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
I have a question. My son and I are going to a pretrial conference for a ticket he got in NY. It was for doing 49 in a 30 coming into a small town. There’s a mistake on the ticket in that the date to respond was dated before the ticket was issued. He was in the process of slowing to 30 when he was stopped. Are either of these issues grounds for a dismissal or reduction?
Rosanne,
Point out the wrong date that may help. Either way, you should be able to negotiate a reduction.
Good luck!
Matthew Weiss
Hi, I just got my first speeding ticket for doing 70 on a 55mph. How much will I have to pay for the ticket. And is there a chance that they can either reduce the ticket or drop it all together.
Sasha,
The fine for this ticket will be roughly $200 and, yes, if you plead not guilty, you have a chance to get it reduced (assuming the ticket is not returnable at one of the Traffic Violations Bureaus).
Matthew Weiss
I live in PA and received a speeding ticket in NY close to the Canadian Thousand Island border crossing for 63 in a 40 mile zone. Not understanding the process as this is the first ticket I have recieved in 40 years of driving I pleaded quilty and payed the $195 fine. Once paid I just received a notice assigning 6 points to my drivers license and another fine of $300. 4 questions –
1. will these points be assigned to my PA license – where exactly do these points reside?
2. can I reduce these points and the fine by taking a driver safety class?
3. if so can I take it on line or do I have to travel back to NY state some where to take the class or can I take a class in PA somewhere – how would I notify the Court that I took the class so my points and fine would be reduced
4 how does all of this affect my insurance?
thanks for your help
Wendy,
Answers follow each of your questions below.
1. will these points be assigned to my PA license – where exactly do these points reside? No. Points from NY do not transfer to PA. However, the NY conviction will be reported to PA and can hurt your PA insurance rates.
2. can I reduce these points and the fine by taking a driver safety class? Yes, you can remove up to 4 NY points by taking a NY Driver Safety Class.
3. if so can I take it online or do I have to travel back to NY state some where to take the class or can I take a class in PA somewhere – how would I notify the Court that I took the class so my points and fine would be reduced. You can take it online and the class administer will notify NY DMV.
4 how does all of this affect my insurance? You should contact your PA insurance company and ask them what happens if you are convicted of this ticket. See also my response to 1.
Matthew Weiss
I got a ticket today in Passaic, N. J for going 73 in a 55mph zone. I scheduled a court date. The traffic violation says that I’ll get 4 points on my license. I’ve never had a ticket, how much do I have to pay to avoid those 4 point on my license??
Paola,
I am only licensed in New York and don’t practice in New Jersey. Therefore, I cannot answer your question. Try contacting a NJ traffic lawyer.
Good luck.
Matthew Weiss
We live in Connecitcut and my wife received a ticket stating she was going 70 in a 55. She’s had a clean record for at least 3 years. This however was about 3 hours away in Shandaken, NY. Is it worth it to fight?
Adam,
Points from a NY ticket will not transfer to your wife’s CT license. However, it will be reported to CT and could affect her auto insurance rates. We therefore recommend fighting it.
If she does not want to travel that far, she can retain a New York traffic ticket lawyer to appear for her.
Matthew Weiss
Hii I got a speeding ticket(my license is nys) on the thruway,near Syracuse, for going 80 in a 65 I’m 19 and worried it will effect my insurance rate. Will the insurance company be notified of this ticket? And can I fight this myself if I choose to ? I don’t want to hire a lawyer.
Jill,
Even if you are convicted of this ticket, your insurance rates will not increase as long as you have (and maintain for 36 months) an otherwise clean record. A speeding ticket that is 15 mph (or less) cannot raise your rates in New York with any otherwise clean record. With that said, I still recommend that you plead not guilty and fight this ticket.
Matthew Weiss
Hi,
I got a ticket for disobey traffic sign today. I don’t believe I did cause I cross right where the line was still dotted and not bold, but the officer made some mistakes on the ticket. he got the zip code of my address wrong, he got my name backwards (instead of kristen rose he put rose kristen) other than that everything else looks okay.. is there a way to fight this ticket? Or should I just pay the fine?
Kristen
Kristen,
Those mistakes are not enough to beat your disobey traffic control device ticket (VTL 1110a).
There are other ways to fight this ticket. Definitely plead not guilty and read some of my other replies on this thread.
Best of luck!
Matthew Weiss
Hi,
I got a ticket in Valhalla, NY for speeding 52 in a 35 zone. The area was a construction area however the officer told me he would not indicate that on the ticket which would save me some money. I plead not guilty to this ticket. This all happened about 2 1/2 years ago. I just received a letter from the court for a court date for this ticket that i received 2 1/2 years ago. Is there anyway I can claim a statue of limitations expiring on this ticket as I do not remember much about it.
