Penalties For New York Commercial Drivers
You must notify your employer within 30 days of a traffic ticket conviction if you are convicted in another state.
The Federal Motor Carrier Safety Administration outlines the following commercial driver penalties:
First Offenses
Your CDL can be suspended or revoked for at least one year if you:
- Operate your commercial motor vehicle with a BAC of 0.04% or higher.
- Operate any vehicle under the influence of alcohol or any controlled substance.
- Refuse a blood alcohol test.
- Commit a felony with a vehicle.
- Leave an accident scene without reporting it.
- Causes a fatality with your CMV including, but not limited to, criminally negligent homicide and vehicular manslaughter.
- Operate your CMV while your CDL is suspended, revoked, or cancelled or after you’ve been disqualified.
Note that:
- You’ll lose your CDL for 3 years if you commit any of these offenses while operating a CMV placarded for transporting hazardous materials.
- You’ll lose your CDL for life if you use your CMV to commit a felony involving controlled substances.
Second Offenses
If you commit any of the above offenses a 2nd time, you will lose your CDL for life.
Serious Traffic Offenses
You can lose your CDL for at least:
- 60 days if you have committed 2 serious offenses with your CMV during a 3 year period.
- 120 days if you have committed 3 serious offenses with your CMV during a 3 year period.
Serious offenses include:
Fines & Speeding Tickets
For many people, the immediate consequence of a speeding ticket is the associated fine. In New York State, your fines will depend on how far over the speed limit you were going, but are also subject of a wide range of dollar amounts that is within the discretion of the judge. Excessive speeds can sometimes even lead to jail time.
- 1 to 10 mph over the speed limit carries a fine of $45 to $150 as well as a surcharge which is $93 in most courts.
- 11 to 30 mph over the speed limit carries a fine of $90 to $300 plus the surcharge. In some cases a judge can impose jail as well for up to 15 days.
- 31 mph or more over the speed limit carries a fine of $180 to $600 plus the surcharge. Judges also have the power to impose jail for up to 30 days.
- Imprudent speed, which is defined as traveling unsafely for current conditions, can result in a fine of $45 to $150 plus the surcharge .
It should be noted that jail time is quite rare for speeding cases. But it is not unheard of, particularly for very high speeds of more than 100 mph and/or repeat offenders. Most judges will notify the defendant if he/she is considering a jail sentence. If that is a possibility, it is very important that you hire a competent attorney that is experienced and familiar with the court where your case is being heard.
What Is The Cost Of A New York Speeding Ticket
Fines
For a first New York speeding ticket conviction, the fines can range between $90 and $600. Specifically, it will cost $45-$150 for speeding 1 mph to 10 mph over the limit $90-$300 for speeding 11 mph to 30 mph over the limit and $180- $600 for speeding 31+ mph over the limit.
Surcharges
New York automatically imposes an $88 or $93 surcharge in addition to the fine for the speeding ticket.
Points
The New York DMV will assess 3 points for speeding 1 to 10 mph over the limit 4 points for speeding 11 to 20 mph over the limit 6 points for speeding 21 to 30 mph over the limit 8 points for speeding 31 to 40 mph over the limit and 11 points for speeding 41 mph or more over the limit.
Auto insurance premium increase
Insurance companies can increase drivers premiums based on the points assessed on their driving record. Rates can rise dramatically with just one speeding ticket. Numerous studies have found that a single traffic ticket can lead to up to a 30 percent increase in a drivers auto insurance premium.
Driver Responsibility Assessment Fee :
Drivers who receive six or more points as a result of violations that occurred within an 18-month period will be subject to an additional fine known as the Driver Responsibility Assessment fee . This penalty costs $300. An additional $75 will be imposed for each point after the six-point mark. This fee is paid to DMV and is separate and in addition to the court fines associated with the ticket.
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Types Of Speeding Tickets
A New York speeding ticket can:
- Require you to pay a large fine plus surcharge
- Require you to pay a Driver Responsibility Assessment Fee
- Add points to your license that could lead to a suspension
- Cause insurance rates to soar
- Stain your driving record for a long period of time
There are various speeding violations in New York state that could result in a ticket. Some of the most common speeding tickets include:
Many Tickets Have Errors
Many speeding tickets have errors, but people pay them anyway because they dont realize that the ticket had mistakes on it.
