Speeding Ticket Excessive Speed Ticket
VTL §1180. Basic rule and maximum limits.
(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
(b) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) of this section or when maximum speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour.
Speeding violations are the most common types of moving violations that people receive in New York State. Speeding tickets and other traffic violations can be very costly, having a major impact on the price of your auto insurance and result in license suspensions or even criminal charges.
In addition to the local police departments throughout New York State, the New York State Police and many Sheriff’s and municipal police departments conduct speed enforcement as part of their daily, routine patrols throughout Westchester County. NYS Troopers issue over 900,000 tickets each year in New York. Statistics show that troopers while comprising less than 6% of New York’s total law enforcement personnel, make about 30% of all DWI arrests, issue 47% of all citations for occupant restraints, and 55% of all speeding tickets.
The DMV assigns points for certain traffic violations. If you get 11 points in an 18-month period, your driver license may be suspended. However, the point system is not the only way to lose your license (see Suspended Licenses herein).
A motorist must be convicted of the traffic violation(s) before points are added to their driving record. The
point total is calculated based on the date of the violation, not the date of the conviction. The points for violations that all occurred within the last 18 months are added to calculate the point total. This 18 month period is akin to a sliding scale which keeps moving along the calendar day to day any any tickets issued within that same period are calculated together; for example, three speeding convictions at any speed issued within a 1 1/2 period will result in a revocation of your driver’s license or driving privilege in New York! It doesn’t matter when the court convictions occur – it is the 18 month period of time of the issuance of the tickets which controls (not conviction date.)
The good news, however, is that there are a multitude of ways to successfully resolve a speeding ticket. Remember, the burden is on the prosecution to prove you guilty of each and every element of the above speeding statute beyond a reasonable doubt.
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