Speeding Ticket in the Five Boros

Many traffic stops in the Five Boros are for speeding violations. The default speed limit in New York City is 25 miles per hour. The limit on the parkways does not exceed 50 miles per hour. Such speed limits are substantially lower than the rest of New York State and other states. This departure from the norm results in many traffic stops for speeding violations. Most motorists that are stopped in New York City for speeding are not aware they were exceeding the speed limit.

Most speeding tickets in the five boroughs are charged under VTL 1180-D. Some police officers charge the motorist with speeding in violation of New York City Rules and Regulations instead of 1180(d). There are two city statutes that officers can use instead of 1180(d): 4-06(a)(2) “Speeding Over Posted Limit” and 4-06(a)(1) “Speeding”.

4-06(a)(2) Speeding Over Posted Limit

The wording of 4-06(a)(2) is as follows:

Where official signs are posted indicating a maximum speed limit, no person shall drive a vehicle at a speed greater than such maximum speed limit.

There is no practical difference in the fact that the officer charged you under NYCTRR 4-06(a)(2) instead of 1180(d). Under both statutes, the points and fine depend on how much over the speed limit the motorist is charged with driving. If you are charged with speeding between 1 mph over the limit and 10 mph over the limit, you will get three points on your license and a fine of $138 ($50 +$88 surcharge). If you are charged with speeding between 11 mph over the limit and 20 mph over the limit, you will get 4 points and a fine of $203. If you are charged with speeding between 21 mph over the limit and 30 mph over the limit, you will get 6 points and a fine of $203. Once you hit six points you will also have to pay a Driver Responsibility Assessment Fee. If you are charged with speeding between 31 mph over the limit and 40 mph over the limit, you will get 8 points on your license and the fine is up to the judge (maximum is $688). The Driver Assessment Fee will be minimum $450. If you are charged with speeding more than 41 mph over the limit, you get 11 points and probably get suspended. The fine is up to the judge’s discretion (maximum is $688). The Driver Responsibility Assessment Fee in this instance will be a minimum of $675.

Disputing a Speeding Ticket in the Five Boroughs

Traffic tickets in New York City are handled much differently than traffic tickets in the rest of New York State. The cases are not adjudicated in a justice court. Rather they are adjudicated in the Traffic Violations Bureau (TVB). The TVB is an administrative agency of the New York State Department of Motor Vehicles (DMV). There are 8 TVB locations in New York City, two in Brooklyn, two in Manhattan, two in Queens, one in The Bronx, and one in Staten Island.

There are many differences between the TVB and justice courts. The main difference is that there are little discovery rights in the TVB. Another difference is that there is no plea bargaining. Every contested ticket in New York City must have a hearing at which the ticketing officer appears and testifies. Arguing with the officer whether you were in fact speeding rarely helps. Telling the judge about your otherwise perfect driving record will also not help.

The best way to fight a speeding ticket is by finding something wrong with the ticket, the officer’s notes, or the officer’s testimony. It can be a factual issue or legal issue and it can be an omission or a contradiction. By establishing that the officer’s presentation of the case was not sufficient, you will win the case.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York traffic ticket defense firm. We first opened in 2011. Since then, our attorneys have helped hundreds of motorists with speeding tickets in the Traffic Violations Bureau. We will be glad to take on your case.

The team at the Benjamin Goldman Law Office is dedicated to traffic ticket defense. The attorney that will be assigned to your case will have many years of experience fighting cases just like your case. We utilize all available procedural tactics to improve the odds of beating your charge. The efforts of our team are reflected in the hundreds of five-star verified testimonials we have received.

An additional benefit of retaining a law firm is that you will not have to appear personally in court. Your attorney can make all the necessary court appearances in your place. This includes all adjournments and conducting the trial hearing. You can fight your ticket without leaving your home or office.

The Benjamin Goldman Law Office provides all motorists with a complimentary consultation. You can contact us at your convenience to discuss your case. We can be reached by phone call, text message, email, or website submission. Our team looks forward to working on your case.

Fight the VTL § 4-06(a)(2) Ticket