The first response that most people give when asked why should they fight their New York speeding violation ticket is points. Speeding convictions in New York State carry 3 to 11 points depending on how many miles per hour over the limit with which you are charged.
New York Speeding Ticket Chart
1 – 10 mph over speed limit 3 points
11 – 20 mph over speed limit 4 points
21 – 30 mph over speed limit 6 points
31 – 40 mph over speed limit 8 points
41+ mph over speed limit 11 points
The better response is that one should fight their New York speeding summons to avoid being suspended for too many points. In other words, it is the consequences of having too many points to which people are averse.
In New York State, if you accumulate more than 10 points, you can be suspended. Additionally, even with just one conviction for 31 mph (or more) over the limit, a judge could suspend your license.
Speeding Ticket and Insurance
The second reason for fighting your New York speeding ticket is auto insurance rates. Most people are aware that having a speeding ticket on your record (among other things) can raise your insurance rates. What many people do not know is that, if you have a clean record (no points or accidents) and you are convicted of one low speeding ticket, your insurance rates will not go up. For insurance purposes, a low speeding ticket is one where you are convicted of only proceeding 15 mph (or less) above the limit.
With insurance rates already high for drivers with a cleaning driving record, it is important to fight your New York speeding ticket to keep your rate as low as possible. Another thing you can do to keep your rates low is to take the driver safety class. This 6-hour class will take 4 points off your New York point total plus save you 10% off your auto insurance.
The last reason to fight your New York State speeding summons is money. The NYC speeding ticket cost is, at least, $90. Plus, New York State adds $50 to the fine making the cost of your speeding ticket $140 (or more). Moreover, for a 6-point speeding ticket conviction (21 mph over the limit or higher), the New York State Department Of Motor Vehicles will impose yet another fee called the Driver Responsibility Assessment Fee of $300. This fee increases by $75 for every point above 6 on your NY motorist’s driving record. Therefore, a conviction to a New York State speeding ticket can get very expensive.
As discussed above, there are, therefore, three very good reasons to fight your NYS speeding ticket even if you have an otherwise clean record. If you have any questions about pleading not guilty to a speeding ticket in NY, or how to fight a speeding ticket in NY, try visiting our website for more helpful information.
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Hi Matthew,
I received (my first ever) speeding ticket for driving 77 on I87. (Section 1180B) I want to plead not guilty. My question: The ticket has the box “Speeding (Gen 101)” crossed at the section of supporting deposition. However, I didn’t get any other document from the officer, than the Uniform Traffic Ticket document. Should I request a supporting deposition?
Thanks a lot for you help!
Best, James
James Wilson,
It usually can’t to request a supporting deposition but sometimes it angers the police officer (hurting your chances for a plea deal or the most favorable plea deal).
Matthew Weiss
Hello, I received a ticket for 72 in a 55 on I-87 in NY (Section 1180B). The court is Champlain Town Court, NY. I have a NJ state license. This is my first ever violation. I should plead NOT guilty, correct? What happens next, what are the implications and chances of a lesser charge? Officer wrote in the ticket that I was going about 70. Do I need to work with any law firm if I am going to plead NOT guilty? 48 hours has crossed, can I plead not guilty now? Please advise best option
Navin,
Yes, we recommend that you plead not guilty ASAP (even belatedly). After entry of your not guilty plea, you will be scheduled with a conference/trial date. If you do not want to appear in court or are not comfortable appearing yourself, then you can retain a NY traffic lawyer to appear for you.
Matthew Weiss
Hello, thanks for your time. I received a speeding ticket for 76 in a 50 zone (1180D), approaching Verrazano bridge on SI. The ticket mentions “lidar” (laser?). The officer filled out the ticket with my old address, since that is what is on my license. I hadn’t realized until now, but apparently failing to notify the DMV of an address change within 10 days carries a fine of $90+ (I moved 2.5 yrs ago). Will the incorrect address have any effect on the validity of the ticket? Or if I appear in court, will there be a risk of receiving an additional penalty for failing to notify of my address change? Additionally, I was driving a rental car for work and do not own a car (therefore no insurance), but do you still recommend pleading not guilty?
Jay,
Will the incorrect address have any effect on the validity of the ticket? No.
Or if I appear in court, will there be a risk of receiving an additional penalty for failing to notify of my address change? Not likely.
