6-point New York speeding ticket, you can be suspended if you have other convictions that make your point total 11 or more. We, therefore, often recommend fighting any speeding ticket issued in New York and consult with, if not retain, a New York speeding ticket attorney.
The Driver Responsibility Assessment Fee (DRAF)
If you receive 6 or more points for traffic violations within 18 months, the DMV will charge a Driver Responsibility Assessment Fee. This penalty is $300 for 6 points and $75 for every point above 6, and there is no grace period before payment is due.
Do Insurance Rates Go Up If I Get a Speeding Ticket In New York?
An experienced New York speeding ticket lawyer knows that some speeding tickets in New York can result in your insurance rates being raised even if you have an otherwise clean record. Specifically, any New York speeding ticket conviction that is 16+ mph is enough to allow an insurance company to raise your auto insurance premium for 36 months. Even a 3-point NY speeding ticket conviction, 4-point NY speeding ticket conviction or 6-point NY speeding ticket conviction can result in an auto insurance hike. This can occur if you have any other New York moving violation convictions with 36 months of your New York speeding ticket conviction.
How Much Will 2 Points Affect My Insurance in NY?
For 2-point tickets in New York (such as failure to signal, disobey a traffic control device and improper turn), your insurance rates will not be affected if you plead guilty unless you have another moving violation conviction on your record that occurred within 36 months of the date of offense of your 2-point ticket. If you plead guilty and have an otherwise clean record (and no prior accidents or auto insurance claims on your record within 36 months), you will be assessed 2 points but your auto insurance rates will not be impacted. If, however, you have other convictions on your driving record (or a prior accident or insurance claim) within 36 months of the date of offense, then your auto insurance rates can be increased if you are convicted of a 2-point ticket. Keep in mind that two moving violation convictions within 36 months gives the insurance company the right (but not the obligation) to raise your rates. If you call 212-683-7373, we will provide a free and specific recommendation for you.
Is It Possible To Negotiate A New York Speeding Ticket Case?
New York speeding tickets given outside New York City and Rochester are resolved in local traffic courts. Unlike the Traffic Violations Bureau, these local traffic courts do engage in plea bargaining with a motorist or NY speeding ticket lawyer. Therefore, motorists or NY speeding ticket lawyers can often negotiate the New York speeding ticket case down a few points (or even sometimes a non-speeding ticket). However, the chance that you or your New York City speeding ticket lawyer can negotiate a New York speeding ticket down depends on whether you have an existing New York speeding ticket or New York moving violation currently on your record and a few other variables.
Understanding New York City’s Traffic Violations Bureau (TVB)
The New York City Department of Motor Vehicles has set up a department within the DMV to process and adjudicate speeding tickets and other moving violations. It is known as TVB for short, which stands for “Traffic Violations Bureau.”
If you get a speeding ticket in New York City, take it seriously. The traffic court follows stringent rules. It does not allow plea bargains which means that if a driver fights his or her ticket, the only outcomes are guilty or not guilty. There is no negotiation about the points or how much money needs to be paid. It is recommended that you consult with (if not retain) a NY traffic lawyer when you are faced with a NYC moving violation.
Advantages of Traffic Ticket Attorney Services
- Improved odds of avoiding points on your license with experienced representation
- Potential reduction of fines and fees
- Passing along the responsibility to appear in court to your traffic lawyer
- Possibly avoiding higher insurance premiums
How Do I Understand My New York Speeding Ticket?
Every traffic ticket has certain sections of note. Below we discuss the most important ones:
The Charges
Under New York’s Vehicle & Traffic Law and New York City’s Traffic Regulations, the specific laws are set forth. The section of law charged can be found on every traffic ticket. When you read your statute or regulation, you need to understand that each moving violation has universal elements and specific elements. A universal element is one that is found in every moving violation. Examples are date, time, location, direction of travel, etc. Specific elements are those unique to your particular offense. For instance, with a NY speeding ticket, some specific elements are the speed limit in question, the motorist’s alleged speed, and the location of the speed sign(s).
The Court
The information in this particular section will show you the name of your court and its address. Courts are not all the same so learning the reputation of your particular court (especially regarding how it treats your particular charge) can be very helpful.
The Defendant’s Information
The information displayed on these boxes contains your name, address, date of birth and license number. This section also contains identifying information about you vehicle, like its make, model and color. Critically, a mistake here in this section is rarely fatal to the case (unlike a parking ticket).
Entering A Plea of Guilty or Not Guilty
Drivers wanting to plead “guilty” should complete this section and mail it in.
Some believe that if you plead guilty with an explanation, the court can find your justification and decide not guilty. It could not be further from the truth, anyone who fills out this section of their ticket (and sends in their ticket) will be convicted.
Pleading not guilty is the only way to possibly obtain a more favorable outcome. After hearing our motorist’s details, e generally recommend pleading not guilty to most moving violation tickets (but not always).
It is important to note that if you choose to plead “Not Guilty” in a non-TVB court, then you have the option of requesting supporting deposition. These are sworn statements amplifying the charges in the tickets so the motorist is not surprised at trial. We do not always request a supporting deposition because sometimes it is not in your best interests. It depends on certain factors.
How Out-of-State Drivers Are Affected by a New York Speeding Ticket
New York speeding tickets are serious business. The first thing you should know about them is that they can result in the suspension of your license, insurance increases, and hefty fines. Not to mention the possibility of a conviction on your driving record transferring to your home state. The rules vary by state but you can contact us for information about your particular state.
- New Jersey – A New York speeding conviction will transfer as 2 points even if New York gives you more points on your NY driving record here and even if the speeding ticket would carry more points had it occurred in New Jersey.
- Connecticut – If you are a Connecticut resident who has been convicted of a traffic ticket, the points will not transfer onto your Connecticut license (but New York will place its points on your New York driving record).
What to do When Facing a Speeding Ticket?
When facing a speeding ticket charge, first seek the services of an experienced New York traffic ticket attorney. A skilled lawyer knows how to fight these charges. An attorney is essential because there could be many pitfalls when trying to defend oneself without professional guidance.
Strict liability is applicable in traffic courts, making the decision to hire an attorney a prudent one. The application means you can get a guilty tag even if you did not over intentionally speed.
Speeding can be a costly mistake, so it is vital to have knowledge of the laws of the state. Speeding tickets are not just about how fast you were going – they also factor in where and when they occurred, among other things.. If an officer catches someone traveling on the New York Thruway above the mph limit, he or she will have to issue a traffic ticket.
Speeding tickets are no fun, but you will not face them alone. With our experienced team of New York speeding ticket lawyers on your side, we will defend against the charges in court or negotiate for a reduced penalty wherever possible so that this never happens again.
What Makes Weiss & Associates’ Team Of Speeding Ticket Attorneys Special?
Should your New York speeding ticket need to go to court, a New York City speeding ticket lawyer will vigorously defend you anywhere in New York State, including at the New York City Traffic Violations Bureau. You do not have to be inconvenienced. Let a New York speeding ticket lawyer appear on your behalf instead and make the whole experience as easy as possible. Our flat fee means no surprises for you. And our experienced team of New York speeding ticket lawyers really knows how to fight your New York City speeding ticket.
Read our New York Court Success Rates that show how Weiss & Associates, PC has helped motorists with their speeding tickets issued in New York City or elsewhere in New York, now for a free consultation, or just call us at 212-683-7373.