Friday, December 2, 2022

How To Fight A Speeding Ticket In New York State

How Many Points For A Speeding Ticket In Ny

How To Beat NYC Speeding Ticket | NYC Traffic Lawyer Mike Spevack | (212) 754-1011

In New York, motorists can get 3 to 11 points for one speeding ticket. If you get too many points within a certain timegenerally 18 months to three yearsyour license can be suspended. Convictions: Others states keep track of the number of traffic convictions on your record and impose suspensions for too many.

How To Get A Speeding Ticket Reduced In Ny And Nyc

HOW TO GET A SPEEDING TICKET REDUCED IN NY AND NYC

Getting a traffic ticket is never pleasant. When the violation is speeding, the fines and other penalties can be substantial and long-lasting. Various studies show that New York consistently ranks near the top of the list for speeding enforcement.

In New York State, two different venues handle speeding tickets. In New York City, non-criminal traffic violations are handled by the Traffic Violation Bureau , a division of the Department of Motor Vehicles . Everywhere else in the state, citations are handled by the local court system. This distinction is important, because unlike the court system, the TVB operates under different legal rules. A New York City Traffic attorney understands the differences between these two systems and can help you fight a traffic violation.

Understanding The Dmvs Point System

Before you go to court, you may want to get a copy of your drivers abstract. This is the official DMV record of your driving history. Your prior traffic convictions may be important in working out a disposition with the prosecutor. It may also be relevant to the judge for sentencing.

The NYS DMV uses a point system. If you accumulate 11 or more points within any 18-month period, your license may be suspended or revoked. And if you accumulate 6 or more points within any 18-month period, you will receive a civil penalty separate from any court fines and surcharges. This civil penalty is called a Driver Assessment Responsibility.

Common Traffic Tickets

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What Are The Penalties For A Ny Imprudent Speed Ticket

  • Fines: A first offense for imprudent speed costs between $45 and $150. A second offense in 18 months can cost between $45 and $300. A third offense within 18 months for imprudent speed can cost between $45 and $525.
  • Points: A conviction for imprudent speed carries 3 points. Unlike more common kinds of speeding tickets, the number of points do not increase with the drivers speed, since this violation is not tied to the post speed limit.
  • Surcharges: In addition to the fine, a driver convicted of VTL 1180 must also pay a mandatory state surcharge. This costs either $88 or $93 depending on where the ticket was issued.
  • Driver Responsibility Assessment fees: A conviction for imprudent speed can put the total number of points on a persons license at 6 or higher, which obligates them to pay a Driver Responsibility Assessment fee. This fee is in addition to the fine and surcharge associated with the offense and is paid directly to the DMV. It costs $300 for the first 6 points and $75 for each point thereafter.
  • Auto insurance increases: Imprudent speed is considered a moving violation and thus can affect ones auto insurance rates. There is no data specific to violations of VTL 1180, but any moving violation can raise rates by as little as 5% to as much as 20% depending on ones driving history and other factors.

New York State Speeding Ticket

NY State Traffic Ticket Solutions Online

After getting slapped with a speeding ticket in New York City, the best course of action is a phone call to the law firm of Gannes & Musico, LLP. If you have been put in this situation, whether you are a taxi driver, truck driver, or just trying to get yourself to work on time, fighting your speeding ticket may be an option. Call our New York City speeding ticket lawyer now to find out! Skip the lengthy process of dealing with the DMV or spending time in traffic court.

Received a speeding ticket in New York state? Join forces with a New York City firm that provides a fast response, tireless defense, and aFREE consultation for speeding tickets.

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It’s Not Supposed To Add Points

“The officer told me that the ticket carries no points” – You will not beat a New York speeding ticket based on receiving incorrect information from a police officer. It is common for an officer to convey incorrect information. This does not help you avoid the true legal consequences of the speeding ticket, however.

So how do you beat a New York traffic ticket? While this is a loaded question, the overall answer is that you need to focus on the sufficiency of the officer’s presentation. Was it complete? Did he discuss all the critical points . Was it inconsistent with the information in his ticket or notes? Did the officer have a clear view of the alleged infraction? By focusing on the officer’s testimony, you are often able to think of arguments which impeach his credibility or recollection. Once impeached, you have a much better chance to beating a speeding ticket.