Bilal,
Unfortunately, there is not statute of limitations for traffic tickets in New York State. You or your NY traffic lawyer will have to appear on the scheduled court date.
Matthew Weiss
I am going in to court tomorrow at 8:30 am for a speeding ticket of over 31 miles over limit
I had a retinal surgery and have been out of the game for a month now…i really have focused on my eye and realized that my court date is tomorrow
Jan 4
8:30am
Is there any hope for me getting someone to help me out?
I do have proof of my surgery.
Eric
Eric,
Unlike many law firms, we are quite agile and can help you (even on such short notice). We’ll call you this morning and arrange for one of experienced traffic lawyers to meet you at the court.
Matthew Weiss
Hello,
Today, I received a speeding ticket for doing 66 on 45. I have a NY license. I got this in the town of Colonie, NY. Can you please tell me what my next step should be? How much it world cost to get a traffic lawyer.
Thank you,
Any help is Appreciated.
Vince,
You should plead not guilty and fight this 6-point speeding ticket. The cost for a New York traffic lawyer should be roughly $400 to $600.
Matthew Weiss
Hi,
I have a NY license and received a ticket for going 78 on a 55 mph (taconic). This is the first ticket I have ever gotten. Reading all of the other comments, I am guessing I should plead not guilty; however, do I need a lawyer? I have heard of some people pleading not guilty without a lawyer. If I choose to do that what should I expect?
Scott,
If you have the time, you can handle this ticket yourself. Some people are too busy or nervous to handle themselves and, for them, they should get an experienced NY traffic lawyer. Sometimes a NY traffic lawyer can get you a better result than you could get for yourself. Given your clean record, however, you likely could get yourself a decent (if not better) outcome.
Good luck.
Matthew Weiss
Hi,
I was ticketed for going 81 in a 65 (going south on 87), I have a NJ license with a couple of minor moving violations in NJ in the past. Is this worth fighting, even if I really don’t want to spend my time going back up to that area to talk to some turd of a judge? Is it ever worth it to ignore a ticket?
Anton,
Do NOT ignore this ticket. Otherwise, you’re privilege to drive in NY with your NU license will be suspended and NJ will, then, honor the suspension. Because you have other blemishes on your record, I recommend that you fight this speeding ticket. If you are convicted, you’ll get 4 NY points and NJ will give you 2 points on your NJ license.
Matthew Weiss
Hi Matt, I got my first ever speeding ticket today going 80 in a 65, near Goshen NY. I’ve never had a moving violation before, or anything else wrong with my license. Should I fight this ticket or just pay the fine?
Thanks in advance
~Justin
Justin L,
You should plead not guilty and fight this ticket. If you do, you likely can get this reduced to a less serious charge.
Matthew Weiss
i was driving on the southern state pkwy, in suffolk county N.Y and i recieved a speeding ticket for doing 98 mph in a 55 mph zone. i was not paying attention and was tired from studying, due to my upcoming finals for law school, and i just wanted to get home. I personally know im guilty, so what could possibly be my defense for this. I can not afford to pay any excessive fine because I am a un-employed law student. This is my first driving offense, i have a clean driving record. So should i plead guilty or not guilty? is there the slight possibility i can get this ticket reduced,? and is there a possibility of not recieving 11 points on my license. What are your suggestions?
Ade,
You definitely want to plead not guilty. This is a very serious speeding ticket which carries 11 points and a possible suspension. Given the seriousness of the charge, I suggest that you get advice from a New York traffic lawyer.
Matthew Weiss
I was recently stopped on a stretch of highway in Roscoe, NY. Along that highway the speed limit changes from 55 to 65 back and forth. I was in a 55 area and was very aware of the speed limit so I was traveling at about 60 to 63 mph with cruise control. I hit an area of traffic with 3 cars, one in front of me, and two in the passing lane next to me. The car in front of me was going well below the 55mph limit and I had slowed down behind it. I can’t say how fast the two cars were going next to me, but next thing I know is I’m getting pulled over. The officer told me that the radar picked me up at going 74 mph and promptly wrote me a ticket. There is NO way I was going 74 mph. I have two speeding tickets on my record, and have learned to not speed anymore. Also I am very aware of the state troopers in Roscoe, NY and know they are quick to pull people over. I also know that there is not much I can do to prove my innocence, but as a lawyer do you know anything that I could do/say? I’m very frustrated.
Jerry,
This is very serious. A third speeding ticket within 18 months will result in a mandatory 6-month revocation. I recommend that you speak with a New York traffic lawyer before you proceed any further.
Matthew Weiss
Matt,
Last night at around 8 I got stopped for going 80 in a 65 MPH zone on the I87 North near Peru NY (about 5/10 miles south of Plattsburgh.
The officer told me I can plead by mail or show up in court on Jan 10 2012.
