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.
921 Comments. Leave new
So I got pulled over almost two weeks ago. I was going 52 in 30mph. It was my first speeding ticket and I have never been in a car accident ( I have been driving for 5 yrs). Is it worth to plea guilty and explain to the judge how that day why I was speeding? I go to school two hours away from home and I had to pick up my younger brother from school after my final exam since that day my mom had surgery. I was mostly rushing since no one was home to take care of her and I also had to go and pick up her medication. For court, should i bring a copy of something saying she had sugery that day?
Michelle,
Plead not guilty and ask for a conference. If you plead not guilty and show up, you will very likely be offered a reduced offense in exchange changing your plea to guilty to the lesser charge. The fine will remain roughly $200 but you’ll save some points as well as the $300 Driver Assessment Fee.
Feel free to call with any follow up questions.
Matthew Weiss
212-683-7373
So, I just got pulled over doing 90 in a 55 in webster ny, I had switched lanes when a black corvette was flying up and I guess him having to slow down pissed him off. He proceeded to get in front of me and slam on his brakes. This went on for about 2 miles at which point he wouldn’t let me back over into the right hand lane and my exit was coming up, he would match my speed everytime I tried to slow down or speed up. So, getting mad, I lost it and gunned it, I guess hitting 90 as I switched lanes and drove down my exit. There was a trooper sitting at the exit unfortunately for me….I have a clean driving record, no speeding tickets, no accidents and I am 25. What are the chances I can get this reduced if I ask to speak to the DA. I am going to be unemployed here in a week so obviously paying a $500 plus ticket is going to be out of the question, is there anything else I can do to help? If you could, can you email me also maybe with your rates? Thanks a lot
Eric,
You will have an opportunity to discuss your case with a prosecutor if you plead not guilty. I am confident that you’ll be glad you didn’t just plead guilty as you likely save points and money.
Feel free to call us if you have any further questions.
Matthew Weiss
212-683-7373
Got lasered on I-90 for the memorial weekend, somehow all thw way the speed limit was 65mph on I-90 from Albany to Niagara except workzones. I get a tropper behind me and pulls me over..his reason i was travelling 78 mph on a 55mph..not sure where the 55mph zone was, I was on cruise all the way as I was in the thought that it’s 65mph. I’m sure it was not a work zone. Anyways I get a ticket, and I believe its a 21+ and a 6 point one. I have a CT licesense…from your past answers I see that the points do not get trasfered but the conviction would. I would like you suggestions and your expereince dealing such cases and how much usually the points and fine gets reduced to… if pleaeded not guilty.
Neo,
The type of reduction which you can expect varies depending on the court but I would think a 2-point non-speeding ticket would be likely. If this was a speeding in work zone ticket, then you are less likely to get such a deal. If you are charged under 1180(f), then it is a speed in work zone ticket. Fines double with such tickets.
Feel free to call us if you have any other questions and good luck fighting it.
Matthew Weiss
212-683-7373
I got pulled over for going 81 in a 65 zone in NY state but the officer gave me a ticket for a cell phone with two points instead. Should I fight it? Also, is there a time limit for a speeding ticket to be issued. I know in NJ it is 30days.
Thank you in advance
Cindy,
No time limit. Because you were offered a generous reduction already, I wouldn’t fight it. If you do, the People could amend the ticket back to the original charge.
Matt
I got pulled over going with traffic on 2/18/2008 for doing 70 in a 50 on the Sawmill River Parkway where if you are under 70 mph people start honking and flicking you off. Well I have just today on 5/18/11 been sent a letter saying they finally set my pre-trial Hearing. I now live over two hours away and tried and tried to get them to set a date while I still lived in NY. Can they really all of a sudden 3.5 years later decide to start prosecuting the ticket? Their must be some length of time that it becomes unreasonable especially if I wasn’t trying to duck the mail. Any help would be great.
Thanks
There is no statute of limitations for traffic tickets. Therefore, you must appear or retain a New York traffic lawyer to appear on your behalf.
The good news is that the points from this speeding ticket will not count for future tickets. The points are measured from the date of offense (2/18/08) for DMV purposes, not the date of conviction. The bad news is that, for insurance purposes, the conviction is measured from the date of conviction.
Therefore, you want to still fight this ticket to keep your auto insurance rates low.
Feel free to call us for a free consultation.
Matthew Weiss
212-683-7373
Caught speeding at 72 in a 55 zone in the town of Chatham, NY. I got a CT license. Seems like a got 4 points. Any fine involved here? Should I fight it? Speed verified by Rader – Stalker Dual.
Bob,
Yes, there is a fine if you plead guilty to this NY speeding ticket (even though you have a CT license). Although the 4 NY points will not transfer onto your CT license, it will be reported to CT. Therefore, it is worth fighting to avoid an insurance hike as well as keep your NY record as clean as possible.