What Women Should Wear To Traffic Court In Nyc

According to experts, women should wear shoes, a dress, work appropriate skirt or long pants. Wearing a blouse, sweater or casual dress shirt is also acceptable. If you have a pair of glasses, ask your New York City traffic lawyer if it would make sense for you to wear them to court.

You want to look like you know how to show respect to the traffic court system and the judge’s courtroom.

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Start By Downloading These Free Nhtsa Guides

The National Highway Traffic Safety Administration is responsible for developing training programs responsive to the Uniform National Standards established by the Highway Safety Act of 1996.

Because of this, the NHTSA has published guidelines both police agencies and officers MUST follow when operating radar or laser.

As we will be referencing several portions of each of these guides in this article to help you build your case, we would recommend googling these titles and download these free PDFs now:

Speed-Measuring Device Performance Specification: Across-the-Road Radar Module

Lidar Speed Measuring Device Performance Specifications

Police Radar Instructor Training Course

Basic Training Program in Radar Speed Measurement

Who Should I Contact For Help With My First Speeding Ticket

How to Beat TLC Tickets in NYC | Spevack Law Offices | (212) 754-1011 | Best NY Ticket Attorney

If you, your child or another loved one has been caught speeding for the first time, it is advisable that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers at Rosenblum Law are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-434-0406 or email Rosenblum Law today for a free consultation about your case.

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What To Expect In Traffic Court

How long will you be in court?If you are with an attorney, you will likely only spend an hour or two in court. Sometimes if you hire an attorney you wont have to go to court at all. If you are on your own, expect to spend several hours there. Regardless, be prepared for an entire day in court just in case.

What should you wear?Make a good first impression by dressing appropriately. Choose clothing that shows that you are taking the process seriously. Avoid wearing jeans or any casual wear, shorts, or beach clothing. If you dont look like youre taking your ticket seriously, why should the judge take your case seriously?

What happens if you have an emergency and cant go to court?Call your attorney if youve hired one. If not, call the court directly. Be prepared to show proof that you had an emergency. In NYC, you likely will have to go in person and may have to post a cash bond to get your court date re-scheduled.

What should you say?If you have an attorney, let him/her do all the talking and only reply to questions that he/she asks you to answer. If you have a copy of your drivers abstract, show it to the prosecutor. Keep it simple, and be prepared to show your evidence. Be courteous and act professionally. Dont accuse the police officer of lying instead, say you believe he/she was mistaken.

How To Take A Defensive Driving Course In New York

classroom and online providers.a state-approved provider.attend in person for the entire 320-minute course.remove up to 4 points10 percent insurance reduction rate for 3 years.

Key takeaway: Take a defensive driving course to subtract penalty points from your driving record or reduce your auto insurance premiums.

MORE:

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Tvb Speeding Tickets Vs Non

If you receive a TVB speeding ticket, that means your case is being heard in the Traffic Violations Bureau . The TVB handles traffic court cases involving violations committed in the 5 boroughs of NYC .

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.

Should I Pay The Speeding Ticket Or Fight It

I Bet You Can

In our opinion, it is always worth it to fight a speeding ticket. Points will not be added to your driving record unless you are convicted, so you should not hesitate to hire an NYC speeding ticket lawyer who can help you fight back. You should have an experienced legal advocate on your side avoid trying to handle the situation on your own.

If you pay the ticket, you are essentially pleading guilty, and the DMVwill automatically assess points on your record. While this may not seem like a big deal at first, as points add up, your auto insurance premiums will start to increase as well. If you accumulate too many points, you could riskdrivers license suspension without contest.

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Unlawful Speed Contest: Racing In New York

Although VTL 1182 is really its own separate statute, it is important to consider it as if it were part of the New York speeding statute since it sets forth another speeding-related offense that many New Yorkers get ticketed for.

VTL 1182 makes it unlawful to engage in a speed contest or race. In other words, racing is illegal unless special accommodations have been made. Interestingly, the statute also prohibits a person from aiding and abetting any motor vehicle in a speed content or race on a highway. Unlike all other speeding-related offenses, racing is a crime. Since racing in New York is considered a misdemeanor, if convicted, you will receive a criminal record and can go to jail for up to 30 days. The minimum fine for a racing conviction is $300 and the maximum fine is $525. However, if you are convicted a second time within 12 months of your first racing conviction, you can go to jail for up to 6 months! In that case, the minimum fine is $525 and the maximum fine is $750.

