Speeding Tickets FAQs
ON THIS FAQS:
What are the common defenses for fighting a speeding ticket?
What happens if you don’t pay a speeding ticket in New York?
Why should I fight my speeding ticket?
I was speeding for a good reason, can’t my New York speeding get dismissed?
If I take a defensive driving class will it help with my ticket?
How long do points stay on my driving record?
How many points will I get for a NY speeding ticket?
How many points come off my license for a speeding ticket in New York?
Do insurance rates go up if I get a speeding ticket in New York?
What are the common defenses for fighting a speeding ticket?
Receiving a speeding ticket in New York doesn’t have to mean automatic fines and points on your license. With the right approach, provided by the experienced New York speeding ticket attorneys at Feifer & Greenberg LLP, you might find effective ways to contest the ticket.
This blog explores several strategic defenses that could save you from hefty penalties and increased insurance costs. Dive into the insights on how to challenge a speeding ticket effectively, potentially easing the financial and other potential burdens.
Common defenses to fight a speeding ticket
1. Questioning the accuracy of the speed measurement
One of the most effective defenses is challenging the device’s accuracy used to measure your speed. This can involve questioning how the device was tested and calibrated, when it was tested and when the officer was trained to properly use the device to measure speed.
- Calibration and maintenance records – You can request the maintenance and calibration records of the radar or LIDAR device used and ask questions regarding the testing. Its accuracy could be disputed if the device wasn’t properly calibrated or maintained according to the manufacturer’s specifications.
- Operator training – The officer operating the speed-measuring device must be properly trained. Lack of training or improper device use can be a valid defense.
2. Identifying mistakes in the ticketing process
Mistakes in the officer’s observations or in the way the ticket was issued can also be grounds for dismissal:
- Incorrect information – If the ticket contains incorrect information, such as the wrong date, time, or location, it might be considered invalid. While mistakes like this are unlikely to lead to a dismissal on their own they can be used to argue that perhaps the officer wasn’t as careful and meticulous as he should have been or perhaps they might help convince a prosecutor to make a better plea offer and avoid a trial.
- Ambiguous or confusing road signs – If the speeding occurred in an area with poorly marked speed limits or where signs were obscured or missing, you could argue that you were unaware of the speed limit. Notification regarding the speed limit in the area is an element of the charge.
3. Presenting evidence of a justified speed
While many people would like to argue that there were circumstances that justified speeding, this approach should only be used with caution. Examples we typically hear from clients are:
- Emergency situations – If you were speeding due to an emergency either in the vehicle or elsewhere.
- Flow of traffic – Arguing that you were merely keeping up with the flow of traffic can sometimes work, especially if slowing down would have posed a risk or you were speeding up to avoid an accident.
We stress caution with this approach because you are essentially admitting that you were speeding and this could harm your case. An emergency is NOT a legitimate defense as you are not a trained professional driver in a vehicle equipped with lights and sirens and thus are posing a threat to other drivers on the road. The law would require you to call 911 in an emergency rather than speed as if you were properly driving an emergency vehicle. Arguing you were trying to avoid a more dangerous situation is also risky as it’s often difficult to prove and any officer who issued the speeding ticket will certainly argue that he did not observe any such situation. These are arguments that may however be used in certain situations to help convince a prosecutor to make a better plea offer moreso than in a full trial situation.
Tips for fighting your speeding ticket
1. Gather evidence
If you do think you have some defense that you might use, collect any relevant evidence that supports it. This might include photographs of the area where you were ticketed, dashcam video, witness statements, or any other documentation that can help your case.
2. Listen carefully
Listen carefully to the officer’s testimony and review the original tickets and any notes the officer uses. You may find errors or omissions that can help your case. Sometimes it can be as simple as an officer mixing up left and right or north and south.
