Why Fight A New York Speeding Ticket

921 Comments

The first response that most people give when asked why should they fight their New York speeding violation ticket is points. Speeding convictions in New York State carry 3 to 11 points depending on how many miles per hour over the limit with which you are charged.

New York Speeding Ticket Chart

1 – 10 mph over speed limit 3 points

11 – 20 mph over speed limit 4 points

21 – 30 mph over speed limit 6 points

31 – 40 mph over speed limit 8 points

41+ mph over speed limit 11 points

The better response is that one should fight their New York speeding summons to avoid being suspended for too many points. In other words, it is the consequences of having too many points to which people are averse.

In New York State, if you accumulate more than 10 points, you can be suspended. Additionally, even with just one conviction for 31 mph (or more) over the limit, a judge could suspend your license.

Speeding Ticket and Insurance

The second reason for fighting your New York speeding ticket is auto insurance rates. Most people are aware that having a speeding ticket on your record (among other things) can raise your insurance rates. What many people do not know is that, if you have a clean record (no points or accidents) and you are convicted of one low speeding ticket, your insurance rates will not go up. For insurance purposes, a low speeding ticket is one where you are convicted of only proceeding 15 mph (or less) above the limit.

With insurance rates already high for drivers with a cleaning driving record, it is important to fight your New York speeding ticket to keep your rate as low as possible. Another thing you can do to keep your rates low is to take the driver safety class. This 6-hour class will take 4 points off your New York point total plus save you 10% off your auto insurance.

The last reason to fight your New York State speeding summons is money. The NYC speeding ticket cost is, at least, $90. Plus, New York State adds $50 to the fine making the cost of your speeding ticket $140 (or more). Moreover, for a 6-point speeding ticket conviction (21 mph over the limit or higher), the New York State Department Of Motor Vehicles will impose yet another fee called the Driver Responsibility Assessment Fee of $300. This fee increases by $75 for every point above 6 on your NY motorist’s driving record. Therefore, a conviction to a New York State speeding ticket can get very expensive.

As discussed above, there are, therefore, three very good reasons to fight your NYS speeding ticket even if you have an otherwise clean record. If you have any questions about pleading not guilty to a speeding ticket in NY, or how to fight a speeding ticket in NY, try visiting our website for more helpful information.

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  • Hello, I was wondering if I should fight a recent NY speeding ticket. I was doing 70 in a 55 work zone in Plattsburgh, NY. I have a NJ driving license. I was wondering if I should pay the ticket and just do the course on your website, or to fight the ticket and send in the paperwork for a reduction, or get a lawyer? I was told by their office that the DA does not reduce traffic violations in work zones. Also, how many points will this give me as I have a NJ license. The cop did reduce my ticket so the actual listed speed is 65 in a 55 work zone. Thanks Thanks

    Reply
    • James,

      This reduced speeding ticket is 3 points in NY and will transfer as 2 points onto your NJ license. Because you were already given a break and because your speeding ticket was issued in a work zone, I don’t think you’ll have much success pleading not guilty and fighting this one. Ultimately, you must decide but, at least, you have my opinion.

      In terms of the driver safety class, this online class will remove up to 4 NY points from your NY record.

      Matthew Weiss

      Reply
      • Thank you Mathew, also a question, what would be the fine inclusive of it being in a work zone, and do you pay for that with the plea of guilty or send the plea first and wait for the bill?

        Reply
  • Mr. Weiss,

    Last week I received two traffic tickets on I-87 (NY Thruway) between Harriman and Suffern. One is a speed for 76 in a 65 (grace was given as I was in a construction zone – not noted on the ticket). The other was for “Following to Closely”. On the speeding ticket, it was not noted how my speed was marked – and traffic was moderate, with vehicles around me. The “Following” ticket occurred because another driver made an unsafe lane change from left to center lanes. I made a safe lane change from center to right, and the same driver started drifting halfway into my lane, which I then slowed, and changed back to center, which that same driver then “floated” back into the center lane. I then changed to the right lane, and proceeded to accelerate, which is when I believe the trooper, behind me, clocked my speed. I do not know if a dash cam was on the officers vehicle.

    I’m confident I can beat the “Following” ticket, which is truly a matter of perspective and depth perception, but I don’t think I can beat the speed. I consulted an attorney who works frequently in the local town court where the tickets are answerable, and he feels he can reduce them to $300~$500 for both, with points reduced from 8 down to 2~3. I have explained to him that I have a clean record and would like to keep it that way, and am willing to pay a higher fine to the court, provided there are no points assessed. Lastly, I’m concerned that because he has a long-working relationship with both the (special) prosecutor and judge in that court, he may not want to push for what I’m asking for… that he has to work with these people constantly, and for that reason, only takes what he knows they’ll give him (in a case).

    So, my question to you is, should I work with this attorney, or seek one who has worked little-to-none with the court, and has nothing to lose by pushing forward? As I have in the past, I prefer attorneys work with me, rather than for me – which has given me (and us) great success in the past, though not all attorneys are willing to work in that manner.

    Last question; Would YOU consider working that far north (Harriman area), and if so, how much road time would I have to pay, in hours, over and above your normal fee for said infractions? Thank you… I know this post was long.

    Reply
    • Tony,

      Your NY speeding ticket carries 4 points and the tailgating ticket also carries 4 points. You are looking at roughly a $500 fine plus a $450 Driver Assessment Fee. If you fight them, you likely can save points and the $450 Driver Assessment Fee.

      In regard to selecting a traffic lawyer, I wrote an article entitled “How To Choose A New York Traffic Lawyer” which may help you.

      In regard to our traffic law firm, we cover the entire State of New York and regularly appear in most Orange County courts. Feel free to call us to discuss your case.

      Matthew Weiss

      Reply
  • Mr. Weiss,

    i got pulled over tonight by a local officer and was issued a ticket for 45mph in a 30, i have one previous ticket (85 in a 55) that i received last August and plead guilty to. should i plead not guilty to this one and see if i can get it reduced? or should i just take the fine and go?

    Reply
    • Nick,

      You should definitely fight this new speeding ticket. You already have 6 points on your license, and the new speeding ticket will give you another 4. At 11 points, your license can be suspended. Also, a third speeding ticket within 18 months could lead to a license suspension too. If you plead guilty, you have a a reasonable chance of negotiating this down to a less serious charge.