Additionally, I was driving a rental car for work and do not own a car (therefore no insurance), but do you still recommend pleading not guilty? If you have an otherwise clean record (and have no insurance issues), then you can pay this ticket and take the NYS Driver Safety Class to remove up to 4 points. Note: You’ll be subject to a $300 Driver Assessment Fee if you lose this ticket.
Matthew Weiss
I got my very first speeding ticket in NY and I have never had a violation of any kind I was going 52 in a 30 ( I have a NJ license) not really sure what to do or what’s Ganna happen any help
Ju13,
You should plead not guilty as this is the only way to possibly avoid or save points and money.
Matthew Weiss
I got a speeding ticket for driving 21 miles over the speed limit in NYC. (I have a NJ state license and a prior reckless driving conviction, which was given to me when I got a flat tire, even though I hadn’t been driving over the speed limit. Bad luck.) Will I be able to plea-bargain and bring it down to 4 points? Also, is there any way that I can reduce points on my record overall, such as having no additional violations 1-year out from the date I was given the NY speeding ticket?
Frustrated,
In NYC, they do not plea bargain. However, if your case is 1, 2 or 3 mph into the 6-point category, then you may be able to get the ticket amended to a 4-point speed. You can also take the NYS Driver Safety Class in order to deduct up to 4 points from your NY total.
Matthew Weiss
I was ticketed for speeding 22 over the speed limit. I do not believe I was going that fast (traveling the same speed as others around me and was being occasionally passed by other vehicles, one actually at the time of being pulled over). On my ticket, it states that my vehicle is gray, rather than the actual silver. My registration also has the same error. Can this be used to have a ticket dismissed? Speed was a direct observation of officer, verified by radar. Thank you
Robert,
The wrong color (especially gray versus silver) is not a strong defense and certainly does not render your speeding ticket fatally defective.
Matthew Weiss
I got a speeding ticket in NYC from an NYPD officer on the Northern State Parkway westbound, right on the Queens/Nassau border, early in the morning- it was still dark out. I was in the middle lane, I going about the same speed as other traffic around me. The officer was waiting on the side of the road (headlights off), in a black unmarked SUV. The officer said I was going 73 in a 50, even though I don’t believe I was going quite that fast. In Queens, the speed limit is 50, and in Nassau it’s 55. The ticket says Queens, 73 in a 50, even though I was actually pulled over in Nassau County. Now I’m looking at 6 points and the Driver Responsibility Assessment Fee, neither of which I can afford. Convenient that the speed the officer said I was going is just above the limit for the assessment fee. I have no prior points or speeding tickets- this is my first ever. Is this worth fighting? I don’t know if the legal fees would be worth it, especially if I’m stuck paying a fine as well.
BB,
You should plead not guilty. This is the only way to possibly save points and money associated with this 6-point ticket.
Matthew Weiss
I got pulled over after a cop was tailgating me and then tried to get around and couldn’t so then he proceeded behind me again and turned his lights on. Came up to my passenger side asking if i knew how fast i was going. I responded 70mph and he asked what the speed limit was on the southern state- 55. He said yes, you were going around that 70/ 75. Then handed me the ticket and said send it in with a plead of guilty or not and walks away. Then i open the ticket and it says 75 (which i was not doing because my passenger just stated the state trooper just got on from the entrance ramp). Is it worth fighting?
Samantha,
You should plead not guilty. If you do, you likely can get this reduced to a less serious charge.
Matthew Weiss
Hello and thank you for your time. I received a speeding ticket 1180d. I was going about 85 in a 65 but the officer was kind enough to bump it down to 74 in a 65. I then wrote a letter to the DA asking for a reduction and I believe they reduced it down to an 1110a. After communications with the clerk at the court, I decided I still wanted to go to trial because I was asking the price of the fine for the reduction in which she told me it’d still be around $300 or over and due to recently losing a job and penny pinching I had to make the decision for the trial. However, my ticket says speeding in zone and i see nothing about zones in 1180d. 1180d also states a speed limit of 55 but on my ticket it’s down as 74 in a 65 so I’m confused by that. I’m thinking of using that as leverage as well as the calibration of the radar and hopefully a closing statement of my clean driving record. What do you think of my chances?
JG,
From what you write, I doubt that you’ll win. If it was me, I’d take the very generous 1110a offer.