3. Consider legal representation
Fighting a speeding ticket can often turn on the experience of the individual fighting. Consulting with a traffic law focused firm like Feifer & Greenberg LLP can increase your chances of a favorable outcome. They can guide you on how to fight a speeding ticket effectively based on deep knowledge of New York traffic laws and experience in court.
3. Be polite and professional
Your demeanor can influence the outcome. Being respectful and professional during traffic stops and in court can help make a positive impression on the judge and officer.
Were you given a speeding ticket in New York? We can help.
For tailored advice and vigorous representation, consider contacting Feifer & Greenberg LLP, a New York traffic law firm who can guide you through the process and help protect your rights on the road.
WHAT HAPPENS IF YOU DON’T PAY A SPEEDING TICKET IN NEW YORK?
Many people might be tempted to ignore their speeding ticket. Perhaps they have an out-of-state license, don’t own a car or insurance, or exclusively take public transportation. Whatever the case, you shouldn’t ignore a speeding ticket. While some people may feel a greater impact from speeding ticket penalties than others, ignoring a ticket could cost you more than if you’d just paid the ticket or handled the situation more appropriately.
1. NEVER IGNORE A NY SPEEDING TICKET
If you decide to simply ignore a speeding ticket in New York, your driver’s license will likely be suspended after a period of time determined by the individual court. The New York DMV website clearly states “your license…will be suspended if you do not answer a ticket or pay a fine.” While a suspension might be more damaging to some than others, consider these complications:
- There are fees associated with clearing suspensions. If you ever want to be clear again you’ll need to pay these fees on top of the ticket.
- Any fines and surcharges you may ultimately be forced to pay down the line will likely be more severe after ignoring the ticket.
- Prior suspensions can affect insurance rates in the future.
- Prior suspension may be a factor for certain employers in the future.
- Even if one is licensed out of state, a suspension from New York might follow you back to your home state.
- Suspensions can affect the ability to rent a car or disrupt travel plans in other ways.
- Driving while suspended is a big risk. Getting pulled over for any reason in New York while your license is suspended could lead to a criminal misdemeanor charge.
For all of these reasons, it is a much better idea to either fight or pay your speeding ticket in New York. Fighting it might not be as difficult as you think, and you might be able to reduce the severity of the ticket. If you have questions or want more details about what happens if you don’t pay a ticket in NY, call us to schedule your no-obligation case evaluation. We’ve helped many people with speeding summonses avoid the most severe penalties. Call (888) 445-9886 (TicketHELP) or contact us online to schedule your free case review today.
2. WHAT ARE THE PENALTIES FOR SPEEDING TICKETS IN NEW YORK?
Speeding penalties include fines which can vary greatly depending on where and how fast the person drove their vehicle. Penalties include surcharges, points on a license, and potential insurance increases. Speeding ticket points in NY are as follows:
- Unreasonable/imprudent speed for the conditions: 3 points
- <10 mph over the limit: 3 points
- 11-20 mph over the limit: 4 points
- 21-30 mph over the limit: 6 points
- 31-40 mph over the limit: 8 points
- 41+ mph over the limit: 11 points
Note that the accumulation of 11 or more points within 18 months can lead to the suspension of your driver’s license.
3. WHY WORK WITH A NEW YORK SPEEDING TICKET LAWYER TO FIGHT YOUR SPEEDING TICKET?
If you are skeptical about taking action on your speeding ticket because you can’t afford to pay it, you may assume that hiring an attorney will just make everything even more expensive. While it’s certainly an additional expense, properly defending a case might actually end up saving you money. Points, surcharges, and insurance increases can build up quickly. There are some situations where a simple and proper defense can minimize or eliminate penalties that would have been far greater than any attorney’s fee. Feifer & Greenberg is happy to provide advice tailored to your unique situation. We have handled thousands of individual tickets and violations over the years and are prepared to help our clients avoid the worst consequences. In many instances, we’re able to get tickets reduced or completely dropped. Find out what your legal options are for fighting your NY speeding ticket during a free, no-obligation consultation. Call (888) 445-9886 (TicketHELP) or contact us online now.
