Getting a Speeding Ticket in New York

Table Of Contents

1. Getting a Speeding Ticket in New York
2. Point System For Speeding In New York
3. Fines Associated With Speeding Violations In New York
4. Driver Responsibility Assessment (DRA)
5. The Truth About Driver Safety Classes & Traffic School
6. Plea Bargaining New York Speeding Tickets
7. Case Study
8. TVB Speeding Tickets Vs. Non-TVB Speeding Tickets
9. Statutory Text Of NY Vehicle & Traffic Law 1180 & 1182
10. Clarifying VTL 1180 & VTL 1182 And How They Affect You
11. Common Defenses Against A New York Speeding Ticket & Case Law Analysis
12. The Rule Of Strict Liability In Traffic Court
13. Radar Detection, Radar Errors, And Beating A Radar Speeding Ticket
14. Visual Estimations (“Eyeballing It”) & Beating A Visual Estimate Speeding Ticket
15. Pacing & Beating A Pacing Speeding Ticket
16. Using Evidentiary Objections To Help Beat Your New York Speeding Ticket
17. Five Biggest Mistakes Drivers Make When Trying To Fight Their New York Speeding Tickets
18. Why It Pays To Hire A New York Speeding Ticket Lawyer
19. Concluding Remarks

After a long and stressful day at work, you hop in your car and start cruising down the highway. Thinking nothing of it, you put on some tunes and merge into the fast lane. You start to increase your speed in the hope of getting home in time for dinner, but a few moments later it happens. In your rearview mirror you can see the flashing lights and over your music you can hear the siren. Your eyes grow wide, your heart sinks, and you immediately know that dinner will have to wait.

Many of us cringe at the thought of getting pulled over by a police officer, let alone receiving a New York speeding ticket. Some of us ignore our tickets and think they will go away while others simply pay the fine and get points instead of fighting the ticket. In reality, doing either of these will lead to disastrous consequences that will make you pay in the long run for your hasty short-term decision.

Unfortunately, many people are entirely unaware of the hidden costs associated with New York speeding tickets. Aside from the cost of your fine, you will be forced to pay an $80-$85 surcharge and the conviction will likely make your insurance premium skyrocket. On top of the monetary costs, receiving 3 speeding convictions in 18 months will result in an automatic suspension of your driving privileges. Similarly, accumulating 11 points in 18 months will also result in the suspension of your New York license. Consequently, by pleading guilty or otherwise getting convicted of speeding in NY, you face a battery of negative repercussions that will remain with you for quite some time.

Lastly, in 2011, there were 28,147 speeding-related accidents in New York alone. Of those, 284 were fatal and 12,838 resulted in physical injuries. These figures reveal that the negative consequences of speeding do not simply impact you alone, they impact society at large. Therefore, it is absolutely imperative for every driver to realize the scope of his or her actions, and we must do all we can to keep our streets and highways safe.

Point System For Speeding In New York

Think for a moment: How often do you drive 1-10 miles over the posted speed limit in one day alone? Presuming that you are honest with yourself, you will soon realize that if you were pulled over and ticketed for every time you were speeding 1-10 mph over the limit, you probably would not be allowed on the road much longer!

Although police do not catch every driver who is speeding, New York State police have been increasing their enforcement and numerous speeding ticket blitzes have cropped up all across New York State. Police officers are out in record numbers ready and waiting to issue you a speeding ticket, so be careful.

Fines Associated With Speeding Violations In New York

The following chart includes all of the speeding-related offenses recognized in New York, their corresponding Vehicle and Traffic Law (VTL) number, how much the maximum fine for the violation is, and the court surcharge.

As you can see, there are various kinds of speeding-related offenses in New York, and each one has its own separate fine. Obviously, the faster you are traveling, the higher the fine you will incur. Interestingly, getting caught racing in New York could cost you up to $525 even if your speed is relatively low. 

Also, although it is listed as an offense with a maximum fine of $150, the average New York driver is hardly ever cited for driving too slowly. 

Driver Responsibility Assessment (DRA)

If you accumulate 6 or more points on your New York license arising out of one or more traffic ticket convictions within 18 months, you will be required to pay the Driver Responsibility Assessment (DRA) in addition to the fines and surcharges noted above.

Accumulating 6 points in 18 months will obligate you to pay $100 per year for 3 years. If you get more than 6 points in 18 months, you will be charged an additional $25 per year for each additional point you receive. This means 1 extra point will cost you $75 total because the assessment lasts for 3 years.

