How to Fight New York Speeding Tickets: A Traffic Lawyer's Insights
Table of Contents:
- Introduction
- Understanding Speeding Tickets in New York State
- Importance of Fighting Speeding Tickets
- Avoiding Points and Suspensions
- Defensive Driving Class as an Option
- Impact on Insurance Rates
- School Zone and Work Zone Violations
- Strategies for Fighting School Zone and Work Zone Tickets
- Conclusion
- Resources
Introduction
Welcome to this video where we will be discussing the topic of speeding tickets and why it is crucial to fight them. While I often delve into more esoteric subjects related to my profession as a defense lawyer, today's video will focus on the basics of speeding tickets. In particular, we will be exploring the specifics of speeding tickets in New York State and the various reasons why it is important to contest them.
Understanding Speeding Tickets in New York State
In New York State, speeding tickets fall under Vehicle and Traffic Law 1180. This section contains multiple subsections, such as 1180b and 1180d, which pertain to regular speeding violations. The only difference between these subsections is whether the offense occurred on a state road with a speed limit of 55 mph or on a roadway without the same speed limit.
Furthermore, the number of points assigned for speeding violations depends on the magnitude of the offense. Exceeding the speed limit by 10 mph or less results in three points, while higher speeds lead to four, six, eight, or even 11 points in the case of exceeding the speed limit by 41 mph or more. Accumulating 11 points within an 18-month period triggers a mandatory suspension, making it crucial to avoid reaching this threshold.
Importance of Fighting Speeding Tickets
Fighting a speeding ticket is essential for various reasons. Firstly, certain speeding convictions result in major insurance merit system violations. These violations can lead to significant increases in insurance rates, even for seemingly minor infractions. It is therefore crucial to avoid having any convictions on your record to prevent these adverse effects on your insurance premiums.
Another important consideration is the potential loss of driving privileges. Regardless of the number of points accrued, receiving three speeding convictions within an 18-month period results in a minimum six-month suspension of your driving privileges. This underscores the necessity of contesting speeding tickets to maintain your ability to drive.
Avoiding Points and Suspensions
To mitigate the impact of speeding tickets, it is advisable to explore options such as defensive driving classes. By completing a defensive driving course, you can earn a four-point credit that contributes towards potential suspensions. This means that if you are found guilty of a speeding offense, you would only have seven points counted towards suspension purposes instead of the full amount.
By pursuing defensive driving as a countermeasure, you can reduce the risk of losing your driving privileges and keep your record as clean as possible. Therefore, it is important to consider this option when dealing with excessive speed violations in New York City.
Impact on Insurance Rates
Speeding tickets, even those resulting in a relatively low number of points, can trigger increases in insurance rates. Some insurance companies may even impose rate hikes for minor speed infractions. Therefore, fighting a speeding ticket becomes crucial to prevent these undesirable consequences.
By contesting a speeding ticket, you have the opportunity to avoid having it on your record altogether or potentially reducing the severity of the offense. This proactive approach can help maintain favorable insurance rates and prevent unnecessary financial burdens.
School Zone and Work Zone Violations
Apart from regular speeding violations, it is important to be aware of the implications of speeding in school zones and work zones. In these areas, the fines for speeding violations are doubled, creating a more significant financial burden. Additionally, these violations can have an amplifying effect on your insurance rates, exacerbating the negative impact on your finances.
Given the potential consequences of speeding in school zones and work zones, it is crucial to fight any violations incurred in these areas. By contesting the ticket, you can aim to avoid or reduce the severity of the offense, minimizing the associated penalties.
Strategies for Fighting School Zone and Work Zone Tickets
When contesting school zone or work zone speeding tickets, the primary objective is to get the offense reduced or dismissed. If successful, you may end up with a ticket for a lesser offense, such as a parking violation or a failure to obey a traffic control device. This can help mitigate the financial repercussions and potential insurance rate increases.
In cases where it is not possible to entirely avoid the school zone or work zone designation, the focus should be on reducing the severity of the speeding offense. Rather than pleading guilty to a six-point school zone violation, it may be possible to negotiate a reduction to a three-point regular speeding offense. This can prevent the doubling of fines and help minimize the impact on insurance rates.
Conclusion
In conclusion, fighting speeding tickets is of utmost importance, and this holds particularly true in New York State. By contesting these violations, you can avoid accumulating points, prevent driving privilege suspensions, maintain favorable insurance rates, and minimize financial burdens. Therefore, it is essential to explore potential options such as defensive driving classes and strategize when dealing with school zone and work zone violations. Remember, being proactive can make a significant difference in preserving your driving record and financial well-being.
Resources