What Is The Cost of A New York Speeding in a Work Zone Ticket?

Fines: A New York speeding in a work zone ticket costs between $90 and $600. Specifically, it costs $90-$150 for going 1 mph to 10 mph over the limit; $180-$300 for going 11 mph to 30 mph over; and $360-$600 for going 31+ mph over. The minimum fine is double that of a standard speeding ticket.

Surcharges: A mandatory state surcharge of $88 or $93 (depending on whether the driver was in a city or a town/village) is assessed on top of every New York speeding in a work zone ticket. This is in addition to the fine.

Driver Responsibility Assessment Fee (DRA): The New York DMV will issue an additional fine to any driver who receives six or more points within a 24-month period. This fine is known as the Driver Responsibility Assessment fee (DRA). A DRA costs $300 plus $75 for each point after six. This fee is paid to the DMV and is separate from the fines and state surcharge associated with the ticket.

Points: Under recent changes to New York State law, speeding in a work zone will result in 8 points on one’s license if caught traveling up to 40 mph over the speed limit. If the driver is caught speeding 41 mph or more over the limit, it will result in 11 points, which can lead to license suspension. These penalties emphasize the serious safety risks associated with speeding in work zones. Accumulating 11 or more points within a 24-month period may result in license suspension or revocation by the DMV.

Auto insurance premium increases: Drivers with a speeding in a work zone conviction on their driving record can see their insurance premiums increase. Several studies have found that just one traffic ticket can lead to up to a 30 percent increase in a driver’s auto insurance rates.

Suspended License for Second Offense: Two convictions for speeding in a work zone in New York within 18 months of each other can result in a revoked license.

Driver Improvement Clinics: Mandatory for High-Point Drivers

Under New York State law, drivers who accumulate 7 to 10 points on their license are required to attend a Driver Improvement Clinic. These clinics are designed to educate drivers about safe driving practices and help them reduce the likelihood of future violations.

What You Need to Know About Driver Improvement Clinics:

• Eligibility: Drivers with 7 to 10 points on their record are required to participate.
• Purpose: The program aims to improve driving skills and raise awareness of the consequences of unsafe driving.
• Benefits: Successful completion may help prevent further penalties, such as license suspension, and could lower insurance rates in some cases.

For drivers with 8 points due to a work zone speeding ticket, attending a Driver Improvement Clinic is an important step to avoid escalating penalties and ensure compliance with state requirements.

Hiring an Attorney to Fight a NY Speeding in a Work Zone Ticket

A conviction for speeding in a work zone in New York can cost hundreds if not thousands of dollars thanks to the combination of fines (which can be doubled), surcharges, and insurance increases. This, plus the risk of a revoked license following a second conviction makes hiring a lawyer to get the ticket reduced or dismissed (if possible) a smart move. An attorney can attempt to reduce a speeding in a work zone ticket to a non-work zone speed or non-speeding violation or plead it down to a lesser-point ticket such as imprudent speed (a three-point violation regardless of speed). By getting tickets reduced drivers can mitigate the impact on one’s driving record and auto insurance rates. NYC is the only location which doesn’t permit plea bargain negotiations but all other NY locations do.

Hiring an attorney means the driver does not have to go through the hassle associated with fighting a ticket in court. The lawyer can take over the case and do all the work, including appear in court on the driver’s behalf.

What is a Work Zone?

Under NYS VTL 1180(f), a “work zone” (also called a “work area” or “construction zone”) is a location on a roadway that is used or being occupied for roadwork in which workers, vehicles, equipment, materials, supplies, excavations, or other obstructions may be present.

It is important to understand that actual construction work does not need to be in progress in order for the area to be considered a work zone. This means that speeding in an unoccupied work zone is just as much a violation of VTL 1180(f) as when construction is in full swing.

A work zone is usually marked off by orange barrels or cones and the work zone speed limit sign will also be orange. Remember, New York State law prohibits the speed limit in a work zone from being more than 20 mph under the usually posted limit and it cannot be less than 25 mph.

How to Fight a New York Work Zone Speeding Tickets

Unlike criminal charges, most traffic infractions carry strict liability. This means that one’s mental state or other situations are not likely to mitigate the charge. For example, a driver who claims he was not aware that it was a work zone (assuming there was posted signage), or admits to speeding in a work zone because he needed to use the restroom or had a personal emergency will usually not find the officer or judge to be sympathetic. That is because, by saying this, the person has fully admitted to committing the violation, putting his/her guilty beyond doubt. As such, these excuses will not hold up in a court of law or in negotiations with a prosecutor.

The only way to defend a speeding in a work zone ticket is to make a legal argument as to why the driver’s action was not in violation of the law. This is best accomplished by hiring an experienced traffic ticket attorney who is familiar with the ins and outs of traffic ticket law and has been trained to make legal arguments in court.

One common defense that can be raised (when applicable) is that the driver was not given substantial notice of the work zone’s existence. In other words, if there were no cones or signs informing drivers that a stretch of highway has been deemed a “work zone,” he/she may be able to get out of the ticket or have it lowered.

This defense will almost always work if there literally was no signage whatsoever and no indication that a rational driver could use to help determine that it was a construction zone (i.e. there were no work vehicles with blinking lights and cones/barrels were not around, etc.).

In Keller v. Kruger, 2013 NY Slip Op 23073 (Sup. Court 2013) one of the parties submitted an affidavit (sworn statement) indicating that “the construction zone was clearly visible with road signs, traffic barrels, and good illumination.”

However, it can get trickier if there was a sign, but it was obscured by a tree or if some cones were present but not a lot. Nevertheless, even in this case an attorney will usually be able to help reduce a work zone speeding ticket to a lower offense.

Remember, the key to a successful defense against VTL 1180(f) is having an experienced traffic ticket attorney craft the argument and having the appropriate pictures and evidence ready for him or her to use in negotiations with the prosecutor.

Out-of-State Drivers

Drivers licensed outside New York should not make the mistake of thinking they can ignore a New York speeding ticket, especially one for speeding in a work zone. Failing to respond to or pay a work zone speeding ticket can result in a suspension of driving privileges in New York. In certain situations the driver can also found guilty be default. Unfortunately, paying a New York speeding ticket means admitting guilt and accepting a conviction as well as the points, fines and potential for auto insurance increases. New York is also likely to inform the home state of a driver of any convictions, which means those convictions are almost assured to end up on a person’s driving record.

Data on NY Work Zone Speeding Tickets

Police in New York State issued a total of 3,394 tickets for speeding in work zones in 2023, the most recent year for which data is available. The county issuing the most tickets was Jefferson County, with 813 citations. Other counties, such as Schenectady (302 tickets) and Cattaraugus (247 tickets), also ranked among the top issuers. None of New York City’s five boroughs individually ranked in the top tier for work zone speeding tickets. However, a combined total of 76 tickets were issued across NYC. The majority of these were in the Bronx (35), followed by Kings (18) and New York County (15).