WHY SHOULD I FIGHT MY SPEEDING TICKET?
For many people, a speeding ticket is an unexpected expense that can’t fit into their budget. In such a case, they may scoff at the prospect of spending money on a New York speeding ticket lawyer, but doing so could actually save them money. If a driver has the means, they may be tempted to immediately pay off the ticket and put the incident behind them. Why drag out a stressful event longer than they have to? Because accepting a speeding ticket at face value means admitting to the alleged violation, which will cost money, time, and, potentially, your driver’s license. Losing your license to a suspension or revocation can, in turn, potentially cost you your job. In cases in which the accused person drives commercially, a driving conviction may even cost them future jobs because employers may declare it too expensive to insure them. Accruing a certain number of driver’s license points within 18 months will also require you to pay an annual driver responsibility assessment fee, which will add up to hundreds of dollars you could have saved by challenging your speeding ticket. Paying a speeding ticket is essentially admitting to the charge. Fighting a ticket gives you an opportunity to lower the severity of the alleged infraction, decrease potential costs and penalties, and avoid the ticket altogether. As onerous as it seems at first glance, challenging a speeding ticket is not only doable but strongly recommended. The process also is much less stressful than it initially appears. If you hire a New York speeding ticket lawyer, you typically won’t even need to appear in court to fight your speeding ticket. At Feifer & Greenberg, we handle everything for you, including filing appeals, if necessary. If you still aren’t convinced challenging your speeding ticket is the right path for you, read on. You also can contact us for a free case consultation.
IF I DON’T PAY THE TICKET OR APPEAR IN COURT WHAT WILL HAPPEN?
It might be tempting to ignore a traffic ticket. The TVB likely issues tons of tickets per week, so perhaps you can fly under their radar. It’s not like they would notice your missing response, right? Wrong.
If you ignore a traffic ticket, refuse to pay the related fine, and do not appear in traffic court, your driver’s license will be suspended. Once your license is suspended, it becomes a crime to drive. But you may be able to restore your license by answering the ticket as soon as possible and paying a $100 suspension termination fee.
I WAS SPEEDING FOR A GOOD REASON, CAN’T MY NEW YORK SPEEDING TICKET JUST GET DISMISSED OR THROWN OUT?
What if you were speeding to get to a hospital? What if your partner was hurt at their job site? What if your child forgot their lunch? There are tons of reasons people speed but the court and law enforcement officials don’t consider most of them to be valid. In certain cases, New York law does allow people to commit some acts considered to be unlawful if committing such acts was necessary to avoid imminent injury. The complexity of this argument will require you to work with a New York speeding ticket lawyer. Considering how the state statute requires the unlawful behavior to have been necessary to avoid danger, you shouldn’t expect common refrains such as being late to work or rushing to an appointment to qualify. There are instances in which a court shows unexpected mercy, such as in some cases involving first-time offenders.
1. What’s the worst that could happen?
It’s important to note that taking this approach — attempting to explain why you were speeding at all — does mean that you are admitting to committing the alleged offense. Admitting to the offense means that you give up your right to challenge the ticket and will most likely have to pay all the imposed fines and fees. You’ll also be hit with additional driver’s license points — points that you could have avoided by challenging the offense alleged in the ticket. At best, those who hear your explanation will agree with you and potentially drop the ticket. At worse, you may admit to additional offenses that could lead to additional tickets, fines, surcharges, points, and the like. Even if you think the alleged speeding was justified or if you’re sure that your reason will prevent you from facing any penalties, consult with a New York traffic ticket lawyer before trying to explain yourself. An experienced New York speeding ticket lawyer will know how to proceed so that you have the best possible chance of avoiding undue points or harsh penalties.
IF I TAKE A DEFENSIVE DRIVING CLASS WILL THAT HELP ME WITH MY TICKET?
