In the state of New York, there are many traffic laws that aim to keep the roads safe and control the way that motorists operate their vehicles. Among the most important of the laws in New York state are the laws related to speed limits. Lawmakers believe that when a motorist drives too fast, that motorist creates an unacceptable risk of traffic collisions. As a result, strict rules for maximum motor vehicle speed exist that apply on every road.
Understanding the speed limit laws is important to comply with the mandates imposed upon you. Unfortunately, many thousands of motorists annually are accused of violating speed limit laws and driving faster than is permissible. A motorist who is accused of speeding could be cited, fined, and penalized in other ways under New York’s traffic laws.
The consequences of a citation for speeding can be profound, perhaps even putting your license at risk under certain circumstances. It is important that you understand how to respond to a citation for speeding so you can try to avoid being found guilty of a moving violation or so you can at least find a strategic way to reduce the consequences of a violation to a minimum.
A New York traffic ticket attorney can assist you in responding to your speeding ticket in the most appropriate way given the accusations made against you and the evidence available that suggests you violated speeding laws.
To find out more about how you can fight a ticket and to begin working on developing an appropriate speeding ticket response strategy, give NY Traffic Firm a call today.
There are multiple laws in New York that impose speed limits, set rules for how motorists must comply with speed limits, and impose penalties upon motorists for non-compliance. For example, NY Vehicle and Traffic Law Section 1180 establishes the basic speed rules in New York and the maximum speed limits and Section 1180-a provides more detail on speed limit maximums. Most roads in the state, for example, cannot have a speed limit exceeding 55 MPH, unless the roadway is a controlled highway.
NY Code sections 1180-b and 1180-c explain rules for imposing liability for a failure to comply with maximum posted speed limits within New York. The consequences can vary depending upon when and where the failure to comply with the speed limit occurred. Motorists, for example, will face harsher penalties if they speed in work zones or school zones than if they speed on other roads. This is because it is considered especially dangerous to road workers or to school children when motorists go too fast.
Code Section 1181 sets forth the rules for minimum speed limits, as motorists can also create a hazard and receive a citation if they travel too slowly to be safe for the roads. Section 1182 explains the penalties and consequences for speed contests and races; both of which are far more dangerous behaviors with more serious penalties than a simple speeding violation.
It can be complicated to understand all of the different laws on speed limits, but motorists are expected to always be in compliance and to travel below-posted limits. Drivers are also expected to travel at a prudent speed based on road conditions, even if that speed is less than would normally be allowed.
If you are cited for any violation of any of these laws, you should seek prompt legal help from an attorney who is experienced in defending motorists accused of speeding and other moving violations. NY Traffic Firm has helped many clients in New York who are facing different types of citations for moving violations relating to speed including:
If you are accused of these or other violations of speed limit laws, let our firm provide you with assistance in fighting your citation or negotiating a deal to reduce the consequences that could result from a finding that you violated traffic laws.
Many people who get a speeding ticket simply pay the fine and move on. Usually, however, this is not the best approach to take. When you pay the fine, the case is closed and your specific interactions with the court system are over in relation to the ticket. However, the consequences are just beginning.
Admitting you violated speeding laws could result in points on your license. If you were traveling excessively fast- such as going 40 miles per hour or more over posted speed limits- you could get 11 points just from one citation. It only takes 11 points to trigger a hearing that could result in a license suspension.
Even if you don’t get that many points, a series of moving violations could add up to that 11-point limit. If the violations happen within 18 months and you reach 11 points, you’ll also face a hearing and possible license suspension.
Even traveling between one and 10 MPH over the speed limit could result in three points on your driver’s license while going 11-20 MPH over the limit could result in four points. Six points are assessed for a speed between 21 and 30 miles over the limit, and eight points are assessed for going 31 to 40 MPH too fast.
Points on your license and a speeding violation on a driving record could not only impact your license, but also insurance rates and employment opportunities. You can say goodbye to being hired at a job that requires a clean driving record. You can also expect to pay for more costly car insurance and sometimes premium increases can be substantial after a speeding citation.
It’s not just the higher insurance costs that can affect your finances either. Fines for speeding can be very large, with fines as high as $1,200 for traveling very quickly through a school zone. There is also a potential threat of jail time, and the risk that you could be faced with an additional charge for reckless driving in certain situations.
You cannot just accept all of these consequences, and that is exactly what happens when you simply pay the fine on your speeding ticket. You no longer have the opportunity to try to defend yourself once you’ve paid the ticket. You have essentially admitted that you violated the law and must face the penalties.
Before you resign yourself to the financial mess a speeding ticket can make, it is worth talking with a NY traffic lawyer Simon Kabzan to find out what options you might have to deal proactively with your ticket so you can protect your license and your finances.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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There are a number of ways that motorists avoid being found to have committed a speeding violation. You can try to argue that there is insufficient evidence that you violated the law, or you can try to justify the speed at which you were traveling and claim that you were within your legal rights to travel at the speed that you did.
The burden is not on you to prove that you did not speed if you decide to challenge a speeding ticket instead of simply admitting guilt and acknowledging that you violated the law. Instead, the state must prove beyond a reasonable doubt that you violated traffic safety rules and traveled too fast.
Many people who do decide to try to challenge a speeding ticket will simply go to court and hope that the law enforcement officer who gave them the citation does not come to testify. The reasoning behind this strategy is that your ticket will be dismissed if the officer does not show up to provide proof and be questioned. However, this is not the right approach because there is a good chance the officer will show up and you will have no plan B and be left with a citation.
You should talk with an attorney who can help you to determine if there are any actual defenses available to you that you can raise or if there are ways to undermine the evidence against you. If so, your attorney can come to court with you to help you present your case and fight against being found guilty of a violation. If you don’t have a solid defense and the evidence against you is strong, your attorney can assist you in exploring options like traffic school or plea bargaining to reduce charges and penalties.
NY Traffic Firm can provide you with assistance fighting your speeding ticket. Our firm has helped many clients to successfully avoid or reduce penalties for going too fast.
To find out more about the ways in which NYC speeding ticket attorneys can help you, give us a call today.
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