AREAS OF PRACTICE

New York State Speeding Ticket Explained

Below is a detailed explanation of the different elements on a common New York State Speeding ticket. Please note that New York City Traffic tickets are different. 

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Section 1- The Defendant’s Information (top of ticket)


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These boxes display numerous identifying data about the defendant including name, address and information about the car being driven at the time of the stop.

Section 2 – The Charges


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The Section Sub Section box indicates which section of the law the defendant is being accused of violating. Below is a list of common New York traffic violations as well as the New York Vehicle & Traffic Law sections they fall under, the amount of points (if any) and the maximum fines and NYS surcharges attached to them. It also lists the location and officer’s information.
Section Sub section Description Points Max Fine (first offense) Surcharge
509 Unlicensed operator 0 S300 $80- $85
511 Aggravated Unlicensed Operation [Misdemeanor] 0 $1000 $80- $85
600- (1a 2a) Leaving the scene of an accident 3 S250 $80- $85
600-2a Failure to exhibit license or insurance 3 $250 $80- $85
1110 Failed to obey traffic control device 2 $150 $80- $85
1120 Failed to keep right 3 $150 $80- $85
1121 Reckless Driving 5 $300 $80- $85
1124 Unsafe passing 3 $150 $80- $85
1140 Failed to yield right of  way 3 $150 $80- $85
1160 (A-E) Improper  turn 3 $150 $80- $85
1180 Speeding over state limit ** $150 $80- $85
1111(a-d) Failed to obey various traffic control devices 3 $150 $80- $85
1144 Failed to yield right of  way emergency vehicle (move over law) 3 $275 $80- $85
1175 Obstructed traffic at intersection 0 $150 $80- $85
1192 DWI – driving while intoxicated 0 $500 - $1,000 plus possible penalties $80- $85
1223 Insufficient  lights on vehicles carrying passengers 0 $150 $80- $85
1225 Use of mobile phone 2 $150 $80- $85


**Speeding Ticket Point System


1-10 mph over posted speed limit 3 Points
11-20 mph over posted speed limit 4 Points
21-30 mph over posted speed limit 6 Points
31-40 mph over posted speed limit 8 Points
Over 40 mph over posted speed limit 11 Points


Section 3 - The Court

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This particular Section shows the name of the court and its address, along with a date and time for a response, either by postal mail or in person.

To find information and directions to court go to New York Court Directory.

Section 4 - Plead Guilty


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If you choose to plead “Guilty” to the charges fill out this Section and mail to the address of the court mentioned in Section 3.

Important note: Many people think that if they plea guilty “with an explanation” there is a possibility that the court will consider their explanation and decide to find them not guilty. This is a big misunderstanding. Once you fill out this portion of the ticket and mail it in, the court will have no choice but to convict you of the offense. The only thing an explanation can do is potentially convince the judge to set a lower fine, but you will still be convicted of the charges and DMV will assess the appropriate penalties (including points, if applicable). You should also bear in mind that pleading guilty to certain offenses like “no insurance” can lead to mandatory driver’s license suspension or revocation

The only way to challenge the charges or get the charges reduced is to plead “not guilty” (see next Section). It is also a common belief that a person should plead “Guilty” if he or she knows that he was, in fact, guilty. It is important to keep two things in mind:

  1. Under our legal system, it is the prosecution that has the burden of proof. It is every defendant’s right to plead “Not Guilty” and make them do their job which is to prove that you were guilty (or offer you a plea agreement for a reduced charge).
  2. Entering an initial plea of “Not Guilty” does not mean that there is no going back. To the contrary, all it does is preserve your rights to a plea bargain or trial.
You can always change your plea to “Guilty” later on, and in most cases where a plea bargain is offered, you will be pleading guilty at some point, but to a less severe offense than the one you are being charged with.

 


Section 4 - Plead Not Guilty


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If you choose to plead “Not Guilty” fill out section 5. The Not Guilty section features a spot for you to request a supporting deposition. A supporting deposition is a written sworn statement detailing the traffic violation and it is signed by the law enforcement officer who issued the ticket. Remember, it is your Constitutional right to to plead “Not Guilty.” You can always change your plea later on, and if an acceptable plea bargain is offered, you will ultimately be pleading guilty to that reduced charge.