For example, if you have 7 points on your New York license, you will be forced to pay $125 per year for three years. In total, you will end up paying $375 just for your Driver Responsibility Assessment. Remember, that $375 is a separate cost above and beyond your initial fines, surcharges, and any insurance hike you could suffer.

The Truth About Driver Safety Classes & Traffic School

Most motorists think that if they take a driver’s safety class or go to traffic school, the points on their license will be wiped away. This is totally untrue.

In reality, electing to take a driver’s safety course will only give you a credit of up to 4 points for traffic tickets you already received at the time you take the class. This only expands the total number of points you are allowed to accumulate before New York will suspend your driver’s license. In other words, traffic school does not remove the points from your license and your traffic violations will remain on your driving record.

Remember, your insurance company will still see that you were convicted of these traffic violations and incurred a set number of points for them.

Consequently, your insurance rate can still (and probably will) go up.  Another fact most drivers do not know is that a person is only eligible to take a driver’s safety class once every 18 months. When you put it all together, driver’s school is much less helpful than hiring a skilled traffic ticket attorney to get your charge reduced or dismissed entirely.

Plea Bargaining New York Speeding Tickets

If you plan on going to traffic court to fight your NY speeding ticket on your own, you probably expect to be offered a reduction. Contrary to popular belief, not everyone who represents himself is offered a deal by the prosecutor. Unfortunately, the process can be very subjective and New York law gives prosecutors a great deal of discretion when it comes to negotiating plea bargains.

Moreover, even when drivers are offered a plea bargain, they are often unable to tell whether it is a good deal or not. Granted, most people will use their common sense and recognize that a reduction of a 4 point speeding ticket to a 2 point speeding ticket is better than nothing, but they will not know if they could have done better. Likewise, certain prosecutors are only willing to lower a speeding ticket by 10 mph while others are amenable to reducing them to 0 point parking tickets or something in between.

Without having knowledge of the prosecutor, the negotiation process, and what to tell a prosecutor in order to get the best deal possible, a driver who represents himself can end up shooting himself in the foot. Therefore, it is key to hire an experienced traffic ticket attorney who can spot a good deal when he sees one, is familiar with the prosecutors, understands the negotiation process very well, and knows what to say to get you the best results.

In many cases, a lawyer can be exceptionally helpful in getting a prosecutor to offer a reduction to begin with or offer a better deal than what was initially contemplated.

Case Study

Recently, one of our clients received a letter from a prosecutor saying that he was NOT going to offer our client a deal or consent to having him appear by proxy. The man was charged with driving 110 mph in a 65 mph zone (45 over). If convicted, he would have received: 11 points, an automatic license suspension, a fine and surcharge of up to $685, a monumental insurance hike (if they did not drop his coverage altogether), and a total DRA (to be paid out over 3 years) of $675. However, using our skill and experience, we got the prosecutor not only to consent to him appearing by proxy, but the prosecutor also offered our client a great deal given his circumstances. The speed was reduced by 20 mph and we saved our client both time and money.

TVB Speeding Tickets Vs. Non-TVB Speeding Tickets

If you receive a TVB speeding ticket, that means your case is being heard in the Traffic Violations Bureau (TVB). The TVB handles traffic court cases involving violations committed in the 5 boroughs of NYC (Manhattan, Brooklyn, Queens, The Bronx and Staten Island).

The Traffic Violations Bureau operates under its own separate rules and handles traffic ticket matters very differently than regular NY traffic courts. For starters, the TVB does not allow for plea bargaining. If you receive a NY speeding ticket and your case is being heard by the TVB, you can only plead guilty or not guilty.

However, if you receive a NY speeding ticket in an area outside of the 5 boroughs, then your speeding ticket case will be held in regular traffic court. In regular traffic court, it is possible to enter into a plea bargain with a prosecutor and plead guilty to a reduced charge.

At this point, a logical question to ask is: “If I cannot plea bargain in the TVB, how do I win my case?” Since the TVB operates under its own rules, it pays to hire an attorney who has handled a lot of TVB cases. Although rarely vocalized, it is a well-known fact that the TVB will give deference to a lawyer that is not afforded to a driver who attempts to represent himself.

