The New York Traffic Violations Bureau (or TVB) adjudicates moving
violations, including New York speeding ticket, in the five Boroughs of New York
City, the Cities of Buffalo and Rochester, and the Towns of Babylon,
Brookhaven, Islip, Riverhead and Smithtown in Western Suffolk County. If
you receive a New York speeding ticket in these areas, you have an uphill
battle. The TVB is not a real traffic court but rather and administrative
agency. There are many rules which make it difficult for motorist who
contest a summons. For example, you cannot plea bargain your case, you have
no right to discovery, you are not entitled to a supporting deposition and
hearsay evidence is admissible. Indeed, according to a recent report, the
Traffic Violations Bureau is required to maintain a 65% New York speeding ticket
conviction rate in order to maintain revenues. The only positive is that
the Administrative Law Judge does not have the power of incarceration so you
cannot end up in jail. Here is the link to the official TVB site: New York Traffic Ticket Violations Bureau
If you are going to contest a New York traffic ticket in the Traffic
Violations Bureau, then your best chance is to retain a New York traffic
attorney. Attorneys that handle TVB matters are familiar with the unique
rules of this venue as well as their various nuances of the administrative
law judges which decide such cases. If you are trying to locate a New York attorney
that defends motorists from moving violations in New York State (including
TVB matters), we urge you to call the law firm of Weiss & Associates, P.C.
Led by Matthew J. Weiss, Esq., their experienced team of New York speeding ticket
lawyers can assist you in any of the Traffic Violation Bureaus or in any
other traffic court within New York State. They charge one low flat fee and
you usually do not have to go to court. They also handle New York traffic
accidents, New York personal injury matters and New York criminal matters
(including driving while intoxicated and reckless driving). Their New York law firm
offers free consultations and special rates for anyone mentioning Speeding
We are receiving reports of numerous speeding tickets being issued in Upstate New York, especially near the Canadian border. The New York State Troopers are setting up near the border crossing and then having you held at the checkpoint until the ticket is issued. The following is general information on a New York speeding ticket and is not legal advice.
If you receive a New York State speeding ticket you are required to enter a plea within 48 hours. I have no idea of the legality of this requirement as it would appear to be unconstitutional. However the best is to follow the instructions on the back of your ticket.
If you wish to contest your New York speeding ticket or to negotiate for a reduction then you must check the "Not Guilty" box on the back. If the officer did not issue a deposition at the stop then also check the "Request Deposition" box.
It is best to send this in to the New York traffic court Certified return receipt requested along with a letter stating your not guilty plea and request for a deposition. Court clerks sometimes don't check the back and just enter it as a guilty plea.
After your request for a deposition is received by the court there is a requirement that it must be provided within 30 days. If you do not receive the deposition you must timely file a Motion to Dismiss with the court. The time limit for filing the motion is 45 days from the time the court received your plea. Miss the time limit and the court can ignore the motion. Actually the court may ignore your motion anyway since traffic court judges do not always follow the letter of the law.
When the court receives your not guilty plea they will notify you of your court date. This means that you do not have to appear on the court date shown on the ticket. However, if you have not entered a plea or paid the ticket you must be in court or additional fines can be added along with the possibility of a warrant and suspension of your license.
You can research the statute on your traffic ticket atNew York Speeding Ticket Law. They are listed in the NY State Consolidated Laws Chapter 71. It is possible that you may be charged under a local city ordinance and you would need to obtain the codes from them.
You can also find more New York traffic ticket information at the New York Department of Motor Vehicles page:
In many New York traffic courts it is taking up to a year for your New York speeding ticket trial to be scheduled. New York traffic judges normally rule that the right to a speedy trial does not apply to traffic infractions. If you do not object to your trial date you are considered to have waived your right to a speedy trial. If you want to assert this right you must timely file an objection with the court.
In People v Thorpe, 160 Misc.2d 558; 613 N.Y.S.2d 795 (1994), the Supreme Court, Appellate Term, Second Department, unequivocally stated:
“In answer to the defendant’s assertion in his affidavit of errors that his constitutional right to a speedy trial had been violated, the return of the court merely asserted that the right to a speedy trial did not apply to a traffic violation. This assertion is incorrect, since the constitutional right to a speedy trial applies to all prosecutions (People v Wertheimer, NYLJ, June 5, 1986 at 15, col 5 [App. Term, 2d & 11th Jud Dists]).” See also People v. Matera, 2003 WL 21974065 (N.Y.Sup.App.Term), 2003 N.Y. Slip Op. 51180(U)(unexplained delay of over two years in bringing traffic infraction to trial warranted dismissal); People v. Rogoish, 2003 WL 21700087 (N.Y.Sup.App.Term), 2003 N.Y. Slip Op. 51120(U)(unexplained delay of over three years in bringing the traffic infraction to trial warranted dismissal)
New York Speeding Ticket Defense
Once your not guilty plea to the New York speeding ticket is entered it will likely be assigned to an ADA. He is not interested in going to trial on a minor speeding ticket since he has a lot of more serious crimes on his schedule. You will be notified of a pretrial hearing and can negotiate for lesser a point/fine traffic violation. Reductions are normal at this stage if there are no other issues.
