Speeding Tickets

Article 30 – New York Vehicle and Traffic Laws

VTL 1180-(a) Speed not reasonable and prudent (3 Points)

• VTL 1180-(a) operates as a “catch all” law. It does not dictate a specific speed. However, it allows law enforcement to ticket you for driving unreasonably given the circumstances at the time. For example, if you are driving 50 MPH in a 55 MPH zone, you are technically driving under the speed limit. However, if you are doing so in a snow storm, 50 MPH may still be an unreasonable and dangerous speed. Law enforcement can then ticket you for this offense.

VTL 1180-(b) Speed over state limit – 55 mph (Points determined by speed)

• These points are outlined in the table above.

VTL 1180-(c) Speed in school zone (Points determined by speed)

• Speeding in A School Zone While School Is in Session: This is an expensive mistake. During school hours, which are considered to be 7AM to 6PM, on days when school is in session is going to cost you. If you are caught driving 1 to 10 MPH over the posted speed limit, you are looking at a 3 point ticket with a $90 to $300 fine. If you were driving 11 to 30 MPH over the limit, however, this increases to 4 to 6 points and a $180 to $600 fine. Caught driving more than 31 MPH over the speed limit will result in an 8 to 11 point ticket and a $360 to $1,200 fine!
• Speeding in A School Zone While School Is Not in Session: When school is not in session, such as on weekends or between 6PM and 7AM on week days, fines may be reduced. Points, however, remain the same. For driving 1 to 10 MPH over the limit, you can expect a fine that ranges between $45 and $150. A $90 to $300 fine will be imposed for driving 11 to 30 MPH over the limit in a school zone. When ticketed for driving more than 31 MPH, however, you are looking at fines between $180 and $600.
• In addition to the fines associated with the specific time of day, you will also be assessed a mandatory state surcharge. Depending on if the school zone was in a city or a town/village, you will face an additional $88 to $93 expense.

VTL 1180-(d) Speed over limit (Points determined by speed)

• These points are outlined in the table above.

VTL 1180-(e) Failure to reduce speed (special hazard) (3 Points )

• Most people instinctively slow down as they approach a hazard. However, that is not always the case – thus VTL 1180-(e) was created. This ticket is typically issued in situations where a responsible driver would have momentarily slowed down. For example, you may be in violation of VTL 1180-(e) if you fail to slow down as you: approach an intersection with pedestrians, approach train tracks, or make your way through a winding roadway.
• A violation of VTL 1180-(e) is one of the only tickets that maintain a flat fee, regardless of the speed you were going. At present, this violation will cost you $150. It also comes with an additional mandatory surcharge of $88 or $93 and 3 points on your driver’s license.

VTL 1180-(f) Speed in construction zone (Points determined by speed)

• As with speeding in a school zone, doing so in a construction zone will be costlier than a standard ticket. In fact, if you are caught speeding in a construction zone, you can expect your fine to be double that of the standard speeding ticket, based on your actual speed. Your points, however, will remain the same: 1 to 10 MPH (3 points), 11 to 20 MPH (4 points), 21 to 30 MPH (6 points), 31 to 40 MPH (8 points), and 41+ MPH (11 points).

VTL 1180-(g) Speeding using radar in vehicle greater than 18,000 pounds (Points determined by speed)

• This law particularly targets those who carry Commercial Driver’s Licenses (CDLs) because New York holds these drivers to a higher standard. This is due to the fact that large, commercial vehicles are much more likely to cause substantial damages and fatalities should an accident occur. This law is also meant to discourage the use of radar detectors in commercial vehicles due to the distractions they may cause.
• Points and fines typically remain the same as those for non-commercial vehicles. However, a CDL driver who receives a VTL 1180-(g) violation for any speed has an increased likelihood of losing their job as a result.

VTL 1181-(a) Driving too slow (impeding traffic) (3 Points)

• Driving too slow can also negatively impact the flow of traffic as well. While this is a 3 point ticket, the fines increase with how many times you are convicted of this violation. Your first conviction will result in a $150 fine. A second conviction comes with a $300 fine. Found guilty a third time? Expect a $450 fine. Mandatory surcharges will also be assessed.

VTL 1181-(b) Driving below minimum posted speed limit (3 Points)

• This is the more specific version of the VTL 1181-(a) in that you are driving below the minimum speed limit in zones that post these.

VTL 1182-(1) Unauthorized speed contest (Misdemeanor offense – Mandatory License Revocation)

• It is illegal to participate or aid in speed contests that are unauthorized in the State of New York. Your first offense will result in fines up to $525 as well as the mandatory revocation of your license and the potential for 30 days in jail. A second conviction within a year increases this fine to $750 and adds up to 6 months in jail to your potential consequences. This means that violating VTL 1182-(1) is a crime and will show up as a conviction on your criminal record.
• Depending on your speed, you may also be charged with Reckless Driving, which is another 5 point ticket. This carries up to $300 in fines for a first offense and a potential for 30 days in jail. A second offense has up to 90-days in jail and a $525 fine, followed by 120 days and a fine of $1,125 for a third conviction. Mandatory surcharges will also be assessed.

LICENSE SUSPENSION

If you accumulate 11 points or more on your license with dates of violations within an 18-month period, your driver’s license will be suspended. Having your license suspended means that you have lost your driving privileges for a period of time.

There are two different types of license suspensions you may face in New York: definite and indefinite.

• Definite License Suspension: If you are issued a definite suspension order, you will have a pre-determined start and end date to your license suspension. While you will likely need to pay a suspension termination fee, you know exactly when you are able to drive again.
• Indefinite License Suspension: If you receive an indefinite suspension order, however, you do not have a pre-determined end date. Instead, you will receive a list of things you must do before you can pay your suspension termination fee. This may include responding to a traffic citation, paying a fine/child support/state taxes, filing a motor vehicle accident report, or other types of actionable items. Until all items have been addressed and resolved, you will be unable to legally drive under a New York State license.