I live in Brooklyn NY and Peru is about 6 / 7 hours drive. Is there a way to have a plea agreement / reduction by mail? Or is it worth to spend 12 hours drive and 100 $ in gas to appear in court? I have a clean records no points on the license. it is the first time I got stopped for speeding. I guess that the officer will show up in court being a small town.
Thanks for your advice.
Stefano,
This ticket carries 4 points and roughly a $200 fine. If you don’t/can’t go to Peru Traffic Court, then can retain a NY traffic lawyer to appear for you. If you have an otherwise clean record (no other convictions or accidents within 36 months), then this ticket will not result in your insurance rates going up.
Matthew Weiss
Hello,
I received a speeding ticket for going 82 in a 55 (of course it turned into 65 zone about a mile up the highway) in Broome County, NY (Binghamton). I was in a rental car and have a CA drivers license. I do not own a car so don’t pay insurance. From the above it seems that this ticket will be in excess of $400. Would you recommend just paying the ticket, or pleading not guilty (I could get back to Binghamton for court if need be) to see if I could get the fine reduced?
Thank you,
Kathleen
Kathleen,
We recommend that you fight this Broome County speeding ticket. This NY speeding ticket carries 6 points, roughly a $200 fine plus a $300 Driver Assessment Fee. If you fight it, you can likely save 2 points and the $300 Driver Assessment Fee.
By the way, points from a New York ticket will transfer onto your California license.
Matthew Weiss
Matthew Weiss
Ticket in Suffolk County NY….office hit me with a 42 in a 20 (school zone). I absolutely was not going 42…I looked at my speedometer when I saw him and it was, at most, 32. I admitted to 32 and he says “42/32, you are still speeding in a school zone”. Is there any point in arguing in court…his word against mine? This is my first ticket ever, first time even being pulled over…and I am 55. Are the fines and points the same even if I could get it lowered to 32 in a 20? I am just so ticked off!!
Jeffrae,
A 42/20 speeding ticket in school zone carries 6 points, roughly a $400 fine and a $300 Driver Assessment Fee. If you fight it, you might be able to save the $300 Driver Assessment Fee.
Matthew Weiss
The only way I would be interested in wasting a day of pay would be if I could get it lowered to 32mph that I was pleading guilty too. Then I believe the points on my license would be 4 and with the torture of taking the drivers safety course I could then erase the 4 points and have a clean license…with 6 pts. I can only erase 4 of them. It just annoys me that he wrote it for 42 and jacked the pts, fine etc. It would be his word against mine…no speed trap, he was following me. I mean really, how stupid do you think I could be for continuing to drive at 42mph, with a cop following me and knowing I had just entered a school zone. Grrrrr!
Jeffrae,
I actually think that a reduction to 32/20 from a 42/20 is possible in this court.
Good luck.
Matthew Weiss
hi I just got a ticket in nyc going 46 in a 30 miles zone ,I live in California will it go on my California license.will my insurance find out? Also if I plead not guilty the police officer told me about some affidavit what’s it mean and what you think I should plead .I already have one speeding ticket about 2 years ago thanks.
Rob,
Points from a New York conviction WILL transfer to your California license and your insurance company will learn about it. We therefore recommend that you fight this speeding tickett.
Matthew Weiss
thanks for the reply.how do I fight it if I plead not guilty they give me a court date ,that means I have to fly back to nyc to appear in court .
I’m a New Jersey Driver and received a 21 over speeding ticket. Can I fight the ticket on my own or is it obligated to get a lawyer to fight it for me?
Jeffrey,
You can fight it on your own but you chances of achieving the best result are often enhanced with an experienced traffic lawyer fighting for you.
Matthew Weiss
Matthew-
I live in RI, but was traveling through NY on my way to Chicago for work. I received a speeding ticket for going 30mph over the speed limit. I have a good driving record. Should I fight this ticket? Also, approximately how much will this ticket cost me if I don’t fight it?
Thank you!
Lori
Lori,
This speeding ticket will cost you roughly $200 in fines and $300 in the Drive Assessment Fee. If you fight it, you likely can avoid the $300 Driver Assessment Fee and get the charge reduced to a less serious offense.
Matthew Weiss
I got speeding ticket on LIE 15 years ago. Plead not guilty and was told that court date will be set up for me. I received a note about court date 2 days ago. It’s next week. Should I go for plea bargaing? Is this case even legit after 15 years?
Thanks,
Yef
Yef,
You can ask for a trial. You’ll get a new date for the trial and officer likely won’t be there. If he isn’t there, you win. If he appears, you can always plea bargain it then.
Good luck.
Matthew Weiss
I recieved a letter from the DMV saying that my license will be suspended on the 21 December for failure to answer a summons for a speeding ticket that I never recieved in September of 2004. Can they actually do this, seeing as how I never got a speeding ticket, have had the same home of record address for the past 7 years in which I never got any correspondence, and currently have been living overseas for the past 4 and a half years?