Feel free to call us for a free consultation.
Matthew Weiss
212-683-7373
Hi, I got pulled over this morning doing 85 in 55 on my way to work. What worries me even more is that I have a conditional license and wasn’t technically supposed to be driving because I was coming from somewhere besides my own residence (although the officer didn’t say anything about this). What am I looking at when it comes to plea deals and what are the chances of them talking away my conditional license?
Anthony,
You must fight this ticket to hopefully save your license. What is acceptable depends on why you have a conditional license.
Feel free to call us to discuss.
Matthew Weiss
212-683-7373
I was stopped in Rochester going 67 in a 40 zone. I have an otherwise clean NY license and live locally. Is it worth fighting it?
Nick,
This is a 6-point speeding ticket which carries a fine, surcharge and $300 driver assessment fee. Therefore, it is worth fighting.
Is your case returnable at the Rochester Traffic Violations Bureau. If so, you chances are win are lower than other courts in the area. In the Rochester TVB, there is no plea bargains (or deals). Therefore, it is all or nothing. I recommend reading an article that I wrote called “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It will help you understand what you are up against.
Good luck.
Matthew Weiss
On april 11th 2011 i got pulled over for doing 120 in a 65 on I87 between clifton park and saratoga and it was on the exit 11 off ramp. The cop said he had been following me from around exit 9. He never once stated that he had gotten me on radar and he printed out a deposition with the ticket. On the deposition it states speed verified by radar but it also says visual est. 120. Im at a loss because its contradicting itself and im 21 with a clean driving record its 11 points and i mailed my ticket in not even 12 hours after it happened and now it is may 10th 2011 and i still havent recieved a court date or anything in the mail.
Dan,
This is a very serious ticket which can result in your license being suspended. It also carries 11 points, a fine of about $350, a surcharge and a $675 driver assessment fee. There are ways to minimize the damage but I’d need to get more information from you. Regardless of who you call, you should retain an experienced traffic lawyer to help you.
Matthew Weiss
212-683-7373
I just got a ticket going 87 in a 65 near Albany, NY. My record is clean besides this. However, my license and registration are from NC. How will this affect my insurance? Is there state-to-state communication on this? Do points affect my license only in the state I was given the ticket? Help!! I can’t go to court since I will be in NC.
Laura,
Even if you don’t hire us (or another traffic lawyer), you want to fight this ticket. A conviction in New York will be reported to North Carolina, and North Carolina can suspend you for it (even though it occurred in New York).
Matthew Weiss
212-683-7373
is it possible to use my youthful offender these are the first offenses ive ever had.
Jake,
A youthful offender status does not apply to traffic tickets (only criminal matters). There are other ways to obtain a favorable result, however.
Feel free to call us to discuss.
Matthew Weiss
212-683-7373
Hey,
I just got a ticket for doing 82 in a 50 in New York City. Is there any way i can ask the judge to get it reduced to a lesser charge seeing as its my first speeding ticket?
James,
This is an 8-point speeding ticket which also carries a fine, surcharge and $450 driver assessment fee. You generally cannot get a reduction in New York City as plea bargaining is not allowed. If you fight the this ticket, usually your only options are guilty or not guilty. With that said, you have very little to lose by fighting it. I wrote an article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau” which will give you even more helpful information.
Feel free to call us to ask any other question or for a free consultation.
Matthew Weiss
212-683-7373
I was issued a speeding ticket recently for going 89 in a 65- stupid I know. I also did not have my license on me- more stupid, I know. Is it worth pleading not guilty and going to court to try and work it out/ explain my situation? I was planning on just pleading guilty and so the 48 hour mark has passed. So is it even possible , if i get it in as soon as I can?
Madison,
Yes, you want to plead not guilty and try and fight it. This is a 6-point ticket and carries a fine, surcharge and $300 driver assessment fee. Even though you 48 hours has run, you likely can still enter a not guilty plea. In most likelihood, you will get a better outcome by fighting the speeding ticket.
Feel free to call us for a free consultation.
Matthew Weiss
212-683-7373
Hi Matthew,
I was given a speeding ticket (82/65) on I-87 N near Catskill (exit-19). Surprisingly, the officer who caught me told towards the end to plead “not guilty” and he would talk on my favor because of my good behavior.
I have pleaded not guilty and just received a letter for pre-trial conference. I have a NJ license and the court is 3hrs drive away moreover, the pre-trial conference date/time is conflicting with my work schedule.
How do I handle this? Should I schedule for the Trial or request a new date and time for pre-trial? Is it possible to get a date in my favor so that it is easy for me to make that drive?