Different traffic ticket errors include:
- Wrong or illegible traffic code on the citation
- Ticket thats not filled out completely
- Incorrect drivers license information
- Incorrect vehicle information.
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Heres A Complete Breakdown Of The New York State Dmv Point System Per The Department Of Motor Vehicles Website:
- 2-Point Offenses
Notice some of these violations, such as reckless driving, are more subjective in nature than the more straightforward offenses, like speeding, which are measured by radar guns.
Wed also like to point out to any of our readers who may have already received speeding tickets, that there are programs you can enroll in which help reduce the points on your license and work on reducing the costs of your insurance premiums.
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Canadian Driver With A Ny Speeding Ticket
Each day, a significant number of Canadians cross the border into New York and a large number of New Yorkers travel into Canada. Many travelers find themselves on the New York State Thruway, where the police are notorious for giving out plenty of traffic tickets.
If you are a Canadian driver traveling into NY, you need to be extra careful and understand that you may be in more trouble than you originally thought if you receive a NY traffic ticket.
Speak With An Experienced New York Speeding Ticket Attorney
An experienced traffic ticket lawyer will know how to move forward. They will know whether there are ways to question the reliability of the police officers testimony, radar reading, and how to best interrogate witnesses and the police officer. The worst mistake you can make is to think that because it is your first ticket, the consequences would not be so bad. The best course of action is to determine for sure whether you would be able to successfully fight the ticket.
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New York State Traffic Ticket Lawyers
Although Ontario drivers can go to New York State to fight the ticket themselves, drivers may consider to be represented by a New York State lawyer.
The lawyer would know the law, local court system and resolutions, like dropping the speeding ticket to just a fine, non-moving violation, or how to save your demerit points. The lawyer will know the who, what, where of the traffic court system.
Typical fees to fight a speeding ticket in New York State are five hundred dollars or less for most tickets.
To fight your New York State Speeding Ticket contact Mafrici Law >
Penalties For Having An Expired Inspection Sticker
According to the New York State Department of Motor Vehicles, the validity of an inspection sticker expires at midnight on the last day of the month thats specified on the vehicles inspection certificate. If youve moved to New York state and registered your vehicles in New York, an out-of-state inspection sticker is valid until its expiration date or until one year has passed since the vehicle was registered in New York.
If a traffic agent catches you in NYC with an expired inspection ticket, expect to receive a $65 parking ticket. Dont try to alter or damage your inspection ticket thinking you can dodge your inspection either. This is also illegal and will result in a $65 parking ticket as well.
New York State also comes after drivers with expired inspection stickers. The fine for an expired inspection sticker in the state of New York depends on how long the sticker has been expired. If the inspection sticker on your vehicle has expired in the past 60 days, you can receive an additional fine of $25 to $50. However, If the inspection sticker expires beyond 60 days, the fine bumps up to between $50 and $100.
The state also goes after drivers who do not display their inspection sticker. For this, the fine is between $50 and $100. Also, expect a mandatory state surcharge of $88 added to the fine. In all cases, the state adds mandatory state surcharges of $88 .
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New York Driver’s License Suspension Revocation And Cancellation
Certain types of license suspensionssuch as those associated with failing to respond to a ticket or driving record point accumulationcan creep up on you other mandatory suspensions and revocations are swift and decisive.
License Suspension: Your license is taken away for a specific amount of time usually reinstated after that amount of time is up, but in some cases can require a fee payment.
License Revocation: Your license is taken away for either a definite or indefinite amount of time, depending on the offense. Generally, revocations last longer than suspensions and are related to more serious offenses. Often, drivers must meet certain requirements before having their revoked licenses reinstated.
Chapter Two of the New York State Driver’s Manual fully explains situations that lead to mandatory license suspensions and revocations, and the state’s brochure Suppose Your License Was Taken Away provides an even more thorough look at violations that lead to suspensions and revocations.
For more information about suspensions please refer our Suspended License Page.
Speeding In A Work Zone
Under NYS VTL 1180 a work zone, also referred to as a work area or construction zone is defined as a location that is used or being occupied for road work in which workers, vehicles, equipment, materials, supplies, excavations or other obstructions may be present.
A work zone is typically marked by orange barrels or cones as well as a work zone speed limit sign in orange. Actual construction work does not need to be in progress for the area to be considered a work zone.