Victoria,
You should request the ticket info. This may help you determine why they are claiming that you received it (and didn’t answer it).
Matthew Weiss
Matthew,
A couple days ago I was pulled over on the Clearview Expressway in Queens for speeding. The officer wrote me up for doing 69 mph in a 50, though I know that the needle on my speedometer never passed the 65 mph mark. My car is 20 years old and the speedometer was broken once before, which I got “fixed” a few years back (it may never have been completely fixed). I read your article about the TVBs and understand that it might not even be worth it to please not guilty, but if I go and get my speedometer repaired and show a receipt, would that help my case at all?
Even if that doesn’t get me off, what if I say because of the broken speedometer, I thought I was only going 62? I know the charge is the same for any speed between 11-20 over ($195 and 4 points), but I have a spotless driving record and am mostly concerned with whether or not a 7 mph difference will make or break my insurance going up.
Does none of this matter because we’re talking about a TVB?
I live in upstate New York (approx. 3 hours away from the TVB), so if neither of those matter, I would be inclined to just plead guilty. I am new to all this really appreciate any advice.
Thanks for all your help.
Ryan,
A broken speedometer is not a valid defense to a speeding ticket in New York. Further, you admittedly were speeding (albeit 62, not 69). Therefore, you proposed strategy will likely not be successful (in my opinion).
I hope this helps you decide what to do.
Matthew Weiss
Hi, my apologies if this is a repeat question but I just don’t have the time to filter through all these comments.
I went 50 mph in a 30 mph zone. I have 0 points in my license. I am wondering if I can plead not guilty, get summoned to court, and have a chance of me simply paying the fine w/o 4 points being added to my record. Or, should I simply pay it. Take a defensive driving course to have the 4 pnts removed? Please advise, thank you.
Andy,
In NYC, Rochester, Buffalo and most of Suffolk County you cannot plea bargain. If your speeding ticket was issued at these locations, your only chance for a more favorable outcome is by pleading not guilty. Here is an article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau” which will help you better understand what you’re up against.
Elsewhere, you can plead not guilty and, then, negotiate a reduction to a lesser charge.
Good luck.
Matthew Weiss
Hello Matthew,
Many thanks for this website, it is extremely useful for those of us who have never had a speeding ticket in NYS in the past. I’ve learned quite a bit from other situations described here (which is why I’m 99% certain I will plead not guilty), so my questions are a bit more specific.
In a nutshell, I’m from Ontario and received a ticket under 1180D for doing 80 MPH in a 65 MPH on Route 17 in the Town of Liberty (Sullivan County). This is my first ticket of any kind, in any jurisdiction, since I was first licensed almost twenty years ago.
1) With regards to mistakes on the ticket, my surname is incorrect (last two letters are omitted), and the place of occurrence does not indicate a direction (it simply reads “ST RT 17”). Are these relevant?
2) The ticket indicates “This matter is scheduled to be handled on the appearance date below” and lists January 12th, 2012 at 9:00AM as the date; is this the date I have a conference to negotiate, or is this an actual court date? If I plead not guilty, will this change the January 12th date?
3) Related to question 2, to the best of your knowledge, can I negotiate a reduction by mail or telephone in Liberty, or does that town require in-person negotiations? I’m not keen on driving six hours, spending an overnight and driving another six hours, but I’m also not keen on having the points transferred to my Ontario DL with the potential hit to my insurance. If I choose to show up in Liberty on January 12th, do I still need to mail my not guilty plea beforehand?
4) I note that in NYS, there is a 3 point hit for speeding up to 10MPH above the speed limit, but Ontario does not have any demerit points for speeding offenses below 16KM/H (10MPH). Am I correct in reading that if I can negotiate the offense to below 10MPH that I will no longer have any points transferred to Ontario?
Many thanks for your help, and for taking the time to answer queries on this website!
Sandy,
Answers in bold follow your questions below:
1) With regards to mistakes on the ticket, my surname is incorrect (last two letters are omitted), and the place of occurrence does not indicate a direction (it simply reads “ST RT 17″). Are these relevant? The mistake in your surname won’t help. This minor error does not render the ticket defective. The omission of your direction of travel also does not render the ticket defective although, if you were to go to trial, the officer must be able to testify about your direction. Presumably, the officer will have this information in his or her notes (or it is on your supporting deposition already).
2) The ticket indicates “This matter is scheduled to be handled on the appearance date below” and lists January 12th, 2012 at 9:00AM as the date; is this the date I have a conference to negotiate, or is this an actual court date? If I plead not guilty, will this change the January 12th date? January 12th is your arraignment date (i.e., the date you enter your plea). Usually, you have to come back another day for your conference.
