Speeding in New York City
Most traffic stops in New York City are for speeding violations. The default speed limit on city streets is 25 miles per hour. The highest speed limit on the highways (parkways) through the city is 50 miles per hour. These speed limits are considerably lower than the rest of the state and other states. This anomaly results in many motorists exceeding the speed limit, mostly inadvertently.
If you are issued a speeding ticket, in all likelihood, the ticket will list the violation as 1180-D. Police officers can also issue the ticket as a violation of New York City Rules and Regulations. There are two city statutes that officers use in lieu of 1180(d): 4-06(a)(1) “Speeding” and 4-06(a)(2) “Speeding Over Posted Limit”.
NYCTRR 4-06(a)(1)
The wording of NYCTRR 4-06(a)(1) is as follows:
(a) Maximum speed limits and basic rule.
(1) No person shall drive a vehicle at a speed greater than twenty-five miles per hour except where official signs indicate a different maximum speed limit.
The wording of the statute appears to limit this charge to areas that have no posted speed limit, and the motorist was traveling at a higher rate than 25 miles per hour. According to research conducted by our firm, most speeding tickets issued under this statute are for motorists clocked in the 37-50 mph range.
There is little practical difference in the fact that the officer charged you under NYCTRR 4-06(a)(1) as opposed to 1180(d). The fine and the points remain dependent on the alleged speed over the limit. For speeds between 1 mph over the limit and 10 mph over the limit, you will get three points and a fine of $138. For speeds between 11 mph over the limit and 20 mph over the limit, you will get 4 points and a fine of $203. For speeds between 21 mph over the limit and 30 mph over the limit, you will get 6 points and a fine of $203 plus a $300 Driver Responsibility Assessment Fee. For speeds between 31 mph over the limit and 40 mph over the limit, you will get 8 points and the fine is up to the judge (maximum is $688) plus a $450 Driver Responsibility Assessment Fee. For speeds that are more than 41 mph over the limit, you get 11 points (suspension) and fine is up to the judge (maximum is $688) plus a $675 Driver Responsibility Assessment Fee.
Disputing a Speeding Ticket in New York City
Traffic tickets in the five boros are handled differently than tickets elsewhere. There is no plea bargaining. Every contested ticket must have a hearing. Simply stating that “I was not speeding” does not help. The way to beat this ticket is by finding something wrong with the ticket, the officer notes, or the officer testimony. It can be an omission or contraction and it can be a factual issue or legal issue. There are several possible defenses to speeding and there are motions that can be made to reduce the speed.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a traffic ticket defense firm. We have defended hundreds of clients with speeding tickets in New York City. A lawyer can appear for you in the Traffic Violations Bureau of Bronx, Brooklyn, Manhattan, Queens, or Staten Island. You can be assured that the attorney assigned to your case has many years of experience fighting tickets just like yours. The efforts of our team are reflected in the hundreds of five-star reviews we have received. An additional benefit of retaining an attorney is that you will not have to appear personally in court. Your lawyer can make all the necessary court appearances in your place. The Benjamin Goldman Law Office charges all motorists a one-time flat fee for all the legal services to fight your city ticket. It will include all court appearances including conducting the hearing. We also provide all motorists with a free 10-minute consultation. You can contact us at your convenience via text message or phone call.