If you pay the ticket and accept the imposed point penalty, you may still be able to avoid having your driver’s license suspended. A defensive driving class can help lessen the long-term penalties of a driving violation conviction and may even ease charge severity negotiations. These courses cover topics including state and local traffic laws, driver attitude and behavior, and defensive driving techniques. If you’ve accrued the dreaded 11-point total in 18 months, the TVB will allow you to take a DMV-approved course that has the potential to lower your point total and auto insurance rates. Upon successfully completing a course, up to four points may be removed from your calculated point total. However, the conviction will stay and points remain on your driving record and license, which may cause other issues. Defensive driving courses or Point and Insurance Reduction Program courses have extremely limited benefits. In some cases, such as mandatory driver’s license suspensions or driver responsibility assessment fees, the courses won’t be able to lessen the imposed penalty. Consult with a New York speeding ticket lawyer before agreeing to a course. You may be eligible for a lowered offense, which could mean avoiding a defensive driving course altogether. At this time, courses can be taken through a variety of methods. They can be online, in-person, or delivered through other channels, such as DVDs. If you need to find a course, the TVB has a list of approved courses and alternative attendance methods on its website. It’s important to note that these courses cost money, and many don’t require you to pass a test to complete the course successfully. In addition, courses don’t take much time. A Point and Insurance Reduction Program course is just over five hours long and may be completed in one or more sessions.
HOW LONG DO POINTS STAY ON MY DRIVING RECORD?
Points generally stay on your record for 18 months from the offense date. The DMV tallies points in 18-month blocks and uses that data to determine if you’re eligible for a driver’s license suspension or revocation. According to state law, obtaining three driving violation convictions within those 18 months will result in revocation. However, insurance companies will hold driver’s license points against you for three years, which means your insurance rates could spike with any driving offense.
HOW MANY POINTS WILL I GET FOR A NY SPEEDING TICKET?
The number of points levied against your driver’s license depends on the severity of the alleged violation. In the case of speeding, the total points imposed by the TVB are as follows: speeding up to 10 mph over the posted speed limit is worth three points, speeding 11 to 20 mph is worth four points, speeding 21 to 30 mph is worth six points, speeding 31 to 40 mph is worth eight points, and driving more than 40 mph above the speed limit is worth 11 points.
HOW MANY POINTS COME OFF MY LICENSE FOR A SPEEDING TICKET IN NEW YORK?
For a New York speeding ticket, the amount of points that come off your driver’s license varies depending on the severity. The exact amount of points can be found in the above section.
1. How much is a speeding ticket fine in New York?
In general, speeding ticket fines range between $45 to $800. The amount fined is based on the severity of the alleged offense, just like the imposed point system. In some cases, such as if the ticket was issued for speeding in a work zone, the fine will increase or even double. In addition to the monetary penalty, speeding tickets in New York also may be accompanied by possible prison time. In most cases, the possible prison time recommendation ranges between 15 to 30 days. This penalty depends on the severity of the alleged violation.
2. What if I am accused of speeding in a school zone?
If you were ticketed with speeding in a New York school zone, the potential fine total sharply increases. You may be fined between $90 and $1,200 depending on the severity of the alleged offense.
DO INSURANCE RATES GO UP IF I GET A SPEEDING TICKET IN NEW YORK?
Insurance rates don’t increase when you get a ticket, but they can increase if you’re convicted of the charge that the ticket alleges. Once ticketed for a supposed infraction, it’s possible to successfully argue the case and avoid any points appearing on your driver’s license. Insurance providers hold onto your point tally far longer than the TVB — 36 months versus 18 months. Working with an experienced New York speeding ticket lawyer may help you avoid accruing any points at all, which means you can put that additional insurance premium cash toward something you actually want to invest in. If you are convicted of the charge alleged in the ticket, you may be able to avoid increased insurance rates through programs such as the aforementioned defensive driving courses. In New York, auto insurance providers may lower your rate by as much as 10% upon completion of a defensive driving course. Your auto insurance provider may have additional options to lower your premium. Many insurance providers offer discounts for anti-theft technology, going paperless, and similar items or activities. Check with your provider to see what you qualify for and how you can lower your premium even further. If you’re unhappy with the additional discount options offered by your provider, make sure to shop around. Don’t settle for paying more than necessary (or more than you can afford).