3) Related to question 2, to the best of your knowledge, can I negotiate a reduction by mail or telephone in Liberty, or does that town require in-person negotiations? I’m not keen on driving six hours, spending an overnight and driving another six hours, but I’m also not keen on having the points transferred to my Ontario DL with the potential hit to my insurance. If I choose to show up in Liberty on January 12th, do I still need to mail my not guilty plea beforehand? At this court, a personal appearance is required by you or your traffic lawyer. You can enter your plea via mail.
4) I note that in NYS, there is a 3 point hit for speeding up to 10MPH above the speed limit, but Ontario does not have any demerit points for speeding offenses below 16KM/H (10MPH). Am I correct in reading that if I can negotiate the offense to below 10MPH that I will no longer have any points transferred to Ontario? Yes.
Matthew Weiss
I am from Massachusetts and received a 1110a. should I plead guilty. How do points carry over from NY to MA?
Thank you
Jay,
A disobeying a traffic control device ticket under NY’s VTL 1110a carries 2 points in New York. A conviction to this offense will transfer as 2 points to your Massachusetts license. We therefore recommend that you plead not guilty and fight this ticket.
Matthew Weiss
Dear Mr. Weiss – today I received a speeding ticket on 684 in Westchester County for driving 96 in a 65 mile zone. I may have been above the speed limit but do not believe I was going 96mph. I was in the left hand lane with other cars at the time and no one else was pulled over.
I am licensed in CT. Should I fight this- I see that it is a great deal of points and potential suspension of my license. I have a clean driving record and am 51 years old. If I do fight, how do I decide if I should retain a lawyer to help? Thanks
Theresa,
We recommend that you fight this speeding ticket. This speeding ticket carries 8 points, roughly a $300 fine and a $450 Driver Assessment Fee. It also could result in a suspension being imposed. We definitely recommend that you fight this ticket and retain an experienced NY traffic lawyer to help you.
Matthew Weiss
I recently got a speeding ticket going 80mph in a 40mph speed limit on FDR Drive. I have a clean record and this would be my first offense. I have a New Jersey license.
I am currently 23 and have never gotten a speeding ticket. I noticed you said that I will need to have at least two convictions in order for my insurance rates to go up. The officer I spoke to told me to plead guilty and simply explain my situation that I had to go the bathroom (that was my excuse). Do I have a chance of possibly avoiding a penalty? Would I also have the ability to continuously push back my date for a court appearance as well?
Justine,
In New York, it takes two minor convictions (or one substantial conviction like a 16+ mph speeding) for your insurance company to be able to raise your rates. I don’t know what the rule is in New Jersey so you may want to check with a New Jersey traffic lawyer on this issue. However, a 40 mph over the limit speeding ticket is likely one that would raise your rates (even though you have an otherwise clean driving record). You also could be suspended in New York for such a ticket as it is a required appearance and carries 8 points. New Jersey would honor such a suspension. It also carries roughly a $300 fine and a $450 Driver Assessment Fee. Finally, it will transfer as 2 points in New Jersey. Therefore, you definitely want to fight this NY speeding ticket.
You can push back your court date, at least, twice at the Manhattan South Traffic Violations Bureau or at the Manhattan North Traffic Violations Bureau (one of which will hear your case). However, after that, you likely will have to fight it.
At the Traffic Violations Bureau, they do NOT plea bargain. So every not guilty plea ends up in a hearing, not a deal or settlement. Given the gravity of the charge, we seriously recommend that you retain an experienced New York traffic lawyer.
Matthew Weiss
Hi,
I received a speeding ticket on Dec 21, 2010 on the Belt Parkway in Brooklyn NY. I plead not guilty and was preparing to go to TVB court to fight the ticket and my first scheduled court date was to be on 6/23/2011. Two weeks before that date I got a letter saying my date was pushed back to 12/1/2011. Now, less than two weeks to the court date I just got a letter saying the date was pushed back again to 5/8/2012.
Do you have any insight what this means? Is the officer who ticketed me just too busy to show up or perhaps he forgot about the details of the stop? Is there any way to ask for a dismissal since by the next court date it would have been about 18 months since the ticket was issued? What should I do?
Thanks.
Matt,
These changes are a result of the court or officer administratively changing the dates. Usually they are made if the officer is unavailable as scheduled or if the court has too many cases scheduled for one date. You cannot get the case dismissed based on these reschedules because the court has discretion to control its own calendar. However, the Traffic Violations Bureau system only allows 4 such dates before such changes are rejected.
The good news is that time is on your side. The older the case gets, the better for you.
Matthew Weiss
I was driving on I-87 in NYState and the trooper gave me a ticket for doing 55 in a 50- He said he gave me a break. I have a clean drivers license and live in PA.