If you have 3 speeding ticket convictions with violation dates within an 18-month period, your driver’s license will be suspended or revoked.

LICENSE REVOCATION

If your license has been revoked, however, you have a more serious battle ahead of you. While a suspension simply invalidates your license for a period of time, a revocation outright cancels your driving privileges. After your revocation period has ended, you cannot simply go to the New York Department of Motor Vehicles (DMV) to obtain a new license.

First, you must request and receive approval from the DMV’s Driver Improvement Unit (DIU). It can take months to receive your approval – if the DIU grants it at all. The DIU may also require that you retake the written exam and/or driving test again prior to obtaining your new license. In addition to this, any fines or fees must also be paid prior to your license being reinstated. This includes a suspension termination fee, driver license civil penalties, and potential driver responsibility assessment fees. If your license was revoked and you are on probation, you will have to have a letter of permission from the court of your probation officer as well.

The best way to avoid the threat of a license suspension or revocation is to fight your ticket(s) instead of simply paying for them.

DON’T PAY THAT TICKET!

Speeding is one of the most common traffic offenses in Nassau County. For some, it may seem best to simply pay the associated fine and be done with it. However, paying the fine for your speeding tickets is considered to be an admission of guilt. As such, it can cost you big in the end. This includes burdens, such as fines, points, and increased insurance premiums.

The Law Offices of Michael H. Ricca P.C. understands the severe consequences of pleading guilty to a speeding ticket. We are relentless in the fight to help our clients achieve the best possible outcome, including reduced or dropped charges.

THE POINT SYSTEM: WHAT IT MEANS TO YOU

We have talked a lot about the various points you may accrue based on traffic violations. But what do these points really mean to you? Below, the best Nassau County speed ticket lawyer addresses the most common questions we receive from our clients regarding the New York State point system.

My Speeding Tickets Total More Than 6 Points On My Driver’s License – Do I Have to Pay A Fee?

YES. If you receive 6 or more points on your driver’s license with violation dates that occur within an 18 month period, you must pay a Driver Responsibility Assessment fee. This fee is paid directly to New York State. It is paid in addition to any other fines, penalties, and surcharges imposed as a result of your speeding ticket conviction.

To start, the annual Driver Responsibility Assessment fee is $100. This fee is imposed for a 3-year period. Therefore, the total Driver Responsibility Assessment fee is a minimum of $300 over a 3-year period.

If you accumulate more than 6 points on your driver’s license, however, the annual  assessment increases by $25 for each point over 6 points. For example, if you plead guilty to a speeding ticket 31 to 40 MPH over the speed limit, you will incur 8 points on your driver’s license. This will result in a minimum fee of $450 for the 3-year period ($100 for 3 years plus an additional $50 per year for the 2 additional points over the initial 6 points on your driver’s license).

If you do not pay the Driver Responsibility Assessment fee, your license will be suspended and you can face additional penalties. In addition to this, if you are issued any other tickets while under a Driver Responsibility Assessment period, you will incur increased fines and a higher likelihood of a license suspension. While one ticket can automatically trigger the Driver Responsibility Assessment, it can also open the door to serious financial hardships and ongoing issues.

Fines, Penalties, And Surcharges Are Expected – But Will a Speeding Ticket Also Increase My Insurance Premiums?

YES. In addition to the fines, penalties, and surcharges you will incur if you plead guilty to a speeding ticket, you are also looking at an increase in your insurance premiums. Pleading guilty or being convicted of a speeding ticket is looked on unfavorably by almost all insurance companies. To them, it shows a disregard to prudent safety regulations, which may make you more liable for being involved in or causing an automobile accident. In fact, studies that have been performed by sites like InsuranceQuotes.com have found that insurance premiums may increase by up to 22% simply based on a single New York speeding ticket. While every insurance company is different, the average increase in premiums is estimated as follows:

<30+ MPH over the speed limit = 16% increase

For each additional speeding ticket conviction, your insurance premiums can increase exponentially.

My Speeding Tickets Total More Than 11 Points On My Driver’s License – Will I Lose My License?

YES. If you receive 11 or more points on your driver’s license with violation dates within 18 months, your driver’s license may be suspended or revoked. Your license may also be suspended or revoked if you plead guilty to 3 or more speeding tickets with violation dates within 18 months.

I Did Not Realize Paying My Ticket Meant I Was Pleading Guilty – Can I Still Fight My Ticket?

YES. However, time is limited if you mistakenly paid your fine and, therefore, admitted guilt to a speeding violation. If you have pled guilty by mail and now wish to undo it, please call The Law Offices of Michael H. Ricca P.C. today!

Contact us today to get the assistance you need from The Law Offices of Michael H. Ricca P.C. We understand the serious financial impact a speeding ticket conviction can have, and we treat each case with utmost care.It's crucial to respond to your ticket within 15 days of receiving it. If you want to plead "not guilty," simply check the box and follow the provided instructions. If this time frame has passed, reaching out to an attorney immediately is essential as it could lead to more severe charges.

Whether you've missed the 15-day window, unintentionally pleaded guilty by paying the fine, or want an evaluation of your options, The Law Offices of Michael H. Ricca P.C. is here for you with experience and dedication on your side - there's everything for you gain by contacting us today!

You don't have to just accept points and fines associated with a speeding violation; fighting back is always an option! Call The Law Offices of Michael H. Ricca P.C.today for a free telephone consultation regarding your speeding tickets.