1. Why would a speeding ticket conviction increase my insurance rates?
Though going a few miles over the posted speed limit may not seem like a lot numerically, even that slight increase in speed affects several safety factors. Depending on the road, the posted speed limit may have been found to be the maximum speed at which drivers could take specific turns or curves without the risk of flipping. In addition, speed increases every danger of driving. Distracted drivers who are speeding will have even less time to attempt to avoid a collision. Drivers under the influence of alcohol or illegal drugs have impaired reaction times that are much slower than sober drivers; If they go over the posted speed limit, which they usually do, they have even less time to react. Speeding during inclement weather conditions can make drivers more likely to crash, flip and suffer serious injury and death. In New York, speeding plays a factor in at least 30% of all traffic fatalities. In essence, being convicted of speeding implies that a driver is much more likely to crash and require insurance payouts; That makes it riskier (and more costly) to insure the driver.
WHAT ARE THE NEW YORK CITY SPEED LIMITS?
It’s not uncommon for drivers to assume that going a few miles over the posted speed limit is okay. In fact, you may have heard that you won’t be ticketed as long as you don’t go too fast, which is sometimes pegged as being about five or 10 mph over the speed limit. Well, that’s just not true. In New York, the speed limit is the very maximum speed that you should be traveling at on that road or in that area. In some instances, the state would prefer you actually go slower than the posted speed limit, especially if there are dangerous conditions such as low visibility or icy roads. On the whole, the state of New York says that drivers should match the flow of traffic unless other drivers are speeding. Remember that if you think that “but everyone was doing it” seems like a valid reason to speed. If there’s no posted speed limit, New York law states that drivers should maintain a speed of 55 mph. The maximum posted speed limit is 65 mph. Most roads will have signs listing the speed limit for that roadway. However, these limits may be updated, so it’s important to check regularly even if you’re driving on a familiar road. Just last year, New York City reduced the speed limit of more than 25 miles of nine popular roads by five mph.
CAN A LAWYER NEGOTIATE A NEW YORK SPEEDING TICKET CASE?
A New York speeding ticket lawyer can negotiate a speeding ticket case. However, they won’t be negotiating the potential penalties. They’ll instead focus on lowering the severity of the alleged infraction, which would naturally lower or eliminate any penalties. Negotiating a speeding ticket to a lower charge usually means fighting for the charge to be considered a different type of moving or non-moving violation. With this method, we have been able to get our clients’ tickets reduced or dropped completely. As part of a negotiation, you may be asked to perform certain tasks, such as take part in the aforementioned defensive driving courses, in exchange for a lower charge or violation. A New York traffic ticket lawyer will know what options are available to you and how best to negotiate to lower or completely eliminate any penalties. However, there’s no negotiating point penalties when it comes to the NYC Traffic Violations Bureau, but an experienced New York speeding ticket lawyer can always appeal the traffic conviction within a certain period of time. In local courts, such as those in a city, town, or village, it’s possible to negotiate a lower point penalty. Our lawyers have experience with nearly every court in the state, so we at Feifer & Greenberg are prepared to handle your case wherever it was filed.
1. When fighting a New York speeding ticket, where should I begin?
Before anything else — responding to the ticket, entering a plea online — contact a New York traffic ticket lawyer. You deserve to know your options, and consulting with a legal expert is the only way you’ll be able to make a completely informed and educated decision. You now know that speeding tickets are far more expensive than the fee or fine specified by the ticket itself. Avoiding or negotiating a lower charge will save you stress, time, and money. Contact us today at (888) 842-5384 (TicketHELP) or tickethelp.com for a free case consultation.