      Matthew Weiss

      Reply
  • Mr. Weiss:
    Great blog! The best of its kind.
    I have an interesting dilemma, somewhat similar to Sally’s situation (June 27). I have a NY license with no previous serious offenses, only a single parking ticket. I was pulled over for speeding for 78 in 55 zone (I think I was a bit slower) on I-81 in Pennsylvania. The officer was nice and gave me a citation for ‘failed to obey the instructions of an applicable official traffic control device”, which, according to the officer, will result in $110 fine and no points. However, I have read that it translates into a 2 point violation in PA. Are the points transferable to NY record? Should I plead not guilty and try to reduce the charge further? I do not understand if there is any sense for the 3 hour one-way drive to court to fight the ticket and risking the installment of the speeding charge. I am OK with the fine, but will Geico increase my insurance for this offence? I would greatly appreciate your advice.
    Thanks,
    Alex

    Reply
    • Al,

      Thanks so much for your kind praise. It is much appreciated.

      Good news! Points from a PA conviction will NOT transfer onto your NY license. A PA conviction will, however, be reported to NY and, therefore, could be used by your auto insurance company in determining your rates.

      More good news!! Because you have an otherwise clean record (parking tickets do not count), a conviction to this charge in PA CANNOT affect your insurance rates. In NY, your rates cannot be increased for one minor ticket and your PA ticket would qualify as minor.

      Therefore, based on your unique circumstances, I recommend that you plead guilty and pay the $110 fine.

      Matthew Weiss

      Reply
  • Mr. Weiss,
    Hi I am 19 years old from Long Island. I’ve been driving since I was 16 and have a clean record until today when I was pulled over and ticketed for going 78 in a 55. On the ticket was written something about 577 feet. I’m not sure what that means. Anyways I was on my way to a doctors appointment because I bruised my right calf muscle and I’ve been having trouble walking. Judging by your past responses I assume that I should fight it, however, do you think I should mention the injury as an excuse or at all? Thanks for your help.

    Reply
    • Seaton,

      Yes, plead not guilty and fight this speeding ticket. I don’t think your bruised calf muscle presents a viable defense so I wouldn’t raise it.

      Matthew Weiss

      Reply
      • I was also wondering if there were any more details to point out that would help my case. For example I was never followed by the police car. He saw me approaching him and as I saw him and breaked hard (not too hard because I didnt want it to be obvious) he waived me over. On the ticket it said he used a “laser” which I assume is the radar gun. Is the laser accurate in its readings when it has only seen the car head-on? I had begun to pull over before I even got up to his car. Just wondering if that helps me at all. Thanks again for your help.

        Reply
        • Seaton,

          Laser and radar are very different. A laser send a beam of light that measures distance and speed in a split second. It is extremely accurate (even with an on-coming vehicle). In regard to be followed, a police officer is not required to follow you before pulling you over. If he or she has observed a traffic offense, you can be pulled over immediately.

          Matthew Weiss

          Reply
  • Hello Mr Weiss

    I was pulled over on NY thruway last weekend for going 80 in a 65 speed zone. It happened 10 miles from the connecting ramp out of Syracuse NY.

    I know that I was not driving 80 MPH.

    1. I live in CT and have a clean driving record except for a parking ticket 6 yrs ago.
    2. This is 4 points in NY. How many points in CT?
    3. What is the best way to enter no guilty. By mail or in person. In person is little difficult due to conflict with work schedule and 5 hr drive. Its not impossible.
    4. what is the best way to minimize the points in NY and CT, as well as any damage to Insurance profile. What is the worst outcome as far as Insurance hike is concerned.
    5. I have a clean record and would like to keep it clean.
    6. I am little flustered by the exaggeration of speed that I am cited for. But I stayed quiet and did not ask officer any question. He also kept it nice and professional.

    Please advice

    Bobby

    Reply
    • Bobby,

      A conviction to this ticket will NOT transfer as points onto your CT license. It will be reported to CT and, therefore, your auto insurance company can use it in determining your rates.

      If you are going to enter your not guilty plea via mail, then do so with some type of delivery confirmation.

      The best way to minimize points from this ticket is by pleading not guilty. Then, on your court date, you or your NY traffic lawyer can negotiate a plea bargain to a less serious charge. By the way, if you retain a NY traffic lawyer, then you will NOT have to appear in court.

      Matthew Weiss

      Reply
  • I got pulled over in upstate NY for doing 76 in a 55 zone, and I plan on pleading not guilty. Is there anyway I could fight the whole ticket or at least not get any points?

    Reply
    • David,

      A 76/55 carries 6 points, roughly a $200 fine and a $300 Driver Assessment Fee. You should therefore plead not guilty. If you do, you’ll likely be able to negotiate a reduction to a less serious charge saving money and points.

      Matthew Weiss

      Reply
  • Hi Mr. Weiss,

    I got my very first ticket today, after 10 years with a license. I was told I was driving 14 miles over the speed limit. The small town I was pulled over in is 4 hours from where I live, so going back for a court date will be somewhat difficult. Would you advise contesting it anyway? The officer suggested calling the court to see if it could be reduced because of points, but would I still then need to go to court? I am a little clueless and stressed out since this is my first time dealing with this. Thank you!

    Reply
    • Abby,

      Don’t stress out. The good news is that a conviction to this speeding ticket will NOT result in your insurance rates increasing (given your good record and given that it is less than 16 mph over the limit).

      If you do not want to appear in court, then you can retain a NY traffic ticket lawyer to appear for you. However, because this ticket is a relatively minor given your circumstances, you want not want to fight it.

      Matthew Weiss

      Reply
      • Thank you so much. That makes me feel a lot better! So, if they can’t help me reduce it over the phone, you’d recommend just paying the ticket via mail? Thanks again.

        Reply
        • Abby,

          Yes, in your unique circumstances, I believe that this would be okay. Of course, others prefer to leave no “stone un-turned” in keeping their record as clean as possible. You’ll have to make the ultimate decision.