How Much Are Speeding Ticket Fines In New York State

For a first conviction, the cost of a New York speeding ticket can range between $90 and $600. For example, if youre speeding less than 10 miles over the limit, your ticket will usually be between $90 and $150. If you are speeding between 11 and 30 miles over the limit, your ticket will be in the $90 to $300 range.

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Prepare For A Longer Process If You Dont Have An Attorney

When you have a date in place for a hearing, keep in mind that it is not an actual timed appointment. After showing up and signing in, you will have to wait for other cases ahead of yours, which can draw out the process to the point where you grow tired and annoyed. In the process, waiting too long could lead to unclear thinking, which may affect your case during the hearing. If you hire an upstate New York traffic ticket lawyer, you usually do not have to even appear in court.

Speeding Ticket Jail Time

Out of State Drivers Who Receive Traffic Tickets in New York | NYC Traffic Ticket Lawyer | RL

In addition to the fine amounts the village or town judge may use his or her discretion to imprison anyone speeding 11-30 MPH over the speed limit for up to 15 days in jail and 30 days in jail for 31 MPH and over . if you are charged with a high speed it is very important to contact an experienced traffic ticket lawyer to advice you of the particular habits of the Judge you will be facing upon sentencing.

Speeding Tickets In New York for Out-Of-State Drivers

Contact The Speeding Ticket Lawyer If you have further questions regarding speeding tickets or any other kind of traffic ticket, do not hesitate to contact a skilled New York traffic ticket attorney. Our office can be reached by calling or by completing our online contact form. We offer free initial consultations and accept credit cards and checks as payment for services.

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Legal Aid Criminal Lawyers

This type of lawyer is appointed by the government or state to provide legal help to people who cannot afford to hire an independent criminal lawyer for them. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion. These lawyers specialize in practicing only before magistrates courts, so they cannot be hired for high profile cases like murder etc. However, Legal Aid Criminal Lawyers can represent clients before sessions court or other higher courts depending upon the discretion of the judge concerned. Thus it is important to make sure whether your case requires a Magistrate Court lawyer or Sessions Court Lawyer before hiring one for yourself.

How A New York Speeding Ticket Impacts Out

It is a common misconception that drivers from other states can and should ignore a New York speeding ticket. The reality is that New York State can suspend someones right to drive within its borders for failing to respond to or pay a speeding ticket issued here. Likewise, a driver who pays a New York speeding ticket can still face the consequences of points, insurance increases and hefty fines associated with a conviction. New York will also inform the home state of a driver of any convictions, which means those convictions are very likely to end up on a persons driving record.

How each state handles a New York speeding ticket varies. Here are some examples:

Important: A driver from another state who fails to pay a New York speeding ticket could have his or her license suspended.

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How To Fight A Speeding Ticket In New York

A conviction to a New York speeding ticket can cost you hundreds and maybe even thousands of dollars in fines, penalties, insurance increases, and just lost time.

Fighting a ticket is much more difficult than it seems. After all, the process involves going to court, understanding legal statutes, and the potential to cross examin of a seasoned law enforcement official. Fighting with a Judge, prosecutor and cop can be a nightmare for some of the most seasoned litigators.

We Can Help

Luckily, our award winning traffic ticket defense lawyers are here to help. We have fought thousands of tickets in Upstate, Downstate, and every place in between. We are led by a former New York City prosecutor and we have excelled at getting tickets either dismissed or reduced. Call us now and scheduled your confidential telephone consultation. We can be reached at 800-893-9645.

Non-Legal Arguments

Less than 1% of all motorists given a ticket will hire a lawyer to represent them. Some of common arguments used in court are not viable legal defense.

If you are planning on arguing any of the following defenses, you should re-think your strategy:

  • I was speeding but the officer didnt pull over anyone else.
  • I asked to see the radar and he didnt show it to me.
  • I was traveling less than 10 mph over the speed limit.

Common Speeding Statute

While the statutes provided below are subject to change, in their current form VTL 1180 or VTL 1180 are:

Burden of ProofInside the CourtLegal AdviceJury Trials

Cost Of Ny Speeding Tickets

Ticket Help

The amount of money you pay for speeding tickets in New York depends on a number of factors. The farther you go over the speed limit, the more costly the ticket will be. These tickets range from $80 all the way up to $1,200. Speeding in school zones during school hours will cost you the most by far.

If you get six or more points on your license within 18 months, youll need to pay additional fines and surcharges.

You can also refer to our speeding ticket calculator for average fines on other states.

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