New York Speeding Ticket Fines and Points

Speeding No No’s

Speeding is one of the top most common moving violations. Speeding will cause you to incur points to your license, pay costly fines, may cause your license to be suspended or revoked or in some cases even land you in jail.

Points: Here’s the breakdown of how many points you usually get on your driving record for speeding in NY, based upon how many miles per hour above the limit you are driving:

• 1 to 10 mph= 3 points
• 11 to 20 mph= 4 points
• 21 to 30 mph= 6 points
• 31 to 40 mph= 8 points
• 41 mph and up= 11 points

Fines and penalties (based upon first time conviction in a Town or Village court):

• 1 to 10 mph= $138 to $243 fine
• 11 to 20 mph= $183 to $393 fine and up to 15 days of jail time
• 21 to 30 mph= $483 to 693 fine and up to 15 days of jail time
• 31 mph to 40 mph up= $723 to $1143 fine and up to 30 days of jail time
• 41 MPH and up=$1098 to $1518 fine an automatic license suspension and up to 30 days of jail time

(Jail is quite rare in speeding cases, but not unheard of, particularly with very high speeds.)

Speeding in a work zone: When you speed in a work zone, a portion of the fine is doubled for the  total of an additional $93 above the price listed above. A second conviction for a work zone speed results in a license suspension. The points assessed are based on the respective speed as listed above.

Speeding in a school zone:  It takes 3 speeding in a school zone charges (or any other 3 speeding charges) to be suspended and the points assessed for speeding in a school zone are based on the speed as listed above. Both the minimum and maximum fines amounts are higher as follows:

• 1 to 10 mph= $183 to $393 fine
• 11 to 20 mph= $273 to $693 fine and up to 15 days of jail time
• 21 to 30 mph= $573 to 993 fine and up to 15 days of jail time
• 31 mph to 40 mph up= $903 to $1743 fine and up to 30 days of jail time
• 41 MPH and up=$1278 to $2118 fine an automatic license suspension and up to 30 days of jail time

Inappropriate (but nonspecific) speed with special hazards: $138 to $243 and up to 15 days of jail time. 3 points will be assessed.

How to lower the points on your license: There are generally two options to reduce your points; fight the ticket, or take a defensive driving course. If you choose to take The Point & Insurance Reduction Program (PIRP) course, you can reduce up to 4 points. You can only reduce those points that were incurred within the previous 18 months. You cannot reduce your points below zero to be used as ‘credit ‘towards future points.  Nevertheless, the points are not completely “erased”, and can still be held against you for certain purposes. If the charge is reduced or dismissed you will not receive the original amount of points as on charges which you are convicted of are considered.

Is it possible to get a speeding ticket when driving below the posted speed limit:  As a general rule, you need to drive safely and follow the flow of traffic but that will not always prevent you from getting a speeding ticket. In some cases you may get a speeding ticket even if you were driving under the limit, if in the judgment of the police officer you were driving faster than what was reasonable under the present conditions .

Some examples are;

• When driving up/down a hill
• When the roads are slippery or during stormy weather
• When approaching a railroad crossing
• When driving on a winding, narrow road
• When there is any other hazard to pedestrians, etc.

Defensives: There are a number of defenses against speeding charges however we will not explain on this website all of the defenses an attorney may preform. “Everybody else was also speeding” is not a defense against a speeding charge.

What are the pros and cons of paying the ticket vs. fighting the ticket?

• If you choose to pay the ticket, typically you will;pay the fines, in some cases pay the DRA (Driver Responsibility Assessment), incur points on your driving record, and under certain circumstances you will face a suspension.  You have the option of completing the driver safety course to reduce points and have your insurance premiums lowered.
• If you choose to fight the ticket, you will;need to contest the ticket at a conference or hearing or hire a lawyer to represent you.  In most courts, you retain the ability to plea bargain to a lesser penalty.  Under some circumstances, you may not have to pay any fines or incur points, such as if you are found not guilty or if the case is otherwise dismissed.  If you are convicted after a hearing/trial, you generally have the right to appeal the verdict.

Other consequences of speeding: In addition to points, fines and possible jail time, there are other consequences that may come your way when speeding:

• License suspension: here are some of the ways where you can earn a license suspension:

• You accumulate 11 points within 18 months (based upon date of violation)
• You get 3 speeding convictions or driving related misdemeanors within this period
• You do not pay your speeding ticket within the time allotted
• You fail to show up in court or otherwise respond to a traffic summons

• Insurance increase. Different insurance companies will increase premiums based on different factors which include underwriting consideration and NYS regulations. The New York State Department of Financial Services regulations do not permit your insurance company to increase your auto insurance premium for a conviction of 15 m.p.h. or less over the speed limit and for other minor traffic charges. Nevertheless your premium can be raised due to the loss of good driver discounts. The total premium increase for a single minor moving violation is usually 2% to 5%. Here are some recent general figures based on a study by Insurance.com:

• 1-14 over the limit: 11% increase
• 15-29 over the limit:  12% increase
• 30 and up over the limit: 15% increase
• If you have cited with careless driving: 18% increase
• If you have been cited with reckless driving: 22% increase

• Fuel economy. According to fuel economy comparisons, you will be paying an additional $0.24 per gallon on every 5 mph you drive over 60 mph. Visit fueleconomy.gov for more information.
• The ultimate consequence:  An estimated ⅓ fatal accidents occur due to speeding according to the Federal Highway Administration.  As 32,719 people died in car accidents in 2013, an estimated 10,906 lives were lost due in part to speeding in 2013 alone.

Conclusion: Cracking down on speeding is one of the basic ways that society attempts to keep the roads safe.  Insurance companies, to a great degree measure the risk of a driver based on speeding and other driving stats.  Speeding can be very costly between fines, assessments and insurance increases.

If you’ve been caught speeding, you may want to consider reaching out to a competent NY traffic attorney who can help you fight that ticket and keep your driving record as clean as possible.