          Matthew Weiss

          Reply
  • Hi Matthew,
    So I recieved a speeding ticket march of 2011 in brooklyn, and have had to delay the court date twice due to being away at college. I have my court date later this week and I was wondering what course of action to take. I know that in NYC you cannot bargain. Since the ticket is for speeding over 20mph (72 in 50 zone) I am really worried about the hefty fines, which as a college student, I am not sure I can afford. Furthermore, I still remember the day I got the ticket and telling the officer that there was not a chance I was going over 70 (I really believe that and I dont think he recorded the speed in a radar). I only have two other tickets neither of which cost any points. So my questions is how can I best fight this? Will I get a chance to see the officers notes before appearing in front of the judge? Also is there anyway to confirm that the estimate was not based on a radar? I was also hoping to make the argument that i had just gotten out of traffic and therefore may have appeared to be going fast due to the acceleration. Will that fly?

    Thanks a lot,
    Rafat

    Reply
  • Hello,
    I was pulled over in upstate NY (Delaware Co.) for going 79 in a 55mph zone. The officer reduced the ticket to 1110A. I have a CT license with no previous offenses. Should I plead not guilty and try to get this reduced further? How much is the fine for a 1110A ticket and is it worth the 3 hour drive to fight it?
    Thank you.

    Reply
    • Sally,

      Given your circumstances, I recommend that you accept the “roadside plea” and plead guilty to the 1110a charge. Points from a NY conviction will not transfer onto your CT license.

      Matthew Weiss

      Reply
  • Hey so yesterday I got pulled over by a state trooper he got me on a radar going 87 on a 55, I honestly thought I was going around 65 something like that but im not sure if its just me but when your on an open road you don’t really realize how fast your going but anyways I’m enlisting into the marines and now I’m worried that this might effect me from being excepted this is my first ticket still 17 I turn 18 next month and I have no idea what I should do please help me out thanks
    -brian

    Reply
    • Brian,

      You should plead not guilty and fight this ticket. If you do, you will be scheduled for a conference and, at that time, be able to plea bargain your speeding ticket to a lesser charge (saving points and money).

      Matthew Weiss

      Reply
  • Hi, I just goy my first speeding ticket in NY 81mph on 55 mph area. I pleaded not guilty. What should I expect, my driver license is clean, never had any speeding ticket or points.

    Thank you

    Reply
    • Emin,

      You will receive a court date in the mail scheduling you for a date. On that date, you will likely have an opportunity to conference the case with a prosecutor. At that time, you should be able to negotiate a plea bargain to a less serious charge.

      Because your 81/55 NY speeding ticket carries 6 points, I would expect the prosecutor to offer a 2-3 point ticket in exchange for you changing your plea to guilty.

      Matthew Weiss

      Reply
  • Hello, I was pulled over on my motorcycle in Manhattan at a police checkpoint. I hadnt realized that my motorcycle permit had expired. I recieved a ticket for operating out of class as I only had my valid license. I was told by the officer that I can go on the DMV website – enter in the ticket and my license information and I can see how much the fine/points are.

    I have entered my ticket number in multiple times and it cannot locate anything. I’ve also just submitted my license number and there are no tickets against my number. I have 15days from the date ( June 9th) to respond and i’m not sure what to do as there is no direct fine for this on back of the ticket. I see something for “Un-licensed” but that doesnt exactly match the description of my offense.

    Also I’m wondering if I should plead not guilty and see if I can fight the ticket. Any advice would be great! Thanks!!

    Reply
    • Allison,

      You should definitely keep checking the online system. Often it takes 30 days (or longer) for some tickets to be appear. Just keep checking.

      In regard to beating this ticket, I didn’t read anything in your post that makes your prospects hopeful. Because your permit expired, it seems like your ticket was properly issued.

      Matthew Weiss

      Reply
  • I got a speeding ticket today with a 1180D. In the description/narrative section all it says is “SPEEDING”. At the bottom & to the right there’s something that looks like “C/L” I think. What does that mean? He didn’t write anything in the section where the “mph” go or the “in mph zone”. Can I fight this ticket since it doesn’t clearly state how fast I was going? He did tell me I was doing 76 & speed limit is 50 but it’s not anywhere on the ticket. Also by the time I had passed him I know I wasn’t going that fast, maybe 55-60 at most. I don’t know if that matters, just hoping the fact that the actual speed & speed limit are not on it that I can get out of it.

    Reply
    • Kallie,

      The omission of the speed and limit is one of the few defects that could render this ticket fatally defective. Do not plead not guilty via mail. Do so in person or online.

      At your hearing, you can argue in favor of a dismissal given the lack of notice of the charge in the ticket.

      Matthew Weiss

      BTW, C/L likely means “center lane”.

      Reply
  • As I was heading home, I was driving on the Harlem River Drive today 6/13/12, I reached the end of the highway, which is 10th Ave and Dyckman St, right in front of Public School 5 Ellen Lurie. As I was waiting for the light, an officer was waiting right behind me, then he turns on his flashing light, then I decided to move over on Dyckman St so he could pass me, until he told me from his truck (Tahoe) speaker that he was pulling me over, then I pulled over and he came up to me and says: “if there is any reason for you to be speeding this morning” and I told him no, then he says that I was going about 89mph (50mph zone) on 139st and Harlem River Drive, which is where I was stuck in traffic due to all the car that was trying to get on the George Washington Bridge and it’s about 3.9 to 4.3 miles away from where he’s stopping me. It was raining so the traffic was slowing down every second. I know he got the wrong car; I was guessing that it was someone with the car like me. He also says that he caught me on a radar gun, the humidity for the day was about 67% and the wind was about 10 to 15 mph, so the rain could affect the range of the radar gun and other weather conditions such as humidity, which they all will dump particles into the atmosphere that creates a “barrier” for the microwave emissions of radars. Rain would refract it, much like looking at a pencil in a glass of water. Flat object will reflect back a bigger portion of the signal. For this reason, I know that the car closest to the radar unit may not always be the one recorded. I have not gotten a ticket since 2009 and I just took my defense driving class last month to erase 4 point from my license and also to save money on my car insurance. I don’t think that I have a great case so I know for a fact that I will lose since I can’t prove that the officer got the wrong car. I feel that I might end up paying for someone else mistake. This is a serious ticket for me since my license could get suspended. How can I fight this ticket???

    Reply
  • Hey I am an international student and do not have a NY driving license. I was caught at a speed of 96m/hr in NY state at a 70m/h zone with an international driving license. Should I fight it??

    What would be the fine for such an action?

