Speeding tickets in New York are probably the traffic ticket we receive the most questions about. Speeding ticket points range from three to eleven (enough for a suspension from a single speeding ticket) depending on how far over the limit you were driving. Speeding tickets are not good for your driving record and certainly not good for your automobile insurance.
Motorists who have been issued a speeding ticket will usually claim one of the following:
- I wasn’t driving as fast as the officer said I was
- I was driving above the speed limit but I have a good reason
- I was just keeping up with traffic
- I was speeding and I simply got caught
Our strategy generally does not depend on which category applies to our client. The issuing officer is likely to offer the same testimony regardless of the category in question. In the officer’s opinion, you were speeding, it wasn’t justified and it doesn’t matter how fast anyone else on the road was driving. If you have reasons you feel you were not guilty, don’t expect the officer to agree (he wouldn’t have issued the ticket if that was the case).
In some cases, it is possible for an individual to have a defense or justification for speeding that couldn’t be explained to the officer (or the officer simply wouldn’t accept) during the car stop. Of course, we’ll be happy to discuss any potential defense or justification in your case. That said, we make sure you understand that offering a defense or justification is a strategy that must be considered carefully. It’s basically an admission as far as the speed in question. If the judge doesn’t agree with or believe the defense or justification, you’ve admitted to speeding and the judge doesn’t think you had a good reason for driving too fast.
Speeding Ticket Law
Section 1180 of the NYS Vehicle and Traffic law will be the most commonly cited section on a NY speeding ticket. This section includes information regarding school zone and work zone speeds as well.
In NYC, while many will be charged under Section 1180 of the VTL, we’ll also see some people charged under Section 4-06 of the NYC Traffic Rules. This is a section specific to NYC that also sets forth the default speed limit of 25 mph where there are no signs indicating a higher speed limit.
Speeding Ticket Methods
While there are a number of different technologies and methods used to measure speed of a vehicle, the three seen most with respect to New York speeding tickets are radar, laser, and pace (clock and follow). All methods of measuring speed may have a similar purpose but they achieve their objectives and are operated quite differently. Read more about the different methods used to measure speed.
In any speeding case, an officer must be prepared to offer certain evidence and set forth certain testimony to the court. Feifer & Greenberg attorneys are highly experienced and familiar with all the issues involved with a speeding ticket. Whether we proceed to trial or negotiate a plea bargain, we will do everything possible to minimize the damage caused by a speeding ticket in New York.
Speeding Ticket FAQs
Can I lose my driving privileges for speeding?
Certain speeding tickets can add 11 points to a driving record, and 11 points is the number at which suspension becomes a real concern. An 11 -point speed is a big one (41+ mph over the limit). Smaller speeds can cause problems if you already have other points or issues on the record. Three speeds of any size in an 18-month period is an automatic 6-month revocation.
What are the NYC speed limits?
The default speed limit in NYC is 25 mph. This means unless you see a sign stating otherwise, the limit is 25 mph. There is nothing higher in NYC than 50, even on the highways.
Does the officer need to show me his radar or laser?
No, this is a common misconception. The ticket (and your interaction on the roadway with the officer) serve only to let you know what you were charged with and where/when it happened. While some officers may be a little friendlier and offer more information than others, they aren’t obligated to show or say anything when they hand you a properly completed ticket.
What if I was speeding just to avoid an accident or pass a vehicle?
We all do what we have to do while driving, but if you get a ticket, the officer might not see it the way you do. Officers will always argue that “if they saw a near accident” they wouldn’t have issued a ticket. They are also likely to argue that they observed your speed to be constant over some distance (not just a mere quick “passing” of a vehicle). True or not, presenting such reasoning for speeding is unlikely to assist in one’s defense.
The officer was in _____ position. How could he possibly measure my speed?
We hear a lot of people argue that the officer couldn’t possibly have an accurate measurement because he was moving or driving the other direction or behind someone or in front of someone or facing the wrong way, etc. The officer will always be required to testify the position of his vehicle and how (what method) the speed was measured. It’s unlikely an officer will come to court without plausible testimony regarding the measurement.
How does the officer know it was MY car that was speeding if others were too?
First, the officer will need to be willing to testify that he never lost sight of your vehicle from the first observation of your vehicle until the car actually stopped. Second, regarding whatever method he relied on to measure your speed, he’d need to establish that equipment was working properly and was used properly (and thus able to isolate and identify your individual vehicle). There may have been other cars also speeding but it’s yours that the officer will need to talk about in court.
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