SPEEDING
VTL 1180 prohibits speeding. There are several varieties of speeding summonses.
Speeding in Zone, VTL 1180(d) means that the motorist exceeded the speed limit in an area where the speed limits are posted. In most of New York State, the speed is dictated by speed limit signs. For a posted zone violation, the prosecutor or police officer must establish that the driver had legal notice of the speed limit. This means that the signs were posted in conspicuous locations, that they were visible (not obstructed or covered by graffiti, foliage, etc.), and that the driver would have to pass those signs to reach the location where he was observed.
Some speed limits are unposted. This means that an area observes a "default" speed limit. In the five boroughs of New York City, the unposted speed limit is 25 miles per hour. Even if no speed limit signs are present in an area, the speed limit is 25. This limit applies even to some stretches of road that are conducive to traveling at higher speeds. For example, First Avenue in Manhattan is an open road where many motorists travel 40 or 50 miles per hour. Police officers often wait at the north end of the First Avenue tunnel, near 48th Street, and write tickets to motorists who do not know that this is an unposted 25 zone.
In some parts of New York State, officer may issue tickets for speeding in a work zone, VTL 1180(f). This is essentially the same charge as a normal speeding ticket, but with higher fines. The officer in these cases must establish that the area was a work zone.
Similarly, speeding in a school zone, VTL 1180(c), carries the same number of points as the equivalent speeding in a zone ticket, but comes with a higher fine.
Speeding Tickets Can Mean Big Points On Your License
The points for a speeding ticket vary based on the charge. The more miles per hour over the limit, the more points.
Speeding 1-10 miles per hour over the speed limit: 3 points
Speeding 11-20 miles per hour over the speed limit: 4 points
Speeding 21-30 miles per hour over the speed limit: 6 points
Speeding 31-40 miles per hour over the speed limit: 8 points
Speeding 41+ miles per hour over the speed limit: 11 points
As you see, some speeding tickets are very serious. A single 11-point speed can result in the suspension of your driver's license. A single 6-point speeding conviction means you must pay driver assessment fees to New York State.
Speed Amendments
In New York City, some speeds can be "amended" to a lower-point infraction. A speed amendment is a legal motion made by an attorney based on either the police officer's "tolerance" or "estimate." Tolerance refers to the officer's ability to estimate the speed of a moving vehicle. Before issuing speeding summonses, a police officer must prove that he or she can reliably estimate the speed of vehicles within five miles per hour. This estimate provides the basis for utilizing the radar unit. If the officer's estimate is on the high side, an attorney can move to lower the charge by up to five miles per hour, which, in some cases, changes the violation to a lower point summons.
Imagine you are charged with traveling 50 miles per hour in a 25 mile per hour zone. This is a six-point violation. But if the speed is reduced to 45 miles per hour, the same ticket becomes a four-point violation. Not all speeding tickets are subject to this motion, and not all judges will grant this motion. An experienced traffic attorney can make sure that you get this benefit, if applicable.
Speeding Tickets Upstate Or On Long Island
Speeding tickets are the most commonly written tickets in New York outside of the City. These tickets are adjudicated in town courts, most of which offer plea bargains to motorists. Your ability to get a favorable offer may depend on your driving record, the severity of the charge, and the facts of the specific ticket.
A Traffic Attorney Can Win Your Speeding Ticket
Experienced traffic attorneys fight speeding tickets on a daily basis. Your attorney knows the cops and judges. He knows how to get your ticket amended, dismissed, or reduced. If you got a speeding ticket in New York State, consider consulting with an attorney.