    Reply
    • Shreetam,

      The fine for this NY speeding ticket is roughly $200 plus a $300 Driver Assessment Fee. If you fight it, you likely can save the $300 and some points. If you are planning of doing any more driving in New York, then I recommend that you fight it by pleading not guilty.

      Matthew Weiss

      Reply
  • Hi Matthew

    I have a NJ license and I was travelling to NY last week. I got a speeding ticket driving at 85 in 65 miles zone. This is my first ticket.

    The court is 5 hours away from my place and I don’t think I can travel. I was planning to plead not guilty but I recently saw that the ticket has incorrect address. Actually it has my old address, although my license had my correct address at the back. What are the consequences of this. If I mail the not guilty plea, how can I make sure I get all communications at the right address.

    Thanks

    Reply
    • RS,

      When you enter your not guilty plea, you should include a cover letter advising of the correct address. I would also follow-up with a telephone call to the court to make sure it has your correct address.

      Matthew Weiss

      Reply
  • Hello Mr. Weiss,

    Thank you for helping ticketed drivers with your site. It’s a generous, great resource.

    To summarize: In late January I received a TVB speeding ticket for doing 60 in a 30 in Brooklyn (speed trap/transition off of the Prospect Expressway). It was my first ticket in my 22 years of driving. I decided to plead online, but the ticket was not and still has not been found in the TVB system over 4 months later. Normal or not normal?

    Some additional details: In May (3 months after the ticket), I successfully renewed my driver’s license, my car’s registration and insurance — which would seem to confirm that the ticket isn’t in the system.

    The ticket did have errors. 1) The officer wrote my old address from the front of my license on the ticket, even though I’d previously updated my address with the DMV and had the correct address on my insurance and registration. 2) The tickets arrest-type was blank so I don’t know how he obtained my speed. 3) In the speed box, the officer wrote 60 for mph, but in the description box, he had 55 circled (seemed contradictory, unless the 55 meant something else). 4) His handwriting was difficult to read (very scratchy).

    Could these errors have led to the ticket being lost or thrown away? Should I take any further action, aside from continuously checking the plea site to see if the ticket hits the system? And, if it does hit, will I be further punished even though I signed up for the email alerts and have been checking the site regularly? Thanks for the help!

    Reply
    • Mr. M,

      Thanks for your kind words.

      Four months is a long time. This is good news for you, however. If it fails to “hit” the TVB system, then you essentially have won the case. This does occur (although rarely) when the ticket gets lost somewhere along the way. Keep checking. We recommend to check for 12 full months to be safe. There is nothing to do in the meanwhile.

      If this ticket is entered belatedly, you will usually be given more time or notice of its entry. However, we always say to check it regularly (at least once per week) to protect yourself.

      In regard to the errors, none of them are grounds for a dismissal. However, the 60 mph vs 55 mph may be helpful if you were to take this case to a trial.

      Good luck!

      Matthew Weiss

      Reply
  • Hi Matt,

    I was clocked by laser going 73mph in a 50mph zone on i95 in the north Bronx. This is my second infraction of speeding in the same area. The first offense was the same 73mph. I did not fight it and got the 6 points and paid huge fines. I know for a fact that I was not going this fast the second time and there were cars in the way when he claims he caught me with a laser. I definetly want to fight this ticket. What are my chances of getting the ticket reduced and possibly not having my license suspended.

    Thanks

    Reply
    • Sam riv,

      I cannot provide your odds for success. In the Bronx Traffic Violations Bureau, there is no plea bargaining or deals. Therefore, if you fight this NY speeding ticket (which you definitely should do), then it will be “all or nothing”. Every cases rises and falls on its unique facts and the officer’s presentation.

      Read some of my other comments on this thread for helpful information.

      Matthew Weiss

      Reply
  • Hey Matt,

    This is a really helpful forum, thanks for starting it. I have a similar situation to many others. In late April I received my first speeding offense in New York State for going 40 in a 30 mph zone. I missed my appearance date because I was visiting family in NYC. On my way to the city I was hit with my second driving offense in New York State, going 51 in a 30.
    I am worried that I will receive complimentary fines and what not because the two incidents were so close together (approximately 20 days). Is it worth it/possible to fight in court even if you have missed your court date? Also, how does the preceding ticket affect my more recent offense. Are there radical insurance repercussions?

    Thanks
    -Matt F

    Reply
    • Matt F,

      Thanks for your nice remarks about the forum.

      You can likely still fight the first speeding ticket if it hasn’t been too long since your missed the date. The length of time you have depends on the court in which this case is pending.

      The two are inter-related and there very well could be a good strategy as to which case to handle first. You should call us to discuss as I would need a fair amount of details to properly and fully answer this question.

      Matthew Weiss
      212-683-7373

      Reply
  • Hi Matthew

    I have a NJ license and I was travelling to Niagara last week. I got a speeding ticket driving at 85 in 65 miles zone. This is my first ticket. My record has been clean ever since I started driving in US. The time I was pulled out I got nervous due the first time and agreed to driving at 85, although I think I was not that fast. The traffic was very less so I was a little over I guess.

    The court is 4 hours away from my place and I don’t think I can travel. Since I don’t have any points on my license, I was thinking of pleading guilty and then probably take the driver assessment test to remove the 2 points I get on my license. But after reading the posts above I am not sure what should I do. Can you please advice me accordingly. Also if I take your services, how much will it cost me?

    Thanks

    Reply
    • KK,

      This speeding ticket carries 4 points in NY and will transfer as 2 to NJ. If you fight it, you likely can save points and possibly avoid your auto insurance rates increasing.

      Because the court is 4 hours away, you may want to retain a NY traffic ticket lawyer to handle this matter. We generally charge a flat fee of $500 for a ticket in Niagara. You will not, of course, have to appear in court.