Matthew Weiss
Hi, I received a ticket for speeding over posted limit Violation 1180 (D) (1) with the officer reporting I was driving 83mph in a 50mph zone (on the Whitestone Expressway/20th Avenue). I do not believe I was driving that fast. I already have 5 points on my license for other types of tickets. This is my first speeding ticket. What is my best option? Do I have a defense?
What are your rates?
Ken Geisel,
Your best option is to plead not guilty as this is the only way to possibly obtain a more favorable outcome than the 8 points which you are currently facing. You should also take the NYS Driver Safety Class ASAP. This will reduce up to 4 points four your license total and may help you avoid being suspended.
We will email you separately to discuss retaining our law firm.
Matthew Weiss
Hello – I recently received a speeding ticket going 93 in a 65 on the highway going to Rochester as my sister was in the hospital. I have a Maryland license. I know this warrants 6 points and a 300 dollar fee on top of the fine for the ticket. I would like to fight the ticket, but if I was really going that fast, what is there to say in a trial?
Meredith Hady
This is an 6-point ticket that carries roughly a $250 fine plus a $300 Driver Responsibility Assessment Fee, and, if you are convicted and have other recent convictions, can lead to a suspension of your driving license or privileges. It can also adversely affect your insurance rates (even if you have an otherwise clean record).
How you fight it is tough to answer in a short response. However, I certainly would explore the possibility of a plea bargain to a less serious charge.
Matthew Weiss
I got a speeding ticket and I am 19yrs old. 63 in a 35. My first ticket. Should I fight it or just pay the fine and deal with the points? Also the speed limit sign is blocked by a bunch of branches as I was approaching it. I can take a video for proof if needed for court.
mIKE718,
You should plead not guilty as this is the only way to possibly get a more favorable outcome.
Matthew Weiss
Got a speeding ticket in NY State going 71 in a 55 zone. The officer did not sign in ‘Radar Officers Signature’, is that something I can fight? Also, seems I forgot to renew my vehicle registration (I’m from Canada), is that something they can ticket in another country?
Lisa,
The omitted ‘Radar Officers Signature’ does not render your ticket defective and being un-registered in Canada is enforceable in New York. With that said, you should plead not guilty. If you do, you likely can get these charged reduced to a more favorable outcome.
Matthew Weiss
Was driving 16 miles over 45 MPH speed limit. Cop gave me only 6 miles over speed limit ticket. No points. in NY. Should I fight it? Should i send the report back as guilty or not guilty?
Gary,
Assuming you have an otherwise clean record, I would just pay it. You got one break and likely will not get a further one. Plus, 6 mph over is a minor ticket.
Matthew Weiss
My daughter who is 18 was on her way to college and got pulled over near Fredonia, she was going 82mph in a 65mph zone. This is her first ticket. What should she do in court to reduce the fine and no points on license?
Ellen,
She should dress nice and be polite. She will likely be offered a plea bargain to a less serious charge.
Matthew Weiss
I’m from Maryland. First time violation in ny.. speeding at 95 on 65 speed limit on I 390. Also police officer caught my 18 year month old daughter sitting on my wife’s lap.. this is also included in the ticket.. please advise..
Raj,
I suggest you plead not guilty to both tickets. If you do, you likely can save NY points (MD does not have reciprocity) as well the $525 Driver Assessment Fee.
Matthew Weiss
Hi,
I got a ticket for driving 81mph on the 87 north, coming back from ramapo to montreal. The speed limit is 65. The officer asked me if i knew how much i was going and i told him i kept most of the road from 70-75 mph, seeing the whole way they tolerate that. He told me he gave me a break and gave me a ticket for 75mph. I really do not know exactly how much i was going at when he caught me (it was the end of a downhill) but what i told him is true .
1- was it dumb telling him what i said?
2-any purpose to plead not guilty? And considering i’m from montreal, don’t have time to go to court over there ,about 1h30 min away.
Yo,
My answers in bold below:
1- was it dumb telling him what i said? Yes. You admitted to speeding 70-75 mph.
2-any purpose to plead not guilty? And considering i’m from montreal, don’t have time to go to court over there ,about 1h30 min away. Since you already got a break, you likely will not get a further one. With that said, if you fight it, there is a chance that you get a further reduction and, more importantly, a NY conviction will transfer as demerit points onto your Quebec license. You’re call.