Regards,
KG
KG,
I recommend hiring a traffic attorney so you won’t have to go. If you don’t want to retain an attorney, then ask the court for a new conference date and handle it yourself on that new date. Don’t ask for a trial without first exploring a plea bargain.
Matthew Weiss
212-683-7373
My daughter is a resident of Alberta, Canada and has received a few speeding tickets in New York State. Is it possible for her, as a non-resident of NYS, that she could still accumulate too many speeding tickets or points and that NYS could suspend her driving privileges to drive in their state? Does the NYS DMV or courts start some type of driving record and keep track of points if you do not live in their state?
Susanne,
You daughter has a privilege to use her Albert license in New York but that privilege can be suspended (just like a license can be suspended). New York will keep track of her New York convictions and, if she accumulates too many New York points, her Alberta privilege to drive in New York can be suspended. So, yes, the NYS DMV does create a record for out-of-state drivers with NY convictions and keeps track of them.
I hope was helpful. Feel free to call us for a free consultation regarding your daughter’s NY tickets. Keep in mind, that after only 6 points, an extra fee is triggered and at 11 a suspension can be imposed.
Matthew Weiss
212-683-7373
Hi!
I just had ticket for speeding 31 mph more than speed limit in Rochelle NY. I have clean record, never had nothing before. What is the chance to reduce the ticket and how much is fine all together… 🙁
Thank you so much
Jasmina
Jasmina,
Your chances for a reduction of a speeding ticket in Rochester depends on the court. Email me this information (or post it) and I can better advise you.
The fine for such a ticket is around $300 plus a $450 driver assessment fee.
Matthew Weiss
212-683-7373
mweiss@888redlight.com
I got a speeding ticket on I-88 for going 68 in a posted 55 work zone. I have had a clean driving record for over 30 years until December ’10 when I got a speeding ticket in a small upstate town. I got it reduced to Failure of Obey a Traffic Device – 2 pts – by writing a letter and providing my abstract to the Asst DA. Is it likely I could get a reduction again, or am I screwed?
Sally,
Try to get the new speeding ticket dismissed too. Even though you previously got a reduction for your prior speed, you likely will be offered another similar reduction.
Good luck and, if you need our help or more advice, just give us a call.
Matthew Weiss
212-683-7373
Hi Matthew,
Thank you so much for all your replies, these are extremely helpful!
I just received a ticket on I95 in the bronx going 71 in a 50mph zone. I admit I didn’t see the speed limit change and was going along with traffic, the officer just got me as I was passing another car. I have an otherwise clean driver’s record. I understand NYC doesn’t plea down for traffic tickets, but the officer has everything correct on the ticket and I don’t have much of an argument except that I was going with traffic. Is it worth fighting this? And if so, what is my best defense? Also, is there any way I can get this reduced to a lesser charge (or mph) if I offer to take a driver safety class?
Many thanks,
David
David,
This is a 6-point speeding ticket which carries a fine, surcharge and $300 driver assessment fee. You are right that there is generally no plea bargaining in New York City but we are often able to get speeding tickets likes yours (1 mph into the next speeding category) reduced. This will save you 2 points and $300. Of course, we will try for a dismissal but this is not a likely outcome. Of course, we cannot guarantee a result but I believe the 2-point reduction is very possible.
Call us tomorrow for a free consultation.
Matthew Weiss
212-683-7373
I got a ticket in Queens, NYC on Easter Sunday at 7:15 am reportedly doing 34 mph over the limit (50 mph). He also gave me another ticket for changing lanes without signaling. Altogether this is 10 points : 8 pts for the speeding and 2 points for the failure to signal lane changes. I have a clean record. I dont own a car but intend to buy one soon. Will this affect my insurrance rates. Should I fight these two tickets?
Paul,
This is an 8-point speeding ticket and, therefore, definitely worth fighting. It carries a fine, surcharge and $450 driver assessment fee. The 2-point failure to signal also carries a fine, surcharge and a $150 driver assessment fee. If convicted, these tickets can affect your auto insurance rates. We therefore recommend fighting them.
Feel free to call us for a free consultation.
Matthew Weiss
212-683-7373
I received a speeding ticket for going 68 on a 45 mph zone in Nassau county. Should I be pleading not guilty or plead guilty and ask the judge for leniency as this is my first offense.
Prash,
You should plead not guilty to this 6-point speeding ticket. In the Nassau County traffic court, they will make deals and by fighting the case you will likely save points and money.
Matthew Weiss
212-683-7373
Hello,
I just got a speeding ticket for going 62 in a 30 in New Paltz. The officer (Who was a campus cop if that makes a difference) told me that my car smelled like pot but didnt note this on the ticket. The courthouse i would attend is right in New Paltz so i assume the officer would show up to the court date. Should i have any reservations about pleading not guilty to this case?