1) I plead not guilty and ask for a disposition (haven’t received anything since September of this year which is when it occurred) Do you think the charge will get reduced in court.
2) Is it normal to wait this long for a response or should I write the court inquiring about a trial?
3) Does the points transfer to PA if any points are issued for 5milez over the speed limit.
Gia,
Answers to your questions below.
1) I plead not guilty and ask for a disposition (haven’t received anything since September of this year which is when it occurred) Do you think the charge will get reduced in court? Probably not as the officer already reduced it for you once. You can try but you are risking that the prosecutor amends the ticket back to the original, higher speed.
2) Is it normal to wait this long for a response or should I write the court inquiring about a trial? Some courts take a long time. I’d make sure the court received your not guilty plea, however, just to be safe. Call them.
3) Does the points transfer to PA if any points are issued for 5miles over the speed limit? No, points from NY do not transfer to your PA license, although a NY conviction will be reported to PA and thus your PA insurance carrier can find out about it and use it against you.
Matthew Weiss
Hello,
Today I recievd a traffic summons in Eastchester, NY (westchester county) for talking on my cell phone. I was told by the officer to send in the summons indicating guilty or not guilty. I have a CT drivers license and a clean record – should I send this in guilty or plead not guilty? I really don’t want this violation to affect my insurance rates – do you know the penalty of how it will affect my CT insurance?
Thanks!
Erin,
This ticket carries 2 points in NY but these NY points will not transfer to your CT license. A conviction to this charge will be reported to CT and could affect your insurance.
Therefore, we recommend that you plead not guilty. If you fight it, you likely can negotiate a reduction to a 0-point ticket that won’t affect your insurance.
Matthew Weiss
Hi I know that you are a traffic lawyer for new york but I had a question. I have a New Jersey license and I was driving about to go through the GWB and the cop caught me going thru the HOV lane , I had no idea whatsover my lane was moving slow and that lane was open so i switched into it! I later on saw the sign it was from 7am to 9am carpool lane and it was 8am and I was only one person in the car. you can only go in that lane if you hav carpool 3 or more. so technically i got the ticket in fortlee nj. I looked up my ticket and my offense is issued 2 points to my license!
I have a clean driving record! should I just pay it or is it worth fighting so I can get them removed and if I was to go to court how much would I have to pay approx to get the points removed. i am in my 20s and I really dont want my already high insurance to go up. Please advise! Thanks in advance!
Joanne,
Fight it. You should be able to negotiate it down.
Matthew Weiss
Hello,
I received a speeding ticket near the Catskills doing 83 in a 65 and was wondering if it’s worth hiring a lawyer to go up there and fight the charge for me since it’s very far from me or just plead guilty. Also, I’m not listed as a driver on the insurance for the car I was driving when I got pulled over since I rarely drive so can you please let me know if the insurance rate will increase for the insurance holder for the car I was driving if I were to received any points?
Thank you.
Daniel,
This ticket carries 4 points and roughly a $200 fine. Because you are not listed as a driver on the insurance policy, a conviction will not affect the insurance rates. If you listed or get your own insurance within 36 months, then a conviction to this ticket could impact your rates.
This speeding ticket carries 4 points so we recommend that your fight it. You are generally only allowed 10 points so 4 would be a lot to swallow at one time.
Matthew Weiss
last night i got a ticket in manchester ny for 97 in a 65. the cop pulled over both myself and the car behind me, I am almost positive I was definitely not going that fast. On the ticket it says the charge was based on observation and then verified by laser. what should I do?
Kaylene,
We recommend that you plead not guilty and fight this NY speeding ticket. This ticket carries 6 points, roughly a $200 fine and a $300 Driver Assessment Fee. If you fight this ticket, you likely can save points and money.
Matthew Weiss
Hello Matthew,
About a week ago I got a ticket for doing 70mph on a 50 mph zone on the clearview expressway. I am sure I was going between 60-65 and not 70mph. There is a downhill steep slope which i believe increases the speed of a car. Also the officer was a fairly long distance when he saw me before to determine I was going 70mph. On the ticket there was no rader operator name listed. I am 21 years old with a clean record and this is my first ticket will I be able to fight it and will this affect my insurance rates? Thank you.
Alex,
Yes, you can fight it. The arguments you make can help but, alone, won’t be enough to prevail. I wrote an article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It should help..
Good luck.
Matthew Weiss
To Mr. Weiss
Today i was caught doing 56 mph on a laser on a 35 mph roadway in the Rochester area. the thing is i thought i was going 40-45. i was on probation because i just got my license a month ago, is there a way for me to plead not guilty and get a lesser charge and by the way I’m 18 and this is my first speeding ticket and im really nervous about having my license suspended
Eddie,
You should definitely plead not guilty. I wrote an article entitled “How A New York Traffic Ticket Impacts A Probationary License“. It should help you understand the special rules that apply to you.