Fines are doubled when convicted of a work zone speeding ticket. A New York speeding in a work zone ticket costs roughly between $180-$300 depending on the mph over the limit. In addition to the fine, speeding in a work zone comes with a mandatory state surcharge. This will also result in 3-11 points being added to your license, more depending on the mph, the motorist was going over the posted speed limit. See above.
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Get Quotes From Other Car Insurance Companies
The percentage increase in rates after a speeding ticket varies with each insurance company. As the table below illustrates, some companies increase rates more drastically than others. For this reason, drivers should consider shopping around after receiving a speeding ticket, as they may save a significant amount of money by changing providers.
Average annual full coverage premium by car insurance company in New York
| Car insurance company |
|---|
| $2,326 |
*Premiums are average annual full coverage premiums for 40-year-olds.
While rate shopping, it may help to research each companys J.D. Power rating for customer satisfaction and any online reviews other customers have left. By doing this, you may be able to tell whether or not you want to work with a company. For example, some providers are better to work with during claims than others.
Speeding In A School Zone
Speed limits in New York school zones are typically 10 mph slower than the standard speed limit of the stretch of road before and after the school zone. The resulting fines from a school zone speeding ticket can cost twice as much as regular speeding tickets, anywhere from $180-$1,200 depending on the mph over the limit. If convicted, motorists will get at least 3 or more points on their license, depending on the mph over the speed limit. See above.
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How Much Does It Cost To Get A Speeding Ticket In Vermont
Vermont adopts a basic speeding law and absolute limits, and speeding fines depend on the location and how fast the driver was going. Virginia is a state known for its strict speeding laws, which may include jail time if you drive recklessly. The state generally charges a $6 fine for every mile over the speed limit.
If you are speeding between 11 and 30 miles over the limit, your ticket will be in the $90 to $300 range. And if youre speeding more than 31 miles over the limit, youll likely be stuck with a ticket for $360 to $600. The fines increase even more with a second and third conviction.
For speeding 1 to 10 mph over the limit the rage is between $45 and $150. For speeding 11 mph to 30 mph, the range is $90 to $300. Finally, for speeding 31 mph or more, the range is $180 to $600.
What Is The Fine For A Speeding Ticket In Ny
Speeding tickets in New York are unique in the fact that no fine amount is listed on the ticket. Most other states or provinces list a fine amount that would be payable if the driver wishes to plead guilty to the speeding or traffic ticket. The ticket will instead list a court where the ticket is returnable along with an option of pleading guilty or not guilty.
It defies logic to plead guilty to a ticket with an unknown fine amount. I get several calls from people asking me that same question and who therefore want to know the fine if they plead guilty. With that being said, I also get quite a few calls from people who already pled guilty and were surprised at how high the fine was set by the court. Below I will outline the potential fines for speeding tickets in New York along with the other costs directly related to the speeding ticket.
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What Is The Cost Of A Speeding Ticket In New York
If a driver is convicted of speeding in New York, the fines will range between $45 to $600. Depending on the circumstances of the infraction, your previous driving record, and the location in which the ticket was issued, speeding 1 to 10 mph over the limit will cost $45 to $150 in fines, speeding 11 to 30 mph over the limit will be a $90-$300 fine, speeding 30+ mph over the limit is a $180-$600 fine and speeding 41+ mph over the limit is a $250-$750 fine. These fines are the best estimates and ultimately it is up to the judge to decide the precise fine within the allowed ranges.
New York also automatically imposed an $88 or $93 surcharge in addition to the speeding ticket fine, depending on whether the driver was in a city or not. A surcharge is essentially a tax on your traffic ticket fine.
New York points will be issued when you are convicted of a speeding offense. These points will stay on your driving record for a number of years and can result in a suspension of your license if you accumulate too many. The NY DMV will assess 3 points for speeding 1-10 mph over the limit, 4 points for speeding 11-20 mph over the limit, 6 points for speeding 21 to 30 mph over the limit, 8 points for speeding 31-40 mph over the limit and 11 points for speeding 41+ mph over the limit. These points remain current for 18 months from the date of the offense for DMV point accumulation purposes and 36 months from the date of conviction for auto insurance rates purposes.
Is Every Speeding Ticket Fair
Speeding tickets are headaches that nobody wants to deal with, but most drivers receive them at some point in their driving career. As police officers give tickets in a seemingly infinite number of circumstances, it makes you wonder if every ticket is given fairly. Unfortunately, there is evidence that suggests that some speeding tickets are subjective and unfair to drivers.
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