Gabe,
This is an 8-point speeding ticket that carries a fine and surcharge plus a $450 driver assessment fee. Therefore, we definitely recommend fighting it. Do not have any reservations.
Feel free to call us for free advice or a free consultation.
Matthew Weiss
212-683-7373
Hey Mr. Weiss!
Got a ticket yesterday going 77 in a 40 (across the RFK bridge)
I had a clean record up to this point, should I plead not guilty? Would that help me get the ticket down to a lesser charge?
Thanks!
BobbyB,
Definitely plead not guilty. Your New York speeding ticket carries 8 points, a fine and surcharge and a $450 Driver Assessment Fee. In New York City, there is not plea bargain (or deals) so you will have to try and beat it after a hearing. However, you have nothing really to lose by fighting it.
If you want professional advice or help, call us for a free consultation.
Matthew Weiss
212-683-7373
Hello,
I got 3 tickets last night in Rochester, NY. I live in NYC and am here for college. I got a ticket for: driving without a license, failure to yield to an emergency vehicle and speeding going 70mph on a 30mph road. I honestly thought it was an ambulance behind me and was trying to get out of the way. The officer said he understood but still had to give me the ticket. On the ticket he noted that I said I thought it was an ambulance and that I know I must stop to an emergency vehicle. I only have my learners permit and was driving a zip-car rental that my friend had gotten. I’m 19 and she’s 20, so I wasn’t supposed to be driving since there wasn’t anyone over 21 with a license in the car. I know that I will probably have my permit taken away and not be able to get my license anytime soon. And it serves me right for driving the way I did. I was thinking of just pleading guilty but was looking at some of your responses to similar questions about speeding and the fine is pretty big. I’m in school on a scholarship and can’t afford to pay $500+ on one ticket let alone with the addition of two more.
What do you think I should do? If I plead guilty around how much would this silly joy ride cost me? Also if I plead not guilty, I’m leaving so go back home soon since school is soon to be out for the summer and won’t be back in Rochester for about 3 months.
-Please help. . . I have no idea what I’m supposed to do.
–Alexandra
Alexandra,
You definitely want to plead NOT GUILTY to all three tickets. If you cannot appear in court, then you can retain a NY traffic lawyer to appear for you. In fact, given the seriousness of the charges, you would be well-served to hire a New York traffic lawyer regardless. The failure to yield the right-of-way is 3 points and the speeding 70/30 is 8 points. The un-licensed carries 0 points but is also serious for someone on a learner’s permit. Therefore, convictions to these charges could substantially impact on you future ability to drive. Plus, the potential 11 points (3 + 8) subjects you to pay an extra fee called the Driver Responsibility Assessment Fee (DRAF) in the amount of $675. With a NY traffic lawyer, you my be able to save part (if not all) of this extra fee. Keep in mind that the DRAF is in addition to the fine and surcharge for each of the three tickets.
Feel free to call us for a free consultation. We are happy to give you free advice or represent you.
Best,
Matthew Weiss
212-683-7373
Hi,
I was issued a speeding ticket and plead not guilty. I was then issued a pre-trial court conference date to discuss a plea bargain agreement in the near future. I am in college and I have class – one of the last weeks of school – during the court date for the conference and I was wondering what I should do to get the conference moved. I live about 5 hours car ride on the highway from the court house so it would really be a hassle given the time is at 9AM. The conference letter says I can call an Assistant DA to discuss a plea bargain. (1) If I do that, what should I say – I was clearly speeding but my argument is that it should be a lesser fine of 4 points rather than the 6 points the fine would be worth because I was going, say 18 mph over and not 24mph over. (2) If I called the DA, would I still have to show up to the conference?
Thank you so much,
Ryan
Ryan,
Call the ADA and discuss your case. You likely can work it out via phone.
Good luck.
Matthew Weiss
Hi. I was involved in a minor car accident a few days ago (I was rear-ended while stopped at a red light). When the officer arrived at the scene, he didn’t want to file a police report even though there was some damage to my rear bumper. He didn’t feel there was enough damage. After asking for a report repeatedly, he finally gave me one, but also issued me a ticket for failure to notify DMV of change of address. He was very annoyed by me. I live in both NY & NJ, but I have a NJ license because I spend most of my time there, but my husband lives in NY and I was driving his car. I want to fight the ticket because I really do spend most of my time in NJ, I vote in NJ, pay my phone bill in NJ etc. Is it worth fighting the ticket?? I don’t want to get a NY license because I’m hardly in NY, only on weekends. What do you think I should do?
Coz,
This ticket carries 0 points and about a $150 fine. If you fight it, you may be able to beat it. You’ll have to prove that you primarily live at the address listed on your license.