      Matthew Weiss

      Reply
  • Peter Malone
    May 29, 2012 2:55 pm

    Hi Matt-

    I appreciate the honest responses you’ve provided above and was hoping you could help me. I received a speeding ticket this past weekend (May 26th) on NY Route-27, heading eastbound, right where the road turns from a highway into a county road (CR-39) approaching Southampton. The officer said he had me clocked at 74mph (but acknowledged that I had “slowed down to 64mph” by the time he pulled me over.) This point I dispute, I believe I had been going no more than 64mph, and only reached this speed why trying to change lanes to comply with the recently constituted “Move Over” law in NY State that says you should change lanes to give a pulled over officer clearance to attend to a pulled over vehicle (had to speed up to safely change lanes). This is a large difference in terms of the severity of the transgression. The speed limit on the highway is max 55mph, minimum 40mph…and he says the infraction occurred on the County Road portion of the highway, so the speed limit is only 35mph. He filed the ticket saying I was going 74mph- 39mph over the limit on the county road. I have compiled more notes on the incident and would like to consult with you further if you have time. Obviously, the goal is to limit the points incurred from this incident, and also to try and lower the impending fees as much as possible. Note, that this violation was deemed to have occurred in Southampton, so from reading above, it doesn’t sound like a plea bargain is in play here. Please either respond here, or give me a call when you have a chance, your receptionist has my number.

    Thanks,
    Pete

    Reply
  • Hello:

    Recently received a NYS speeding ticket in the town of Bedford Hills, NY (Westchester County) for going 82 in a 65MPH zone. I recently (November 2011) received a ticket for cell phone use in Brooklyn, so I am wondering if it would be worth fighting this speeding ticket. I hold a CT state driver’s license as well. Thanks.

    Reply
    • Brian S.,

      Your speeding ticket (82/65) carries 4 points and the cell phone carries 3. I recommend that, at the least, you fight the Bedford speeding ticket. If you do, you likely can save points and avoid the $375 Driver Assessment Fee.

      Of course, you may want to fight the Brooklyn cell phone ticket too but that one would be harder for you to get a more favorable outcome.

      Matthew Weiss

      Reply
  • I was pulled over near Liberty NY on NY-17 by State Trooper. I was charged with speed 81 in 65 zone. How much fine (include court fee) is that if I plea guilty? Is it possible that I can get a reduction if pleading guilty?
    On the other hand, if I plea not guilty, is the State Trooper able to offer a plea-bargain deal on court? I heard that they are not allowed to do so any more.

    Reply
    • Vince,

      If you plead guilty to this NY speeding ticket, you will be given 4 points and roughly a $200 fine (assuming you have an otherwise clean record). If you plead not guilty, you likely can save points, and avoid an insurance hike. You can plea bargain cases at the Liberty traffic court. The fine will likely remain roughly the same.

      Matthew Weiss

      Reply
  • hi Matthew,

    Last saturday (12th May) I got my first speeding ticket. It was for 71mph in 50 mph zone. And its a TBV ticket.

    1) With a lawer, what are my chances for win?

    2) Many place i read that, for TBV is not possible to get point reduction or any type of bargain? is it true? if yes then will hiring a lawyer will help?

    3) I am checking my ticket status on “https://www.dmv.ny.gov/pleadandpay/default.html” but it still says that my ticket is not yet in system? is it normal (its been full 1 week)? is thr a possibility that officer forgot or got my information wrong? i only have 15 days to pay or fight? but if this information doesn’t appear on thr system in 15 days then what shoud I do?

    Thanks in advance.

    Reply
    • Rakesh,

      It is impossible to predict your chances for success. The best I can write is that it is unlikely that you’ll get a dismissal but, with a NY traffic ticket lawyer, you likely can get the speeding ticket reduced from 6- to 4-points.

      Matthew Weiss

      Reply
      • Thanks Matthew,

        Can you also comment about 3rd point?

        Have you seen in past, ticket information still not available in DMV website after 1 weeks?

        If it is still not available after 15 days?, can it be used as a reason for dismissal ? as 15 day is what DMV gives us to pay for ticket?

        Thanks

        Reply
  • Roberto Irizarry
    May 18, 2012 3:13 pm

    Hi,

    Matthew. Yesterday night my GPS fell off its mount. So I was trying to put it back in place. I was doing about 51mph in about a 35mph zone. I was a swerving a little trying to multitask. Anyway a police stopped. He only gave me a ticket for violation of 1110a? He didn’t give me any speeding ticket or any ticket for the swerving. Should I plead guilty or not? Would that raise my insurance cost? My record is clean. BTW I’m from the Rochester region.
    Thanks,
    Roberto

    Reply
    • Roberto,

      It seems like the officer gave you a break by charging you with only a VTL 1110a charge (disobey traffic control device ticket). If you fight it, the officer can amend the case back to the original more serious charge. On the other hand, if you fight it, there is a chance that you may be able to get it reduced further. You have to decide if you want to take the risk (or not) of fighting it.

      Matthew Weiss

      Reply
      • Roberto Irizarry
        May 18, 2012 5:43 pm

        Would 2 points affect what I pay in my car insurance?

        Reply
        • Roberto,

          Two points will NOT hurt your auto insurance rates if you have any otherwise clean record (no convictions or accidents within 36 months of your disobey traffic control device ticket).

          Matthew Weiss

          Reply
  • Hi Matthew,

    Thanks for all the good advice on here… Last weekend I was pulled over in upstate at 1:00 am for a supposed failure to stop at a stop sign, although I did actually stop. I was pulled over about 3-4 blocks away. I believe I may have been pulled over because I was a young female, driving alone at 1:00am, with college parking stickers on my car (I am a graduate student), and on the last day of classes. I believe the officer stopped me to see if I was intoxicated, which I was not. He then gave me a bogus ticket for a failure to stop. I honestly pulled over because I thought he was trying to get around me to get to an emergency. I did receive a cell phone violation last June when I had first moved to the state, but I’m not sure if I ever got any points for that. Is there any recourse in fighting this failure to stop ticket? Thanks!

    Sara

    Reply
    • Sara,

      Thanks for your kind remarks.

      I recommend that you plead not guilty. If you do, you (or your NY traffic lawyer) can likely negotiate a reduction to less or no points.

      BTW, a stop sign violation carries 3 points and roughly a $150 fine.

      Matthew Weiss

      Reply
  • Hi. Mr Weiss,

    Thank you for all the helpful advice you’ve offered on this website. I currently have 3 points on my license from a speeding ticket from last June. Just an hour ago, I was getting off the ramp of the LIE and was pulled over 100 feet away from the ramp doing a 62 in a 45. I agree I should have slowed down but there were three cars right behind going around the same speed and I worried that suddenly slowing down would result in a collision due to the momentum. Can I please ask your advice on this situation? I know youve told most to fight their tickets, but I’m confused about what I could say during the conference in this situation to help reduce my sentence so I can avoid having over 6 points.