There are two main strategies that your attorney can use to help you win in the TVB. First, he will help you push the final trial date as far as possible into the future so you will not suffer any of the negative consequences associated with your speeding ticket. Postponing the case can help increase the chances that the police officer will not show up at trial and the likelihood of your case being dismissed. While a dismissal for a “no-show” is not mandatory, it is a practice that is commonly followed in the TVB. Although the process can be lengthy and arduous, your attorney will handle the whole thing for you.

You might be thinking, “I can do that too!” However, attorneys that are “frequent flyers” in the TVB are given more leeway when it comes to requesting adjournments and will be given more of them than a layperson. Consequently, if you were to ask for an adjournment in the TVB and be denied one on the day that the officer who ticketed you is present, you would most likely be convicted (presuming the prosecutor proves you sped). In contrast, an attorney would skillfully explain why the adjournment is needed and likely have it granted.

To get a genuine understanding of New York’s speeding laws, it is vital to have a working knowledge of the speeding statute itself. The statute is rather long and—at times—can be quite intricate. Consequently, to help you navigate through the complex thicket of legalese, the section immediately following analyzes the statute in detail and explains it to you section-by-section in plain English.

Statutory Text Of NY Vehicle & Traffic Law 1180 & 1182

New York Vehicle and Traffic Law (VTL) 1180. Basic rule and maximum limits.

(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

(b) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) of this section or when maximum speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour.

(c) Except as provided in subdivision (g) of this section, whenever maximum school speed limits have been established on a highway adjacent to a school as authorized in section sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three or sixteen hundred sixty-two-a, no person shall drive in excess of  such maximum school speed limits during:

(1) school days at times indicated on the school zone speed limit sign, provided, however, that such times shall be between the hours of seven o’clock A.M. and six o’clock P.M. or alternative times within such hours; or

(2) a period when the beacons attached to the school zone speed limit sign are flashing and such sign is equipped with a notice that indicates that the school zone speed limit is in effect when such beacons are flashing, provided, however, that such beacons shall only flash during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities.

(d) 1. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other than school speed limits, have been established as authorized in sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred twenty-three, sixteen hundred twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,  sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy, no person shall drive in excess of such maximum speed limits at any time.

2. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other than school speed limits, have been established with respect to any restricted highway as authorized in section sixteen hundred twenty-five, no person shall drive in excess of such maximum speed limits at any time.

(e) The driver of every vehicle shall, consistent with the requirements of subdivision (a) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when approaching and passing by an emergency situation involving any authorized emergency vehicle which is parked, stopped or standing on a highway and which is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three  hundred seventy-five of this chapter, when traveling upon any narrow or winding roadway, and when any special hazard exists with respect to pedestrians, or other traffic by reason of weather or highway conditions, including, but not limited to a highway construction or maintenance work area.

(f) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) or (e) of this section or when a lower maximum speed limit has been established, no person shall drive a vehicle through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit. The agency having jurisdiction over the affected street or highway may establish work area speed limits which are less than the normally posted speed limits; provided, however, that such normally posted speed limit may exceed the work area speed limit by no more than twenty miles per hour; and provided further that no such work area speed limit may be established at less than twenty-five miles per hour.

(g) (i) No person who uses a radar or laser detector in a vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, or a commercial motor vehicle with a gross vehicle weight rating of more than ten thousand pounds, shall drive at a speed in excess of fifty-five miles per hour or, if a maximum speed limit other than fifty five miles per hour as hereinbefore authorized has been established, at a speed in excess of such speed limit. The presence in any such vehicle of either: (1) a radar or laser detector connected to a power source and in an operable condition; or (2) a concealed radar or laser detector where a part of such detector is securely affixed to some part of the vehicle outside of the cab, in a manner which renders the detector not readily observable, is presumptive evidence of its use by any person operating such vehicle. Either such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar or laser detector was not in use.

(ii) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a radar or laser detector, unless otherwise provided by law.

(h) Upon a conviction for a violation of subdivision (b), (c), (d), (f) or (g) of this section, the court shall record the speed upon which the conviction was based on the certificate required to be filed with the commissioner pursuant to section five hundred fourteen of this chapter, or if the conviction occurs in an administrative tribunal established pursuant to article two-A of this chapter, the speed upon which the conviction was based shall be entered in the department’s records.