Good luck.
Matthew Weiss
Thanks for your response. What do I need to prove I primarily live in NJ? What documents do I need to show?
Hi, I recently got a speeding ticket for doing 15mph over. I wanted to know if here, in New York state, it will be reported to my insurance company. I have three accidents reported to my company, but only the company sees it and not the state since it was on a military base. I just want to know how much it will bring up my insurance. Also, is it worth trying to talk to a judge and explain my situation that I already can’t have insurance til I am 21 years old due to my accidents and that I need to be able to drive to work and school or is it pointless? Some added information the cop that pulled me over stated on the ticket he knew I was speeding due to direct observation not a radar. I didn’t realize how much I was speeding by until he told me, but how do I know I was actually going 15 mph over and not less? Thank you so much for your time.
Tasha,
I would definitely right this speeding ticket. It carries 4 points and, with your other accidents, can hurt your ability to get auto insurance (or get it at a reasonable rate in the future). Any moving violation will be placed on your driving record and, therefore, you insurance company WILL be able to learn about it.
Therefore, it is important to fight any moving violation.
Feel free to call us if you need advice or help fighting your ticket.
Best,
Matthew Weiss
212-683-7373
Matthew, I received a speeding ticket on 3/29/11 for doing 76 in a 55 just north of Albany on I87. The Trooper used a laser, so I assume it’s accurate. He asked me how fast I thought I was going. I said I thought I was going 65, which he noted on the ticket. It’s a 2 hour trip one way from VT to fight the ticket, which is worth it for what looks to be a $500 fine. My question is, will they reduce the fine if I plead not guilty, even though I probably am? I’m 37 years old, and have a clean record. Also, I am a volunteer driver for our local ambulance service. I am obligated to report any moving violations, which may also affect my status. What is the best way to approach this?
Thanks,
Erik
Erik,
You should definitely fight this ticket (even if you are guilty). You will very likely be offered a plea bargain if you fight it. We can appear for you and save you the 4-hour round trip from VT. This is a 6-point speeding ticket and carries a fine, surcharge and $300 Driver Assessment Fee. We can very likely save you points as well as the $300 Driver Assessment Fee.
If you want to handle yourself, feel free to call us for some advice. Or just call us for a free consultation.
Thanks
Matthew Weiss
212-683-7373
Thank you for replying. I was thinking since this is my first offense in over 8 years of driving, I would admit I’m wrong in front of the judge and ask for leniency. Would that be better instead of denying I was speeding?
Hello, I got pulled over doing 58 in a 30 but it was on a off ramp where the speed limit changed drastically. This is my first offense in over 5 years. What should I do? Should I get a lawyer? Thank you for your time.
Wai,
I would fight this 6-point speeding ticket. It carries a fine, surcharge and $300 Driver Assessment Fee. Feel free to call us for free advice or a free consultation.
Matthew Weiss
212-683-7373
I just got a ticket on Monday for doing 94 in a 65 on I-90 from a state trooper. I just had a really bad fight with my boyfriend and was just trying to get back home to school in Connecticut. He said to talk to him and it seemed like he was going to let it go but I am scheduled to appear in court on April 25th. I have a clean record and this is NOT usual behavior. Should I fight the ticket?
Caitlin,
You should definitely fight this 6-point speeding ticket.
Feel free to call us for a free consultation to discuss how we can help.
Best,
Matthew Weiss
212-683-7373
Hi,
I recently got a speeding ticket for going 50 mph in a 30 mph zone in Queens, NYC. I was not aware that the limit was 30 because this ramp connects to two highways on both ends. I just assumed that the limit was still 50 mph. Is this a good enough reason to fight the ticket? What would happen is I plead not-guilty but then lost the case? Would I have to pay extra fines? (It says on the ticket that fines could be higher if found guilty at hearing).
Thank you!
Jenny,
This is not a good defense but you should still fight this ticket. You have nothing to lose. The points for this speeding ticket are the same and the will likely be the same if you fight it and lose.
Feel free to call us for a free consultation to discuss how we can help.
Best,
Matthew Weiss
212-683-7373
will the fine increase if i lose?
thank you!
Hi,
I have a plea bargain meeting tomorrow. In January, I was stopped for speeding on I-87 next to Albany. I was going 82/65. I have had my license for almost 5 years now and this is my first offense ever.
I live in NYC and go to school in Albany, so I have been on the thruway numerous times going similar speeds while passing the troopers, and have never experienced a problem. Why all of a sudden did they decide to stop me?
Obviously, I pleaded non-guilty, which is why I have the plea bargain meeting. I am writing to see if there are any points I can bring up to defend myself and at least reduce the points on my license?