Having a license for less than a month, just 16 year old, ticketed by NYS police driving 90mph in a 55mph zone. Should my son plead not guilty. Will he require a lawyer
Linda,
He definitely should plead not guilty as he is still on probation and could be suspended. This is a serious ticket for any motorist, let alone a 16-year old, brand new driver. Given the seriousness of this case, I recommend that he retain an experienced NY traffic ticket lawyer.
Matthew Weiss
Hi today I got pulled over for speeding 95 on a 50 zone, and the officer gave me an 1180(b), which according to a few websites it is issued for 55 zones. Instead of an 1180(d), which is for the 50 zone, is it worth fighting the error? I also heard I can question if they did not calibrate the radar is another way to fight it, which is more possible to ensure me a better deal?
Kypros Andrianou,
VTL 1180b states, in pertinent part, “when maximum speed limits have been established ***, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour.” So your first defense is a decent one. Failure to calibrate the radar is also a good defense, however, the officer will likely testify that he did so. With all that said, your charged with a VERY high speeding ticket (11 points) and most judges will be very slow to dismiss such a serious charge.
Matthew Weiss
Can I use my dash-cam footage in court as an evidence to fight 71/40 traffic ticket Section # 1180D?
HN,
Yes, you can use it. You will have to show it on a screen, however. The judges will not look at it on your phone.
Matthew Weiss
I was travelling back and forth all week to a nearby town for business. The road out of town never tells you when the speed limit goes back up to 55. When you drive in to town it shows of a sign stating ‘entering the village, speed limit 30’. I go into town a different way because I have to drop my kids off. The entire week I was trying to guess where the speed limit went back up. On my last day, I was pulled over. I told the officer that there was no sign as to where the limit changes. He pointed to the curve coming up and told me it was right after that curb. I went out and took photos to take to court with me to show that there are no signs. I don’t know if it will work but I am pretty upset that I am somehow supposed to know where the village starts and the town ends. I live over 45 minutes away from that town. I am also told that the cops sit right there where the speed limit is supposed to change back so that they can pull people over. Seems a little bit like entrapment to me.
Paula,
Outside NYC, proper signage is required to put motorists on notice of the applicable speed limit. If you can prove that there was insufficient notice, then you can possibly beat this case.
Good luck!
Matthew Weiss
Good day Matthew,
I was charged with U-TRN BUSIN DIST NYC. It was approximately 2:30AM, 3AM when I was looking for parking. The street was virtually empty, businesses closed, no sign of pedestrians in the street and/or other vehicles. I saw a parking spot on the opposite side of the street so I deliberately stopped and waited for a bit to ensure no one or vehicles were in the streets when I slowly drove my vehicle to the other side. I was already done parallel parking and had turned the vehicle off when I was approached by an officer. Do you think I have good change of beating this ticket or at least reducing the points to zero?
Thanks
Juan Simon,
The NY VTL defines a “business district” as set forth below in bold. I would argue (among other things) that, given the late hour, the buildings were not “in use for business or industrial purposes”. Good luck.
Matthew Weiss
The territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings, which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
I was pulled over going 86 on a 55 mph parkway (135 parkway in Nassau). I know I was not going this fast because I never go fast. I don’t like going fast. The cop didn’t tell me anything just asked me for my license, insurance and registration. He went to his car and when he came back, told me that I got a speeding ticket then he walked away. What is the worse thing that could happen if I plea not guilty? I also had some parking tickets and those camera tickets but I already paid them. Would this affect me if I plea not guilty?
Thank you
Carlos Alvarado,
You past parking and camera tickets will not affect you in regard to your speeding ticket. If you plead not guilty, the worse thing that can likely happen is you lose and get points and have to pay monies (unless you have other moving violations convictions in which case you can be subject to a possible license suspension). My advice is that you should plead not guilty. If you do, you likely can get this reduced to a less serious charge and avoid the $300 Driver Assessment Fee.
Matthew Weiss
Yesterday at 9:30 pm was returning from yorkers to Danbury, CT and was stopped for speeding 77 in a 45 highway, had not seen any limit sign, I was following the traffic on my ticket says I can only send by mail or appear personally, what better way to do? WHAT can I do to lower my fee, I was not looking at the odometer was only following the traffic like everyone else. This happend on Croos County Pkwy
Kaique,
Following traffic is not a valid defense in New York. You should plead not guilty as this is the only way to possibly obtain a more favorable outcome than the 8 points that you are facing from this speeding ticket.
