Speeding Tickets - Law Office of Gina M Wicik

Speeding
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AGGRESSIVE DEFENSE AGAINST YOUR SPEEDING TICKET

New York Speeding Ticket Lawyer

Getting a New York speeding ticket is a stressful event that can have major consequences. You could be facing New York speeding ticket fines, points on your driving record, increased auto insurance rates, license suspension, jail time, and other consequences.

If you’ve been served a speeding ticket in New York, you need to know your rights. Even if you’ve been caught speeding, you’re innocent until proven guilty. That’s why your first course of action after receiving a NY speeding ticket should be to contact the traffic violations attorneys at the Law Office of Gina M. Wicik for a free consultation.

Should You Pay Your Speeding Ticket or Fight It?

Speeding violations in New York State can come with strict penalties. That’s why fighting your speeding ticket is almost always the best choice. Challenging your ticket can help you avoid potential fines, DMV surcharges, insurance increases, or suspension of your driving privileges. 

If you pay your NY speeding ticket, you’re pleading guilty. As a result, the DMV will automatically add points to your license. This might not seem like a big deal, but multiple convictions can lead to revoked driving privileges and increased insurance rates.

How Many Points is a Speeding Ticket in NY?

You must be convicted of a traffic violation before points are added to your driving record. The number of points for a speeding ticket is based on how many miles per hour (MPH) you’re driving over the posted speed limit. Other factors may apply as well, including speeding in a school zone or work zone, or if you’re a repeat offender.

License Violation Points for Speeding in New York

  • 1 to 10 mph over the posted limit = 3 points
  • 11 to 20 mph over the posted limit = 4 points
  • 21 to 30 mph over the posted limit = 6 points
  • 31 to 40 mph over the posted limit = 8 points
  • Over 40 mph over the posted limit = 11 points

How the Driver Point System Works in New York

If you get 11 points within 18 months, your driver’s license may be suspended. Points accumulated can be due to a single NY speeding ticket or multiple convictions. Although speeding tickets issued more than 18 months ago aren’t used to calculate your point total, they remain on your driving record. As a result, insurers can still use this information to increase your insurance premiums.



What are the Penalties for a Speeding Ticket in NY?

In addition to points on your driving record and the risk of a license suspension, speeding charges in New York can result in other costs and penalties.

Driver Responsibility Assessment

If you receive 6 or more points on your New York state driving record in 18 months, you must pay a driver responsibility assessment fee. The driver responsibility assessment prevents repeated offenses, and the fee must be paid within three years. Failure to pay can also result in the suspension of your driver’s license.

Increased Auto Insurance Rates

Insurance companies have their own point systems. They can increase your auto insurance premium based on your driving record.

This means a single speeding ticket could potentially cost you thousands of dollars over time on top of the cost of your speeding ticket, additional fines, and court costs.

Fees Related to Other Traffic Violations

In some cases, a speeding conviction can lead to fees and penalties for other traffic violations. For example, if you’re speeding in extreme excess of the posted speed limit, or your speed is combined with other unsafe behaviors, you may be convicted of reckless driving.

What are Some Ways You Can Fight Your Speeding Ticket?

When you get a speeding ticket in New York, you can resolve your ticket by paying the fine at the courthouse or paying by mail.

However, this means you’re pleading guilty to the offense and will likely incur points on your driving record. Alternatively, you can choose to fight the speeding charges.

How the Driver Point Svstem Works in New York?

If you get 11 points within an 18-month period, your driver’s license may be suspended. Points accumulated can be due to a single NY speeding ticket or multiple convictions. Although speeding tickets issued more than 18 months ago aren’t used to calculate your point total, they still remain on your driving record. As a result, insurers can still use this information to increase your insurance premiums.

New York Speeding Ticket Fines:

A New York speeding ticket conviction doesn’t just add points to your license. It comes with a fine based on repeat offenses, the conditions of the environment, and your speed beyond the posted speed limit. The maximum fine for a single ticket can be as much as $600.

  • Up to 10 mph over the posted limit: $45 to $150
  • Between 10 and 30 miles over the posted limit: $180 to $600
  • Inappropriate speed: $45 to $150

Fines increase if convicted of more than one speeding violation in 18 months. Fines may be more expensive for speeding in a school zone or restricted highway. Fines are doubled for speeding in work zones.