Thank You
Mike,
Be polite and dress nicely (business casual). Don’t deny the charges. Instead, just say that you are hoping to avoid a trial and would like your otherwise clean record to be considered. I would expect that you get offered, at least, a reduction to a 2-point ticket (like VTL 1110a). You may even be offered a 0-point ticket depending on the court.
Good luck.
Matthew Weiss
I just received first ticket in NY state ( in manhattan),
I have NJ license. I got ticket for driving 52 mph in 30 mph zone – speeding violation of 22 mph, adding 6 points on license.
Prior to this violation, my license is clean and have never got ticket for any moving violation.
Is it worth finghting for it? would my insurance go up?
thanks,
Dipesh,
You should definitely fight this 6-point speeding ticket. In addition to a fine and surcharge, a conviction will subject you to a $300 Driver Assessment Fee.
Feel free to call us for a free consultation.
Matthew Weiss
212-683-7373
I just received a speeding ticket for 85 in a 55 mph zone on I-87/287 south of the Tappan Zee bridge in New York.
After merging from an on-ramp (exit 9) to an uphill section of the roadway, a State Police officer was behind me with lights on. After he wrote the ticket, I asked if he had a radar reading and he said he determined speed by pace. He added that he merged onto the highway right after I had.
The ticket has a field for “Arrest Type” indicating: 2-RADAR
Is that relevant, given there was no radar verification?
The second page of the ticket has a supporting deposition, indicating:
Charge based on officer’s: Direct Observation
Speed Verified by: Pace
Additional Information: After Entering I-87 S/B, the defendant enter the center lane, accelerated, and then was paced at 85 MPH for 1/2 mile.
I don’t believe I was doing 85 (I was incredulous) and there is no radar to verify that claim, but I was accelerating up the hill to avoid oncoming cars in an uphill section of road in an underpowered car, so I needed to gain speed to merge with traffic and get up the hill. I can’t imagine he was following me for 1/2 mile at 85 off the on-ramp. Ironically, the officer chastised me for doing 85 with a baby in the car when really, I needed additional speed for safety. (But it seems that’s not a defense.)
It seems I should fight this — it looks like 6 points plus fines. Is my case stronger without a radar reading?
The summons has an Appearance Date in about a month in Tarrytown Village Court.
Do I?:
-Appear on the Appearance Date and plead not guilty? (Is this my trial date?)
-Send in the “Not Guilty” Plea? (And is a conference or trial date set later?)
What are my chances of getting this dismissed/reduced?
Any advice/suggestions are helpful.
…to clarify, I needed to move towards the left of the roadway (from on-ramp at far right) as the road splits between I-287/87 South. Not sure if this matters.
I have an otherwise clean recent traffic record, to put the ticket and my situation into context.
Again, thanks.
– Jason
Jason,
Yes, you are charged with a 6-point speeding ticket. This ticket carries a fine, surcharge and a $300 Driver Assessment fee. Therefore, you definitely want to fight it.
If there is no radar or laser involved, you have a stronger defense but you want to first serious consider a plea bargain. Winning at trial (especially for a non-lawyer) is tough and, therefore, you want to see what kind of deal you can negotiate.
Yes, you can enter a plea on the Appearance Date but we recommend entering your plea by mail before this date. This is NOT a trial date, by the way.
You chances for a reduction are high especially given your clean record.
Good luck.
Matthew Weiss
212-683-7373
Mr. Weiss,
I was ticketed for doing 80mph in a 65 on I-87 North (near Albany) this past week.
I live in Ontario and hold an Ontario drivers license as well as a Netherlands (EU) license.
Since the Netherlands does not have a points system I chose to hand the officer my Dutch license rather than my Canadian license. This is the license number he put on the ticket. My car however is registered in Ontario so this is the address he used under my name.
Do you think that since he did not see my or knows that I have a Canadian license I am protected from any record/insurance impact, or do you think that solely based on my address this ticket would still go on my record?
Consequently, should I just plead guilty, pay the fine and be done with it, or should I fight this? (going back down to Albany for a court date is not going to work)…
I look forward to hearing from you and think your feedback on this website is remarkable and very very helpful!
Thanks,
David
David,
I couldn’t possibly guess whether Ontario DMV will figure it out. Your best bet is to fight this ticket and get it reduced to a lesser charge (hopefully one which carries 0 demerit points in Ontario).
If you cannot make it down to New York, feel free to call us for a free consultation. We can handle this case without you needing to go.
Best,
Matthew Weiss
212-683-7373
My daughter (19 years) has been driving for 18 months. She recently received a summons (1110A) Failure to Obey. She failed to notice that a turn is not allowed during certain hours of the day (she usually reaches this corner at a later time of day and never took notice of the sign). Her father told her that she is now on automatic probation. Is this the case if she has no prior tickets????