There are two type of courts in the Rochester area. One type allows for plea bargaining and the other generally does not. The latter is called the Rochester Traffic Violations Bureau. In the former, you can try to negotiate a reduction. In the latter, they generally do not plea bargaining. Here is another article which I wrote entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It should help.
Good luck.
Matthew Weiss
Hello Matthew,
Thank you for your tips and insights on various ticket scenarios, they are extremely helpful. I received a ticket last night around 1AM. I was caught doing 64 in a 30 zone EXCEPT the 30 zone was a little strip off the Throgs Neck bridge that leads straight into the Clearview Expresseay where it was extremely easy to miss the signs. Also, who does 30 mph on a bridge on NYC these days? I understand that I am guilty, but what would be my basis for an argument if I were to plead not guilty? I’m in the process of buying my first car and I don’t want my insurance rates to be ridiculous. Btw I’m 22, and have only received one other speeding ticket in the past 3 years.
Thanks!
Kevin,
If you plead not guilty, you will not be assigned a hearing date for, at least, 2 months (likely longer). This will give you plenty of time to complete the purchase of a car and obtain insurance. Your insurance company will not know about your open ticket when it assesses your rate. In fact, even if it knew about it, it would not affect your rates. Only convictions can be used against you.
At your hearing, you do not have to admit guilt or even talk. You can win if the officer makes a substantial error, omission or inconsistency. Listen to his testimony and see if any of these things occurs. I wrote an article entitled Fighting A Traffic Ticket At The Traffic Violations Bureau. It should provide further help.
Matthew Weiss
To Mr.weiss
I got a speeding ticket on the belt pkwy in brooklyn NY at 2:30 am(dead at night) for doing 76 on a 50 zone. and he also gave me a ticket for not signaling to change lanes when he was pulling me over. Im pretty sure i signaled to pull over, but he didnt didnt notice since hes crazy lights were flashing all over the place. These tickets equate to a total of about 8 points. The problem is I drive a cab in nyc( was working at the time i was stopped) and in college at the same time. This job is the only thing keeping me afloat and paying my bills and tuition and i cannot get these points on my license (six points means automatic suspension of my hack license). I have one other ticket which i should be able to beat that i recieved about a year and half ago and these tickets that i got in march. but other than that i have a very clean license. is there any way to avoid the six points from the ticket(im willing to beg 😛 ). i have pleaded not guilty and plan on delaying as much as possible. btw can you explain how no contest works.
i would really appreciate some advice i’ve been a total dreaded mess the last few monthes due to this THANKS AGAIN
Alesse,
There is not a “no contest” option” in New York City. Your only options are guilty or not guilty.
Read this article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It should help you understand the process better.
Also, because you are a professional driver, I recommend that you consult with a New York traffic ticket attorney. A traffic lawyer likely can improve your chances of obtaining a favorable result.
Matthew Weiss
my husband recieve a speeding ticket, the trooper saif he was going 73 in an area that just turned 55 from 65 on the trhuway, even tought there where plenty of canadian cars going much faster , he tagged mu husband who so far has a clean record, when I read the ticket, the ticket said blue 1997 GMC truck, my husband drives a 2005 Chevy Silverado, color silverhaze, the previous mentioned truck was once owned by my husband but totaled over a year ago. Is this a reason to have the case dismissed ?and what are our chances?
Irmgard,
This minor mistake will not be enough to get a dismissal. There are other ways, however, to obtain a favorable result. Start by pleading not guilty and reading some of my other comments to this blog post.
Matthew Weiss
I talked to a friend of mine , a prosecuter in our county and she said that I should ask to to have the ticket dropped down to a parking ticket, which they allmost allways do and if the officer refuses , we should go in front of the judge stating the mistake on the ticket, which she says is enought reason reason for dismissal , the ticket even states the wrong color, it says blue truck , my husband never owned a blue truck, a green on yes, which I mentioned was totaled in a deer accident over a year ago, the same opinion is shared by a neighbour who is a local sherrif, but we will talk to the trooper first and see what he says
I believe i will write the letter….so then my process should be plead not guilty and send in the letter?
If i didn’t do that how much does it cost to have a Ny Traffic lawyer appear for me?
Hello,
I just got a ticket in new Rochelle for 1180d. I was doing 49 in a 30. On the ticket it has no fine or anything. This is my first ticket and I really don’t want my parents to find out! The fine isnt the hard part. What should I do to avoid the state from sending me anything in the mail? And how much will the ticket cost? And will it go through my insurance at all?
Erica M,
The New Rochelle traffic court will send notices about your case to the address listed on your ticket. If you live at home, that is where notices will be sent. On the other hand, if you retain a New York traffic lawyer, then your lawyer will notify the court by filing a notice of appearance and all notices will thereafter be sent to the traffic attorney instead.