    Reply
    • Rach,

      Thanks for your kind words.

      This speeding ticket carries 4 points and roughly a $200 fine. Plus, because you have 3 prior points, so you’ll have to also pay a $375 Driver Assessment Fee if you are convicted.

      How you can fight this ticket depends on whether this speeding ticket was issued in Suffolk or Queens counties, or Nassau County. In Suffolk and Queens, there is no plea bargaining while in Nassau you can make a deal. What you can say to get a deal depends on your own situation. Some examples of discussion points of whether you’ve recently taken a driver safety class and how your record is otherwise pretty good.

      Matthew Weiss

      Reply
      • I received the ticket on exit 35 in Nassau so a plea bargain is an option. Is it likely that I could talk myself into only getting charged for 2 points rather than 4 so I can stay below the 6 points and avoid the driver assessment fee? I was also told yesterday to try to postpone the hearing for 6 months (if possible) so my other 3 points would be cleared by then. Finally, do you suggest that I should take the driver safety course before going to court to fight this ticket? Thank you Mr. Weiss for your time and assistance.

        Reply
  • Mike,

    I’m 18 years old and I was speeding 79 on a 55. I have a clean record. It was in Buffalo should i fight this ticket?

    Reply
    • Mike,

      Because this speeding ticket carries 6 points, roughly a $150 fine and a $300 Driver Assessment Fee, I recommend that you plead not guilty and fight this ticket. As long as it is not to be heard in the Buffalo Traffic Violations Bureau, then you can likely negotiate a reduction saving points and the $300 Driver Assessment Fee.

      Matthew Weiss

      Reply
      • It is in the Buffalo Traffic Violation Bureau so I’m going to plead guilty and pay the fine, For the driving course of the -4 points and the 10% insurance or does someone have to tell me I have to take it or can I do it on my own free will.

        Reply
  • I’m trying to help my little brother get back on his feet and turn him into a responsible individual. As his older brother I have always felt obligated to set the right example and be a father figure for him since our father died in a car accident when I was 18.

    Basically he was pulled over and ticketed for driving without insurance and registration over 15 years ago. These fines are very hefty and they totaled up over $3500 over the years. They were never paid because we simply did not have the money and he was a very irresponsible teenager. Now a man in his early 30’s with wife/child he has been trying to right his wrongs. He has been seeking employment but it’s very difficult to get employed in NYC without a driver’s license especially when you don’t have post high school education and the only jobs available are driving trucks/delivery/UPS etc.. I really want to help him but I don’t know what the best course of action is to get the fines reduced. Advice please.

    Thanks.

    Reply
    • Neuk,

      Based on the facts as written by you, there is no procedure to reduce these fines especially after all these years. Someone just has to pay what he owes in order for him to be able to apply for a new license.

      Matthew Weiss

      Reply
  • I got speeding ticket for 22miles in RICH county NY. I am NJ driver. Should i fight for this 6 point ticket even i will get 2 pt transfer to NJ. I have clean record. What chance to fight this ticket and what option?

    Reply
    • Maya,

      This ticket carries 6 points in NY and will transfer as 2 to NJ. It is VERY hard to beat a Staten Island speeding ticket but, on the other hand, you have little to lose by fighting it.

      Matthew Weiss

      Reply
  • Hi
    I am from Canada. Recently I was ticketed for doing 20 mph above limits in New York state. Should I fight this ticket.
    Appreciate your feedback. Thanks

    Reply
    • Haneef,

      If you live in Ontario or Quebec, then you should plead not guilty and fight this traffic ticket. Points to these two provinces will transfer from New York.

      Matthew Weiss

      Reply
  • Hi Mr. Weiss,

    I was pulled over in Milan County on the Taconic Parkway. The Officer wrote in his disposition that I was “visibly going 70 MPH” in a 55 zone and that I was in a passing lane. I was in a passing lane, and he was on the island hiding around a bend as I came around. I was using cruise control for most of my trip, so I do not believe I was going 70 MPH at that time, but I was passing someone. He said in his explanation that I was visibly going 70 MPH, but above that it said he used Radar. Do you know if there is a fight to make there?

    Also, the court is 2.5 hours away from my house and when I called after receiving a pre-trial conference at 9am the clerk recommended that I waive my pre-trial conference because in her opinion nothing happens in them and I’d have to make a second trip for the trial. Is the pre-trial conference the best time to plead down the points/fine and give my side of the story? I’m 25 and this is my first time being pulled over and getting a speeding ticket, so I’m not familiar with the whole process.

    Reply
    • Cassie,

      A visual estimate is enough to establish speeding in New York. Here, the police officer also used a radar. So I don’t think that this will be an effective line of attack. I do recommend that you plead not guilty and explore the possibility of a plea bargain. You can do this at your pre-trial conference.

      Good luck!

      Matthew Weiss

      Reply
  • Hey Matthew,
    i was clocked 2 days ago in washingtonville NY doing 90 in a 40 i know that is pretty much a suspension right there. is it worth hiring a lawyer you think, would they be able to spare my license?

    Reply
    • Erick,

      Ouch! This speeding ticket carries 11 points, a large fine and surcharge, a $675 Driver Assessment Fee and a possible suspension of your driver’s license. Given the seriousness of this ticket, we highly recommend that you plead not guilty and fight it. We also recommend that you speak with a New York traffic ticket lawyer. You may want to retain one to try and save your license.

      Matthew Weiss

      Reply
  • Hi – I was clocked by radar, pulled over and issued a summons for doing 48 in a 30 on Riverside Drive at 113th in Manhattan. I primarily live in Arizona and hold an AZ driver license, but work/spend enough time in NYC, LI & NJ that I keep a personal vehicle registered and insured in NY State that remains on LI for the convenience. I had a spotless driving record prior to this, and have not had a moving violation on my record in many many years. In AZ, you can generally have non criminal moving violations dismissed if you attend a court approved defensive driving class. They allow you to use this option once every two years, so if you have an infrequent “oops”, you can prevent it from getting on your record and not have it affect your insurance. Do I have any such option with this NYC violation? Seems crazy there would be no such program/option here, nor the option to negotiate a plea deal. Non CDL driving is part of my career. How will this violation affect me? What are my options? What should I do? Thanks!