Thanks!
Jene,
Your daughter’s probationary period only ran for the first 6 months that she was issued a license. Therefore, she is not in too much trouble. A ticket for disobeying a traffic control device carries 2 points, a fine and surcharge. Since she has not prior tickets or issues, this ticket alone should not be a big deal.
It can’t hurt to fight it but don’t lose too much sleeping worrying about it.
Matthew Weiss
212-683-7373
Hi,
I just got pulled over for going 77 in a 55 in Suffolk County. Not sure what I should do here, from what I read Suffolk doesn’t do plea bargins? I know I’m looking at $195 + the $300 driver responsibility assessment charge. I’m thinking of pleading not guilty, but not sure what to do next?
-Shane
Shane,
Yes, you want to plead not guilty. This is a 6-point speeding ticket which carries a fine, surcharge and $300 Driver Assessment Fee. At the Hauppauge Traffic Violations Bureau, there is generally no plea bargaining. However, because your ticket is only 2 mph into the 6-point speeding category, you may be able to get it knocked down to a 4-point speeding ticket saving 2 points and the $300 Driver Assessment fee.
Feel free to call us to discuss or for help, but regardless definitely fight it.
Matthew Weiss
212-683-7373
Hello, hope this question has not been asked of you too many times already.
I was pulled over for 72 in a 55 by a state trooper on the 290. On the ticket he actually wrote that I had said that I was speeding and that I was not in an emergency. How can I get this ticket reduced when it says right on it that I knew what I was doing? Can I still plead not guilty? This is also my second moving violation, I was pulled over in August for being on my phone while driving.
Thanks for your help, Katie
Katie,
Yes, plead NOT guilty. You will be given a conference date where you can negotiate a reduction of your speeding ticket. The fact that they made a damaging admission or that the prosecutor has an otherwise strong case does not affect the fact that the he or she will prefer to work out a plea bargain (rather than spending more time conducting a trial).
Good luck.
Matthew Weiss
212-683-7373
I live in New York and I received a ticket for running a stop sign. However, I made a complete stop and had to move up a foot to see beyond a tree that was on my right. I made a stop after that as well before proceeding to cross the intersection.
I have to send the in the not guilty plea. Do I request a supporting deposition? I do want to fight this because I did not run that stop sign.
Any information will help.
Patricia,
Yes, you can demand the supporting deposition and, if you don’t get it within 30 days of your demand, you can then ask for dismissal of the case. In any event, depending the court, you likely will be offered a reduction of the 3-point ticket prior to trial.
Good luck.
Matthew Weiss
212-683-7373
I just got pulled over on I87S right before Stew Leonards. I was driving with the traffic, with a car right behind me going about 70. State police was sitting on the side and came into the road after the guy behind me. He pulled us both over. He said he clocked me at 76 and I told him I wasn’t going that fast. He reduced it to 60 in a 55. It’s scheduled for local criminal court (greenburgh) on 3/25/11. Should I send it in with a “Not Guilty” plea? My record is clean (never recieved a ticket).
Thanks
Barbara,
Yes, plead not guilty. At the court date, you likely will be offered a further reduced charge. If not, you can always just plead guilty to the originally reduced 3-point speeding ticket.
Good luck.
Matt
PS If you cannot make it, we can send one of our lawyers to handle it for you.
Hi Matt
Quick question . I’m a NY resident travel to NJ for work every day. I recieved a ticket for 75 in 55 by the wonderful County Police( Bergen) . I went to court got it ammended to 0 points ,but the fines were extremly heavy $167.00 ticket $33.00 court cost & $250.00 surcharge (they said was Mandatory). Being that NY does not give points for out of state tickets. should i have just paid the fine & took the points. or would it have effected my ins. rates ????
Mike,
Do you think the costs would have been less if you just pled guilty? I tend to doubt it.
In any event, a NJ conviction will be reported to NY. So, although points do not transfer, your NY insurance company could learn about the NJ conviction and use it against you. You will need to contact your NY insurance company to find out how it treats out-of-state convictions. Each insurance company is different.
Best,
Matt
Yes it would have been 200.00 for speeding & 33 court cost would have saved 207.00 but prob would took it in the long run on Ins. thanks for the reply .
Hi,
I got a speeding ticket in rockland county last month doing 40 in a 25. The officer said to go to court plead guilty to get no points and a reduced fee. My question is is this worth doing? If I just paid the ticket how much would it be? And would I get points? I live in NJ.
Adam,
Yes, it is worth fighting. This ticket carries 4 points in NY and 2 in NJ. If you appear, you’ll be offered a lesser charge in exchange for pleading guilty.