The fine for this speeding ticket is around $200 and it carries 4 points. This is the type of ticket which can result in insurance rates increasing so it could affect your rates.
Matthew Weiss
I received a speeding ticket in New York State doing 85 in a 65. I live all the way in the poconos in PA. I was told by my cousin that i should plead not guilty but write a letter as well with the ticket stating that due to my job i cannot have any points on my license, as well as not being able to make it to court. He said he did the same thing for himself and it worked and they lowered it to the lowest fine you can receive without points. Is this true or a good idea?
Gino,
Give it a try. Some courts will accept your letter especially since you live far away.
If not, you can retain a NY traffic lawyer to appear for you.
Good luck.
Matthew Weiss
Hey I just received a speeding ticket for 87 in a 55, driving on the LIE. I don’t think I have any points, but I had a speeding ticket in Maryland about 4 years ago and pleaded guilty, paid that one. but the thing that is bothering me is that I got a speeding ticket from a radar camera. I paid it and I don’t think I got points. What should I do? plead guilty? or Fight it?
Rosario,
We recommend that you fight this speeding ticket. It carries 8 points, roughly a $300 fine and a $450 Driver Assessment Fee. If you fight it, you likely can save points and money.
Matthew Weiss
hello!
I’m so lost, i just received a ticket for going 85 in a 55. Its my first ever ticket, just turned 18. Do i plead guilty? i heard there is a class you take which takes off points? how would i go about doing that.
thanks
-sara
Sara,
You should plead not guilty and fight the ticket. Because it is your first ticket, I would wait on the Driver Safety Class (for now).
Matthew Weiss
Got pulled over in Sullivan County, Officer states I was doing 83 in a 65 and recorded via laser. I have a NJ license and the officer put the completely wrong address on the ticket. Whats the best way to fight this and is there ant worthwhile defense. Ticket was issued on 17 W/B, the officer was parked at the bottom of a hill out of normal view. The officers ticket says its based on the officers observation, but cites laser as the verification.
Ken,
You should plead not guilty and fight this ticket. This ticket carries 4 points in NY and will transfer as 2 in NJ. If you fight it, you likely can negotiate a reduced charge and save points.
Matthew Weiss
My gf already has 10 points on her license and just got pulled over doing 65 in a 30 on the Henry Hudson. I lve in NJ and our laws and rules are not this strict so I am very very worried for her. Obviously, we need to fight this, but is there any decent chance in hell, a by having a lawyer, this can be helped? Thank you.
Steve,
Your girl friend obviously must fight this ticket. It is hard to win in New York City but not impossible. She needs an experienced New York traffic lawyer to help her.
Matthew Weiss
Are officers allowed by traffic law in NYS to park their emergency vehicle in a non-emergency situation on a sidewalk for the purpose of issuing “no left turn – except buses” sign violations? From looking at the traffic law section 1104 only authorized vehicles in an actual emergency operation are allowed to park on a sidewalk.
Senario here is that there is a no left sign, if the left is made, police vehicle is posted 2 1/2 blocks in the distance physically flagging vehicles by the dozen and writing “disobey sign” tickets. Upon making the left turn there is a street that allows the police vehicle to park on the corner without affecting traffic in which they can conduct this operation.
Why question is: Is it illegal by traffic law to park on a sidwalk to conduct a non-emergency operation?
and I know this is a stretch, but
Can a person getting a ticket from such an officer in this scenario, providing video proof of them being on the sidewalk fight the issuing of the ticket if it was done in an illegal manner?
Thanks, David
David,
This will not help you. Most judges are not going to punish an officer for illegally parking especially if it is for a legitimate purpose (i.e., enforcement of a sign).
Matthew Weiss
im 17 and got a speeding ticket 43 mph in a 30 coming off a 55 zone, i was slowing down, i know im pleading not guilty and i have a clean driving record, could i get my license taken away???
Michael,
If you have other convictions or were on probation at the time you got the 43/30 speeding ticket, then you can be suspended.
I wrote an article entitled “How A New York Traffic Ticket Impacts A Probationary License“. It should help if you were on probation (i.e., received your license within 6 months of receiving this ticket).
Matthew Weiss
Hello,
I recently recieved a 1172a in NYC for not stopping at stop sign. I truly believed I stopped. I have a spottless NJ license. What will happen to my NJ license and insurance? Is this worth fighting or should I do a driving course to reduce my points? The officer’s car was a NYC taxi cab. Does that make a difference?
Thanks,
Fong
Fong,
A stop sign ticket in NY carries 3 points and will transfer as 2 to NJ. Given your spotless record, you likely can just pay this ticket and not have any problems.
First check with your insurance company.
Matthew Weiss
Thank you for your reply Matthew
Fong