    Reply
  • I just got a speeding ticket On I-87 south just before the twin bridges before exit 7. The speeding ticket is for 70 in a 55. To be honest yes I was doing 70 but I was slowing down. That is the spot when 87 drops from 65 to 55. So a couple of questions. The last time I had a speeding ticket was when i was 17 ( 20 years ago) so dont know what i need to do. Do i mail in a not guilty plea or do I go to court the date on the ticket( which is a month away)? Also how much is this ticket as it stands? If I go to court that day, what do i say? Thanks for any input you can give me!

    Reply
    • Eric,

      Yes, mail-in your ticket with a not guilty plea and use some type of delivery confirmation. This ticket carries 4 points and roughly a $200 fine. On your court date, ask for a conference and explain how you have a clean record and would like to discuss a “plea bargain”. The prosecutor will very likely offer you a more favorable offer.

      Matthew Weiss

      Reply
  • I received a ticket in Manhattan for speaking on a cell phone (I was only on the speaker phone, holding it away from my ear, but the officer said that was enough). I want to fight it in Traffic Court, but was wondering if there is a downside to pleading not guilty and going to court. Are there additional court fees that are assessed if this goes before the Administrative Law Judge?

    Thanks.

    Reply
    • Jeff,

      There is no down side to fight your case. You get 3 points if you plead guilty or fight it and lose, and the fine is roughly $150 in either case.

      Good luck fighting it! Incidentally, it is not a valid defense that you were holding the device while in speaker phone mode. The law requires a “hands-free” device be used.

      Matthew Weiss

      Reply
  • Mike Lisenco
    April 23, 2012 3:29 pm

    I received a summons for “disobeying pavement markings” entering the Gowanus from the Prospect Expressway in Brooklyn. I went online to plead not guilty, but am informed that the summons is not yet in the system. My 15 days have passed, the summons is still not in the system. I registered for online notification to plead when the summons is entered into the system. Should I continue to wait? Should I mail it now (late) with a not guilty plea? What happens if I get stopped for something else? (I have a clean record. I haven’t had a summons in nearly 30 years). Also, what happens to the summons after 180 days if it isn’t entered into the system? Is it voided?
    Thanks in advance for your suggestions.

    Reply
    • Mike,

      Yes, continue to wait but check the DMV system twice a week. After 30 days, check daily. It eventually will “hit” the system. If it does not, then re-post for further instructions.

      Matthew Weiss

      Reply
  • Mr. Weiss,

    I was pulled over in Broome County (Binghamton area) for going 76 in a 55 construction zone. I am a 21 year old student and have an otherwise clean record. I also have a Massachusetts drivers license. What am I looking at in terms of a fine and points since it was in a construction zone? And what can I do to reduce the charges against me?

    Reply
    • Jon,

      Your NY speeding ticket carries 6 points, roughly a $400 fine and a $300 Driver Assessment Fee. Further, a NY speeding conviction can affect your MA license. We therefore recommend fighting this ticket. If you do, you likely can save points and money.

      Matthew Weiss

      Reply
  • Mr. Weiss,

    I was recently pulled over on the I-90 for going 81 in 65mph zone and was given a ticket. I was contemplating fighting the ticket but am also facing time constraint issues. I have a CA license and am a medical student in CT and will be moving back permanently to CA in early June. So i dont know how pushing back court dates would help if i am no longer on the east coast. I am 28 and have no previous tickets or accidents on my record. I understand that 16mph over the speed limit is 4 points on my record. How does that affect my CA record? Will this affect my insurance? I had read that low speeding violations (15mph) may not affect your insurance.

    I guess another option is to plead guilty and ask for traffic school to keep the ticket off my record. How does that work? Do I plead guilty and write in the explanations section requesting traffic school?

    Please advise on my best option.

    Reply
    • Kevin,

      A NY conviction will transfer onto your California license. In NY a speeding ticket that is 16 mph (or more) above the limit can result in your insurance rates being raised. I do not know California law on this issue, however, so you should contact your insurance company.

      Given your clean record, there are two schools of thought here (assuming you determine that this ticket will not affect your California insurance rates). One is to keep your license as clean as possible on the theory that you never know what will happen in the future. Obviously, this option favors pleading not guilty and attempting to obtain a more favorable outcome than the current 4-point charge (BTW, it is likely that you will be given some type of reduction and, if you do not or cannot attend court, a NY traffic ticket lawyer can appear in your place).

      The other school of thought is that, because I have a clean record and presumably are not prone to get many traffic tickets, you should simply plead guilty and pay the ticket. You do not have to provide an explanation with your guilty plea. You can then take an online Driver Safety Class which will knock the 4 points off your NY driving record. It will not help you in California, however.

      Of course, only you know which of these two options are preferable.

      Matthew Weiss

      Reply
  • Hi,
    I am 16 years old and got my license in January. I took drivers Ed, passed and will get my senior license in May, but I just got a ticket today (4/16/2012) for going 56 in a 40. I have never gotten in any sort of driving trouble before and am normally a very good and safe driver. I have no idea what to do in regards to pleading guilty or not, and I don’t know what it will me for my senior lisence, please help, thank you

    Reply
  • Help!! I was pulled over today for doing 90 MPH (!!!) in a 55 MOH zone. I know that this is very serious and could result in 11 points, a huge fine, and potentially the suspension/revoking of my license. I have no points on my license now and a totally clean record – would that help me at all or am I just out of luck? I am terrified of losing my license! I guess I need a lawyer, right? Thanks in advance for any advice/suggestions!

    -AB

    Reply
  • Daniel Genest
    April 14, 2012 10:23 pm

    Hello Mr. Weiss,

    I am from Montreal, Quebec, and was driving south to NYC yesterday on the I-87.

    I got a ticket for going 92 mph in a 65 zone based on the radar. I did not argue with the officer whatsoever, simply asked him to explain how the tickets works. He was very nice, explained everything to me in detail.

    The court I am issued to in Lewis Town Court in Essex County. As I have never had a speeding ticket before, is there any chance that sending a letter might lower the fine or points I will be issued? If I do send a letter, do I need to send in my ticket as well or can I do so without sending it in?

    Also, what kind of fine am I looking at? Do Quebec residents (or Canadians in general) have to pay the Driver Responsibility Assessment or does this only apply to Americans?