I hope this helps. If you cannot make it, we can go for you. Give us a call if you have any questions.
Matthew Weiss
212-683-7373
Thanks for the quick response. I appreciate it. I have one more question…
If I were to negotiate for a plea bargain, should I say upfront that I am willing to reduce it to a 10-20 mph ticket for 4 points or is that giving up too much? By the way, I am willing to pay for a reduced ticket, but am wondering if I can bargain for better.
Thanks a bunch,
Paul
I was pulled over today for going 89 in a 65mph area. This will be 6 points on my license. I have an otherwise clean record but am wondering if and how I should negotiate a plea bargain. I don’t really have a real explanation for the incident as I was nearly the only one on the road. Should I go to court? How much would the ticket most likely be for? If I were to go to court for it can I create a bargain of traffic school in NYS for say fewer points on my license?
Thanks a bunch,
Paul
Paul,
You can negotiate it on your first court date. You don’t need a really good reason to get a plea bargain offer. Just ask what can we do to avoid a trial? That should do it.
This ticket has about a $150 fine plus a $300 driver assessment fee. It also carries 6 points and can hurt your auto insurance rates. Therefore, it is definitely worth fighting.
Good luck.
Matthew Weiss
Hello,
I got a speeding ticket on I-95 near New Rochelle for 70 in a 55 zone. I have a CT license. I have never received a ticket since I started driving (10 years ago). I understand that the points don’t transfer to CT. Should I plead not guilty? Will my insurance rates go up (I made a claim for a minor accident two and a half years ago)?
Thank you.
Harry,
This is a 4-point speeding ticket in New York. Points do NOT transfer to Connecticut although a conviction will be reported to CT DMV. You should check with your CT insurance company to see if they can/will hold a NY speeding ticket conviction against you.
Best,
Matthew Weiss
Today I was driving down a hill in a 30 zone. I was passing a school and it was 7:30 in the morning. I thought the school zone speed limit wasn’t in effect until 8 but apparently it started at 7. I ha coasted down the hill and an officer was sitting behind a sign at the school. He pulled me over and I got a 43 in a 20. I’m 16 and this is my 5th month after getting my liscense. What should I do?
Taylor,
This is a 6-point speeding ticket and therefore something you should fight especially because you are on probation.
Feel free to call us for advice or help fighting it.
Matthew Weiss
212-683-7373
Hello,
I received a speeding ticket o nRt. 88 for going 76 in a 55 zone on my way home from school last week. I am from RI and have a clean driving record. The ticket has an appearance date on it. Should I plead not guilty and ask for a conference at my hearing? The officer also recomended I fill out a plea reduction form that can be found on the Otego County Courts website. Any recomendations?
Thanks.
Nate,
Fill out that form and send it in. You’ll like get a decent offer which you’ll accept and avoid court.
If you have a problem, feel free to call us.
Matthew Weiss
212-683-7373
I stand corrected it was 76 in a 65, not a 55. And, I should send the plea reduction form in along with the ticket pleading not guilty?
Thank you.
Hello.
I just received a ” pre-trial hearing” summons for a speeding ticket (75 in a 55) that I got 17 years ago!! What should I do and what’s the worst that could happen? I am a Canadian citizen. I live in Montreal,Quebec. Is there any way this conference can be done over the phone ? Any suggestions?
Carole,
You can trying call the court about resolving it over the phone. If not, then call us and we can handle it without you needing to leave Canada. We’ll clear the suspension and get this thing resolved for you.
Matthew Weiss
212-683-7373
Hello again
I recently completed the defensive driver course linked from this site but my courtdate is not until next monday and after completion unfortunetly I was informed that if I take the course before I actually have any points on my record it will be useless. Is that true? I was under the impression you were able to take the course from the moment you got the ticket and I asked them before I even signed up if that was accurate and was told YES but afterwards they changed their story. Am I screwed here? Is there any remedy to this situation?..Or if I bring it to court with me will they take the 4 points off there instead of at the DMV ? I am very very concerned right now because if I don’t get these points I could possibly lose my license which I absolutely positively need.
Hello,
I would like to file a Motion to Dismiss for failure to provide a supporting deposition. What form does this need to take in Orange County, NY and upon whom does it need to be served?
CTO,
Call the court for guidance to ensure you follow their local rules. But you will need a paper called a Notice Of Motion, and a supporting affidavit with attached exhibits.
I called the court and was advised that they have no such form and that they do not give out the address for the town prosecutor and that the prosecutor would “plea for me.” This doesn’t sound right. Can I attach a Notice of Motion and a supporting affidavit by mail to the town clerk cc’ing the prosecutor and Judge if they won’t give me the address?
And if I file the Motion by mail – will I have to appear in court on the specified day?