New York Speeding Ticket
Speeding poses significant risks, including accidents, serious injuries, and fatalities, underscoring the importance of speed limit laws. According to the Governor's Traffic Safety Committee, in New York State, about 30% of all traffic fatalities list speeding as a contributing factor. Because of the potential consequences of speeding, the penalties can be significant such as fines and license suspension. However, receiving a speeding ticket doesn't automatically indicate a violation. If you believe you received an unjustified speeding ticket, contact an experienced New York speeding ticket lawyer at Stephen Bilkis & Associates. We are dedicated to providing vigorous defense, ensuring that your legal rights are protected throughout the process. Navigating the complexities of a speeding ticket case requires a thorough understanding of the law. Whether questioning the accuracy of evidence, challenging the legality of the traffic stop, or negotiating for a reduced charge, our team is committed to advocating for your best interests.Understanding New York Speeding Tickets
New York traffic laws define speeding as operating a motor vehicle at a speed greater than posted speed limits or greater than what is reasonable and prudent under the given conditions.
- VTL § 1180(a): Establishes maximum speed limits on various types of roadways, such as state and interstate highways, local roads, and school zones. In People v. Dorsey, 2022 N.Y. Slip Op. 22001 (N.Y. Just. Ct. 2022), the defendant after being involved in an accident, faced charges under § 1180(a) for "speed not reasonable and prudent." Officer Brewer responded to a crash, finding the overturned vehicle and signs of intoxication. Defendant argued insufficiency, noting the vague supporting deposition lacked crucial details regarding the alleged speeding offense under § 1180(a).The court dismissed the speeding charge, citing the insufficient supporting deposition that lacked specific details about the alleged offense. The decision on suppressing blood draw results was reserved for a future hearing.
- VTL § 1180(b): Provides guidelines for reduced speed limits in certain circumstances, including when approaching intersections or hazardous conditions.
- VTL § 1180(c): Requires reduced speeds around schools and provides for enhanced penalties for speeding.
- VTL § 1180(e): Requires reduced speeds at a railroad crossing, curve, hill crest, or when approaching a situation where there is an emergency vehicle
- VTL § 1180(f): Provides for enhanced penalties for speeding offenses that occur in active work zones, where construction or maintenance activities are underway.
The penalties for speeding violations in New York vary based on factors such as the speed at which the vehicle was traveling, the location of the offense, and any prior convictions.
- Fines. VTL § 1180(f) establishes the fines for speeding violations, ranging from $45 to $600, depending on the speed over the limit.
- Points on Driving Record. VTL § 1180(b) assigns points to the driver's record based on the speed at which the offense occurred. Accumulating too many points within a specific timeframe can lead to additional consequences.
- Driver Responsibility Assessment (DRA). VTL § 503 authorizes the imposition of a Driver Responsibility Assessment for individuals who accumulate six or more points on their driving record within an 18-month period. The assessment is an additional financial penalty.
- License Suspension. VTL § 510 grants the Department of Motor Vehicles (DMV) the authority to suspend a driver's license for accumulating 11 or more points within an 18-month period.
When issued a speeding ticket in New York, individuals have options for addressing the violation. Understanding the procedural steps and available choices is essential:
- Paying the Fine: Admitting guilt and paying the specified fine is a straightforward resolution. However, this option may result in points on the driving record and potential insurance premium increases.
- Pleading Not Guilty: Individuals can choose to contest the speeding ticket by pleading not guilty. This initiates a legal process that involves a hearing before an administrative law judge.
- Attending a Driver Safety Course: In certain cases, individuals may be eligible to attend a driver safety course to offset points on their driving record. This option is subject to specific conditions and is not applicable to all situations.
If you decide to challenge your speeding ticket and plead not guilty, contact an experienced speeding ticket attorney in New York to help you present evidence to support your case. Common defenses to traffic tickets include:
- Challenging the Accuracy of Speed-Measuring Devices. Questioning the accuracy and calibration of the speed-measuring device used by law enforcement can be a defense. This may involve requesting calibration records and examining whether the device was properly maintained.
- Disputing the Legality of the Traffic Stop. If the traffic stop was conducted without proper legal justification, it can be challenged. For example, if there was no valid reason for the stop or if the officer did not follow proper procedures, the ticket may be contested on these grounds.
- Mistake of Fact. Asserting that the alleged speed was a result of a mistake, such as misjudging the speed limit, faulty road signs, or unclear markings, can be a viable defense.
- Necessity or Emergency. If the driver can demonstrate that speeding was necessary to prevent harm or respond to an emergency, this may serve as a defense.
- Procedural Errors on the Ticket. Identifying errors or omissions on the ticket, such as incorrect vehicle information or missing details, can be used to challenge the validity of the citation.
- Radar or Laser Gun Interference. Claiming that external factors interfered with the accuracy of radar or laser guns used by law enforcement officers may be a defense.
- Traffic Flow Defense. Arguing that the driver's speed was consistent with the flow of traffic may be a defense in certain situations.
At Stephen Bilkis & Associates, we recognize the challenges and uncertainties associated with confronting a New York speeding ticket. Our dedicated team of traffic ticket attorneys serving New York is committed to offering the legal support necessary for a successful navigation of the complexities within the New York legal system. Don't allow a speeding ticket to disrupt your life. Reach out to us today for a consultation, and let us leverage our expertise on your behalf. Contact us at 800.696.9529 to schedule a free, no-obligation consultation to discuss the details of your situation. We serve clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County. Your future is on the line, and we are here to help you navigate the complexities of the legal system and secure the best possible outcome for your case.