    Thank you for your time and your help,

    Daniel

    Reply
  • Mr Weiss,

    Thanks for the informative thread. I am in a bit of a situation myself. I was pulled over on the BQE in NYC for going 22 over the limit (67 in a 45.) I spotted the police waiting as I made a turn on a big bend on the highway. There was NO WAY I was going 67mph at that area. Considering the road condition (pot holes and such) and the turn, I was definitely not going that fast. I’m not sure whether or not he got me with a radar, but I’m very skeptical. I’m also very angry because the different between being 22 over and 21 over is 6 points as oppose to 4.

    Anyway, I am aware that NYC does not have a plea bargaining system. How does one go about winning the ticket? It seems that the only way to win is for the officer to not show up? I’m 26 years old driving for 10 years with no prior moving violations.

    Please advise! Thanks!

    Reply
    • Jay,

      The cut-off from a 4- to 6-point speed is actually between 20 and 21 mph.

      In terms of fighting this speeding ticket, scroll through my earlier comments to find a link to an article that I wrote entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau”. It will help you.

      Matthew Weiss

      Reply
  • I have to go to court tomorrow for a speeding ticket doing 82 in a 55 zone on the meadowbrook, I was on my way to school at 6:45 am when i got pulled over, the officer suggested that i plea not guilty for a reduced charge (which I am to do) any suggestion as to what i should say in my defense that may help?

    Reply
  • On friday I received a ticket for doing 80 in a 55 zone on NYS 17. I dont believe that I was moving that fast, and I also think that I was in a 65 zone. My only other ticket was 2 years ago. I sent a letter in with my guilty plea and had the charge reduced to 4 mph over the speed limit.
    A. Should I plead not guilty and wait for the court date?
    B. Can I plea bargain via mail or do I have to appear at the court?
    C. Is there a way that I can find out how many points are on my license from the previous ticket?

    Reply
    • Jimmy Mac,

      a. Yes, plead not guilty.
      B. Some courts plea bargaining via mail but most do not. Contact the court to inquire.
      C. Go to any DMV office to get your license abstract.

      Reply
  • I just got a ticket for speeding, 45mph in a 30mph zone. The NYC officer told me to fight cause there is a good chance they will reduced it.

    Reply
  • Hi Mr.Weiss.

    I got a ticket on Monday April 2nd 2012, on Taconic Parkway south bound, Town of Yorktown Heights Court. 85mph on a 55mph, it was a state Trooper and I was polite, did not confromt him. I have a clean license, never gotten a ticket on my record.
    What should I do?

    Thanks

    Reply
    • Luis,

      Plead not guilty. If you do, you likely can negotiate a reduction savings points and money.

      Matthew Weiss

      Reply
      • What about being a State Trooper, I thought no negotiation. and how is the York Town Court, do you know? is the prosecutor a reasonable person?

        Reply
        • Luis,

          In Yorktown, you can usually negotiate. So plead not guilty and, then, on your court date, you can likely work out a result that will save money and points.

          Matthew Weiss

          Reply
  • Mr. Weiss,
    I got a ticket in upstate New York for cell phone usage while driving. I am almost certain that I was stopped at a red light when the officer saw me using my cellphone to change my music. My cellphone records will not help me because I did send a text message around the time of the offense (I had been driving for less than 5 minutes when I was pulled over). I already have a 4 point speeding ticket on my record within the last 18 months. I have a CT license and I am not sure how my NY violations transfer over or whether a safe driving class could help me avoid the Driver Responsibility Program fines. I would like to plead not guilty but I am worried that I have no case since it is in violation of the law to use electronic devices even when stopped at a light. What do you think I should do? Should I request the supporting deposition to get more information even if it might hurt my case?

    Reply
    • Stevie,

      You should plead not guilty. A NY cell phone ticket carries 3 points and (with your prior 4 NY points) subjects you to a $375 Driver Assessment Fee (even as an out-of-state residents). While points from NY do NOT transfer onto your CT license, a NY conviction will be reported to CT and can be used by your insurance company to raise your rates. Further, NY will keep track of your NY points accumulated with your CT license,and can penalize you here (just like a NY driver would be penalized).

      With upstate tickets, you usually can negotiate a reduction to a lesser charge. On your court date, ask for a conference and, at that time, you likely will be able to get this ticket reduced.

      Good luck.

      Matthew Weiss

      Reply
  • I was driving today (3/30/12) on a road that had only 1 lane going in either direction and I was in the Eastbound lane and the cop was in the Westbound lane (mind you I live on this road and the incident happened less than 1 mile from my house). He was driving behind a school bus and in front of several other vehicles. As I approached and passed him, I saw him put his lights on and make a very aggressive and sudden U-turn. I continued driving thinking he couldn’t possibily be pulling me over but then approximately 1/4 mile down the road he pulled me over. I asked him what I did wrong and he said I was speeding. I asked him how fast I was going and he immediately said 64mph (in a 40mph zone). I then asked how he could have measured that being that he was travelling in the opposite direction and he said “because I am an expert in assessing vehicle speed”. I gave him my license and registration and upon his return I again insisted that it was not possible for me to have been travelling that fast but before I could even finish my sentence he said “I am not going to sit here and argue with you” and then he left. I feel like I should fight this as I have a clean record and his arguement doesnt seem to have much backing. Is this just a his word against mine case that I will never win?? Thanks for the help/advice.

    Reply
    • Anthony G,

      You should plead not guilty. You have nothing to lose. In fact, if you plead not guilty (and this ticket was issued anywhere except NYC, western Suffolk Buffalo or Rochester), you likely can negotiate a reduction to a less severe charge.

      Good luck.

      Matthew Weiss

      Reply
      • This ticket was given in Kent Lakes, NY (Putnam County). When I send in my plea of not guilty, there is a section that says that I “am entitled to receive a supporting deposition further explaining the charges,” should I request such a document? What does this document include? I feel like it couldn’t hurt but does it actually help? Also there is no place on the ticket that lists what the fine is, how do I get that information? Thanks

        Reply
        • Anthony G,

          The fine is determine if and when you are found guilty. If you timely request the supporting deposition and it is not send to you within 30 days of your request, then you can seek to have the case dismissed against you. Even if you get it timely, it will provide additional information about your case that may assist you in defending yourself.

          On the other hand, sometimes the court is less generous about a plea bargain when a supporting deposition is requested. Therefore, you will need to decide whether you want to request one (or not).

          Matthew Weiss

          Reply

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