 

In some cases, a New York speeding ticket can land you in jail. Jail time for a speeding conviction can range from a few days to up to 30 days in jail.

  • Up to 10 mph over the posted limit or inappropriate speed: Up to 15 days
  • Between 10 and 30 mph over the posted limit: Up to 30 days
  • More than 30 mph over the posted limit: Up to 30 days

When you plead not guilty to a New York speeding charge, you’ll be issued a court date and time to appear in traffic court. In court, you’ll be provided with an opportunity to plea bargain (negotiate for a lesser charge). Instead of accepting the charge listed on your New York speeding ticket, you’ll plead guilty to a lesser charge. 

Plea bargains help drivers avoid a license revocation or suspension. In some situations, it may be the best option to avoid insurance increases and other consequences of points added to one’s driving record.

Additionally, it’s important to note that plea bargaining is not an option in New York City. If you are issued a ticket for a non-criminal moving traffic violation in the five boroughs of NYC, it will be handled by a New York State Department of Motor Vehicles (DMV) Traffic Violations Bureau (TVB). At your TVB trial, you’ll be found guilty or not guilty of the offense listed by the officer. If you are found guilty of a violation that brings your total points up to 11 or more within 18 months, the judge will hold a point hearing immediately.

When you appear in village court, you’ll have the choice to plea to a lesser charge or fight your ticket. With the help of an experienced New York speeding ticket lawyer, you can use one of many different defenses to contest your New York speeding charge. If you can cast reasonable doubt on the charge and get a not-guilty verdict, no points will accumulate on your driving record and your speeding fine will be eliminated. You may still be subject to court fines.

Your New York speeding ticket attorney may help you prepare one of these defenses against your speeding ticket.

  • Unreliable Perception of the Police Officer: A law enforcement officer may use several different tactics to determine your speed. Any method deemed potentially inaccurate can get your speeding ticket dismissed. In some cases, a police officer may estimate a driver’s speed using their own speedometer or by evaluating a change in distance between two cars. Either of these methods could result in an inaccurate result.
  • Defective Speed Measuring Devices: Most often, police officers use a radar gun to detect the speed of a nearby motor vehicle.
    Yet, these devices can be inaccurate. Improper calibration, faulty setup, or a damaged radar gun can result in inaccurate speed calculations. If you can cast doubt on the accuracy of the alleged speed listed by the police officer on your traffic ticket, it’s likely to be dismissed.
  • Emergency Situation: Running late for work doesn’t constitute an emergency, but medical distress can make speeding necessary. There is no law that states you won’t be found guilty of speeding during an emergency. However, a judge is likely to consider whether it was reasonable for you to speed in certain circumstances. For example, if a passenger is in labor, has stopped breathing, or is bleeding profusely, speeding to the hospital is a reasonable response.

Most courts offer traffic programs to help motorists resolve or reduce the impact of speeding tickets. You will be required to pay a fee associated with the program and follow specific requirements to have your traffic ticket reduced. Traffic programs can help drivers avoid excessive costs and reduce points on their driving records.

This option might not apply to all speeding violations. For example, convictions involving alcohol or drugs or the accumulation of three speeding violations within 18 months result in a mandatory license suspension or revocation.

Top Rated Representation for a Flat Fee

You may think it’s too expensive to fight a New York Speeding charge. You might be surprised to learn that the fines, costs, and hidden fees associated with speeding tickets can surpass the cost of legal representation.

At the Law Office of Gina M. Wicik, we believe that every driver has the right to a fair trial. We charge an affordable flat fee to represent defendants facing a New York speeding ticket. Contact us today to learn more or to schedule your free consultation.

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Top Rated Speeding Ticket Lawyer

Speeding limits are often unpredictable in New York and therefore can be difficult to abide by. As a result, you may end up paying extensive fines and increased auto insurance costs when they could be avoided. When you work with the experienced speeding ticket attorneys at The Law Office of Gina M. Wick, you’ll have an opportunity to explore your options and take steps to avoid major consequences.

Got a ticket for speeding? Contact a New York speeding ticket lawyer today at (516) 253-4278. 

 

Gina M. Wicik

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