Defending Against Speeding Tickets in New York State

If you are reading this, you are likely dealing with the stress and confusion of having received a speeding ticket in New York State. The feeling of frustration is understandable, especially if you are unsure about how to handle the situation. At this moment, you might be wondering about the consequences of a speeding violation, how it could impact your driving record, or even how you can avoid costly fines and penalties. Rest assured, you are not alone, and we are here to help guide you through this process. It is important to understand that fighting a speeding ticket is not just about contesting a fine but protecting your rights, ensuring the fairness of the legal process, and minimizing the negative impacts on your life.

Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.

What Happens After You Receive a Speeding Ticket

When you receive a speeding ticket, there are several important steps to consider. First, you need to understand the specific violation you are being accused of. In New York State, speeding violations can vary based on how much you were exceeding the posted speed limit. These violations can be classified as either infractions or criminal offenses depending on the severity of the speeding charge. The consequences could range from paying a fine to facing points on your driving record, which could lead to higher insurance premiums or even a suspension of your driver’s license.

Additionally, you should be aware of the timeline for responding to the ticket. Typically, you have a set period to either pay the fine or appear in court to contest the ticket. Ignoring the ticket can result in a default judgment, meaning you could automatically face penalties without the chance to contest the charge. This is why acting promptly is crucial, and knowing your options can make a significant difference in how the situation unfolds.

Common Defenses Against Speeding Tickets

There are several defenses that can be used when contesting a speeding ticket. One of the most common defenses involves questioning the accuracy of the officer’s speed measurement. Officers often use radar guns or other devices to determine a vehicle’s speed. However, these devices are not infallible and can be subject to errors. A defense strategy could be to challenge the calibration of the radar gun, whether the officer followed proper procedures when using it, or if there was any interference that may have impacted the reading.

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Another potential defense involves questioning the officer’s ability to accurately observe your speed. For instance, if the officer was not in a position where they could clearly see your vehicle or if there were other factors such as traffic or weather conditions that could have obscured their view, this could form the basis of a defense.

In some cases, you may also be able to argue that the posted speed limit was unclear or not properly marked. If the signs were damaged, missing, or difficult to read, it may be possible to argue that you were unaware of the speed limit and therefore could not have reasonably known you were speeding.

The Importance of Gathering Evidence

One of the key factors in successfully defending against a speeding ticket is gathering evidence that supports your case. This can include obtaining the officer’s notes, reviewing any available video footage or photographs, and even gathering witness testimony if applicable. In many cases, people forget that they can seek out additional evidence that may prove their innocence. For example, if there was construction on the road or an unusual traffic pattern, it could have influenced your driving behavior without you realizing it at the time.

The role of an attorney becomes essential when it comes to obtaining and organizing this evidence. With the help of an experienced professional, you can ensure that all aspects of your case are thoroughly examined and that no detail is overlooked. This thorough approach can significantly increase your chances of getting the case dismissed or having the charges reduced.

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The Role of an Attorney in Defending Against Speeding Tickets

While it is possible to represent yourself in court and attempt to contest a speeding ticket on your own, it is highly recommended that you seek the assistance of an attorney. An experienced attorney can provide you with the knowledge and expertise necessary to evaluate the best strategy for your case. Lawyers who handle traffic violations regularly understand the local court system, the common defenses used in speeding ticket cases, and how to negotiate for reduced charges or penalties.

An attorney can also help you understand the full impact of the ticket and any associated points on your driving record. They can advise you on the best course of action based on your personal circumstances, such as whether it would be better to contest the ticket in court or try to settle the matter through negotiation.

If you are concerned about the cost of hiring an attorney, it’s important to remember that the potential consequences of a speeding violation far outweigh the expense. In many cases, the cost of hiring legal representation is small compared to the fines, penalties, and insurance rate hikes that could result from a speeding conviction. Furthermore, having a lawyer by your side could lead to a more favorable outcome, saving you time, money, and unnecessary stress.

Case Results

Not Guilty

DWI & Multiple Traffic Tickets

Breathalyzer Test Flawed

Canadian resident DWI got reduced charge

Drug Felony Dismissed

Teenager in possession of prescription drugs

Accusation Found Insufficient

UB Student charged with Shoplifting

Minimal Points & Fine

8 Point/36MPH over speed limit charge reduced

$2,000,000

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Charges Dismissed

UB Student Charged with Drug Possession 

License Restored

Lockport DWI

Speeding Ticket Dismissed

45MPH over limit in Buffalo

Delayed Dismissal

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Consequences of a Speeding Ticket in New York State

In New York State, the penalties for speeding vary depending on the severity of the violation. For minor speeding infractions, you may be subject to a fine, but the penalties for more serious speeding offenses can be more severe. If you were caught driving significantly over the speed limit, you could face fines, points added to your driving record, and even the possibility of a license suspension if you accumulate too many points.

Points on your license can lead to increased insurance premiums, and if you accumulate enough points, you could be at risk of having your license suspended. The point system in New York State works by assigning a certain number of points to different types of traffic violations. A speeding ticket can result in anywhere from 3 to 11 points depending on how much over the speed limit you were driving. Accumulating 11 or more points within 18 months could lead to a suspension of your driver’s license.

Additionally, if you are a commercial driver, a speeding violation can have even more serious consequences, potentially impacting your livelihood. That is why it is so important to address any speeding ticket promptly and thoroughly to avoid any long-term repercussions.

At this point, it’s important to take a deep breath and know that you don’t have to face this process alone. If you are dealing with a speeding ticket in New York State, the team at Arthur L. Pressman, Attorney at Law, is here to help. We understand how stressful this situation can be, and we are dedicated to providing you with the guidance, support, and legal representation you need to achieve a successful outcome.

Whether you are contesting a minor speeding infraction or facing a more serious speeding charge, we can help you explore all possible defenses and work towards the best result for your case. We know that every case is unique, and we are committed to crafting a defense strategy that fits your specific situation.

If you are ready to take the next step in defending against your speeding ticket, contact us today to schedule a consultation. Together, we can work towards the best possible outcome and ensure that your rights are protected throughout the process.

To learn more about this subject click here: Understanding the Impact of Traffic Tickets on Insurance Rates

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