Matthew Weiss
Mr. Weiss,
I received a ticket that says I was going 46 in a 25. I was pulled over at 134th and Riverside Dr. in Manhattan. (However the ticket says “Henry Hudson Pkwy and 125th St – BS”). When I was pulled over, a cop jumped off the curb a short distance in front of my car and pulled me over, just after another SUV in front of me cut into the left lane and zoomed past the cop. There were two other cops behind parked cars, one with what appeared to be a radar gun. The cop never mentioned how he measured my speeding and I didn’t know to ask at the time. If the radar gun was used, the cop who wrote the ticket wasn’t using it but the line for the radar gun operator was left blank. The cop took my driver’s licence and then proceeded to pull over several other cars and take their info before returning to my car. Three questions – does the officer operating the radar need to be listed on the ticket? Which officer needs to appear in court? Is it possible the speeds of the 5+ cars being pulled over were confused on the tickets. I wasn’t going 46. I’m from out of town and was looking for my next turn so I was going slow.
Jessica,
Answers in bold below.
Does the officer operating the radar need to be listed on the ticket? Yes, he should be listed on it, although don’t be surprised in the officer who issued the ticket testifies that he used the radar gun.
Which officer needs to appear in court? I would argue that both need to be there (assuming one radar’d you and other stopped you and issued the speeding ticket).
Is it possible the speeds of the 5+ cars being pulled over were confused on the tickets? Yes, this is possible. However, the officer will testify that he observed your car speeding, and the judge will give such testimony strong weight.
Good luck!
Matthew Weiss
Hello I just have a question on what my options are. My girlfriend recently got a speeding ticket going 49 in a 30mph zone. Section # 1180D (In violation of NYS V AND T LAW) and also bubbled (Tr Inf).
It is also bubbled (Return by mail before or in person on) (Date 04/28/2016 Time 9:00Am). I was thinking to just paying off the fine by pleading guilty but that would rack me up 4 points right? She currently has 3 points from 2 years back and a recent 5 point from a phone violation a year ago. So adding them up she would have 8 and plus the new 4 would mean suspension. I just wanted to know what my possible options are and if its even possible to make 2 points and pay the fine so it wont be suspended.
Eric,
Your girlfriend should plead not guilty. This is the only way to possibly save points. BTW, your girlfriend only currently has 5 points on her license as the older 3-points dropped off after 18 months from the date of offense. Seven is still a lot of points to have and subjects her to a $375 Driver Assessment Fee.
Matthew Weiss
i received a ticket about a year and a half ago for speeding i believe i was going 76 in a 50. also changing lanes without signal on the highway going to jersey from Brooklyn.
i haven’t received a notice to appear in court and now i’m receiving a letter stating my court was this past June, which would then make it a year since i received the ticket.
I’m going to call to schedule a hearing to take care of it, but my question is since it’s been over a year isn’t there a Statute of limitation. do you think i can win this ticket, i was simply going with traffic at 10 am and passing from left to right lane to take my exit.
Aia,
There is not Statute of Limitations for traffic tickets in NYS. I have no idea if you can win this ticket but I can tell you that it is hard to win in NYC because they do not generally make deals. Finally, simply going with speed of traffic is not a valid defense in NYS.
Matthew Weiss
My 1225(c) ticket was reduced to 1110(a) failure to obey a traffic control device. Can you tell me more about this violation and should I be happy about this reduction? The fines still seem rather steep but I haven’t yet found current info about that. Thank you.
LM,
An 1110(a) offense is a 2-point ticket for disobeying a traffic control device. It is a pretty good reduction under the circumstances.
Matthew Weiss
Hi. I got pulled over by a NYPD state trooper on the SI Expressway. I was doing 73 in a 50. Officer asked for my ID, did not ask for insurance or registration. There was a second officer that came up on the passenger side door as well. When giving him my license, he said, “Do you have something else to show me?” I said, “I have a PBA card, but it’s expired.” He asked if I had anything else. I told him, “No, but my husband is on the job,” as I pointed to my current FDNY placard in my windshield. He told me to sit tight, still not taking my registration or insurance.
He came back a few minutes later with a yellow traffic ticket, missing vehicle year, vehicle color, Registration expiration date.
Is this worth fighting that the ticket is incomplete?
Thank you for your help!
Meghan,
You can try to fight this ticket based on these errors but they do not guarantee a win.
Matthew Weiss