1. Every person convicted of a violation of subdivision (b) or paragraph one of subdivision (d) of this section shall be punished as follows:

(i) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by not more than ten miles per hour, by a fine of not less than forty-five nor more than one hundred fifty dollars;

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than ten miles per hour but not more than thirty miles per hour, by a fine of not less than ninety nor more than three hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment;

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than thirty miles per hour, by a fine of not less than one hundred eighty nor more than six hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

2.  Every person convicted of a violation of subdivision (a) or (e) of this section shall be punished by a fine of not less than forty-five nor more than one hundred fifty dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment.
3. Every person convicted of a violation of paragraph two of subdivision (d), subdivision (f) or (g) of this section shall be punished as follows:

(i) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by not more than ten miles per hour, by a fine of not less than ninety nor more than one hundred fifty dollars;

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than ten miles per hour, but not more than thirty miles per hour, by a fine of not less than one hundred eighty nor more than three hundred dollars or by imprisonment for not more than thirty days, or by both  such fine and imprisonment, provided, however, that where the vehicle is either (A) in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or (B) transporting flammable gas, radioactive materials or explosives, the fine shall be three hundred dollars or imprisonment for not more than thirty days, or both such fine and imprisonment;

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than thirty miles per hour, by a fine of not less than three hundred sixty nor more than six hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment, provided, however, that where the vehicle is either (A) in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or (B) transporting flammable gas, radioactive  materials or explosives, the fine shall be six hundred dollars or imprisonment for not more than thirty days, or both such fine and imprisonment.

4. Every person convicted of a violation of subdivision (c) of this section when such violation occurs in a school speed zone during a school day between the hours of seven o’clock A.M. and six o’clock P.M., shall be punished as follows:

(i) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by not more than ten miles per hour, by a fine of not less than ninety nor more than three hundred dollars;

(ii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than ten miles per hour but not more than thirty miles per hour, by a fine of not less than one hundred eighty nor more than six hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment;

(iii) Where the court or tribunal records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than thirty miles per hour, by a fine of not less than three hundred sixty nor more than one thousand two hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

5. Notwithstanding the foregoing provisions of this subdivision, the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional one hundred fifty dollars if the conviction is for a second violation of any subdivision of this section where both violations were committed within an eighteen  month period, and the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional three hundred seventy-five dollars if the conviction is for a third or subsequent violation of any subdivision of this section where all such violations were committed within an eighteen month period. Where an additional fine is provided by this paragraph, a sentence of imprisonment for not more than thirty days may be imposed in place of or in addition to any fine imposed.

New York Vehicle and Traffic Law (VTL) 1182. Speed contests and races.

1. Except as provided in section eleven hundred eighty-two-a of this article or section sixteen hundred thirty, sixteen hundred forty, sixteen hundred forty-two or sixteen hundred sixty of this chapter, no races, exhibitions or contests of speed shall be held and no person shall engage in or aid or abet in any motor vehicle or other speed contest or exhibition of speed on a highway. Such event, if held, shall be fully and efficiently patrolled for the entire distance over which such race, exhibition or contest for speed is to be held. Participants in a race, exhibition or contest of speed are exempted from compliance with any traffic laws otherwise applicable thereto, but shall exercise reasonable care. A violation of any of the provisions of this section shall constitute a misdemeanor and be punishable by imprisonment of not more than thirty days or a fine  of not less than three hundred dollars nor more than five hundred twenty-five dollars, or both such fine and imprisonment.
2. A second conviction within twelve months of a violation of this section shall be punishable by imprisonment of not more than six months or a fine of not less than five hundred twenty-five dollars nor more than seven hundred fifty dollars, or both such fine and imprisonment.

Clarifying VTL 1180 & VTL 1182 And How They Affect You

Speed Not Reasonable And Prudent

The first piece of the New York speeding statute describes the offense commonly referred to as speed not reasonable and prudent:

“(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”

Essentially, this provision makes it unlawful for a person to be driving at an unreasonable speed given the road conditions and surrounding circumstances. The practical effect of this is that you could be going the speed limit and still get cited for a speeding offense. That may sound very contradictory, but, in actuality, it makes a lot of sense.

To illustrate, if you were driving 63 mph with music blasting in a 65 mph zone during a thick, heavy snowstorm that completely decreased road visibility, an officer could pull you over and cite you for traveling at a speed not reasonable and prudent [VTL 1180(a)]. Similarly, if you hit a deer, telephone pole, or a traffic sign in very inclement weather, an officer can issue you a ticket for this offense (even if you were driving well within the speed limit). Although getting cited for speed not reasonable and prudent is rather rare, it still happens more often than you might think.