If you are not satisfied with the offer then you must prepare for trial. This means that you either need to do your research or retain a New York speeding ticket lawyer.
Speeding Ticket Lawyer New York
If you are charged with a serious New York speeding ticket or you are appearing before the New York DMV Transit Adjudication Board you need to retain a New York Traffic Attorney. Any speeding ticket is likely to increase your insurance premiums. If you drive a company vehicle or have a CDL license then it is always in your best interest to fight your speeding ticket.
New York Red Light Cameras
The only defenses which I am aware of to New York Red Light camera tickets is that the photograph
does not clearly show that your vehicle was involved, medical emergency, mechanical
problems, theft of vehicle and possibly other justification type defenses. Without a good defense supported by documentary proof, these tickets are extremely difficult to win. Fortunately they are no points and treated as a parking ticket carrying a $50.00 fine.
THE ANSWER TO RED LIGHT CAMERA TICKETS
Below is a list of some of the known locations of hidden cameras in the City of New York.
Second Ave., southbound at 42nd St.
Third Ave., northbound at E. 72nd St.
West Street, southbound at West Houston St.
Amsterdam Ave., northbound at W. 72nd St.
Grand Concourse, northbound at E. 167th St.
Cross Bronx Expressway, westbound at Rosedale Ave.
Pelham Pkwy., westbound at Stillwell Ave.
Ocean Pkwy., northbound at Church Ave.
Hamilton Ave., northbound at Clinton
Flatbush Ave., southbound at Kings Plaza
Pennsylvania Ave., southbound at Atlantic Ave.
Boerum Place, southbound at Atlantic Ave.
Queens Blvd., eastbound at 58th St.
Northern Blvd., westbound at Douglaston Pkwy.
Queens Blvd., eastbound at Ascan Ave.
Rockaway Blvd., westbound at Brookville Blvd.
Hyland Blvd., northbound at Burbank Ave.
Victory Blvd., eastbound at Morani St.
New York Point Surcharge
New York has started charging a surcharge for those with a certain number of points on their license. Check out our New York Drivers License Point System to be sure that you do not get hit with this new tax.
If you receive six points on your driver record during a period of 18 months, the annual
assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300. If you receive more than six points on your driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The minimum amount that you must pay each year is the annual assessment. The total
assessment for the three years is $75 for each point more than the original six points.
We have been receiving reports that the New York Department of Motor Vehicles is assessing this surcharge on out-of-state drivers who receive a New York speeding ticket. While we do not know the legality of this, you need to be aware that just paying the ticket may result in additional charges.
New York Drivers License Point System
New York uses a point system for traffic violations. Except for speeding tickets received in Ontario or Quebec, points are not assigned for minor speeding tickets from other states.
You are allowed ten points within an eighteen month period and points last for eighteen months from the date of the offense. This can be very important in deciding to contest a New York speeding ticket. If you already have several points on your license then delaying your court date may be to your advantage.
If you have more than 10 points within 18 months then
take the NYS Drivers Safety Program. After you complete this 6-hour class you will get 4 points off your record and get a 10% savings on your New York automobile insurance.
Auto insurance is a major expense. Do you know if you are paying too much for your New York auto insurance? If you are anticipating that a speeding ticket will go on your record you may want to obtain auto insurance while your record is clean. They are unlikely to check again and this move could save you a considerable amount.
Should I Buy a Radar Detector?
PREVENT FUTURE TRAFFIC TICKETS
Purchasing a quality radar detector and laser detector and learning how to use it can help prevent future traffic tickets. Click HERE to see our radar and laser detector recommendations.
One minor ticket may not increase your rates but two or more MINOR TRAFFIC VIOLATIONS or one serious ticket and YOUR RATES WILL GO THRU THE ROOF. Fight back by applying for a new policy right after receiving a ticket, but well before the ticket has been decided in court. The easiest way is to apply for multiple quotes ONLINE.
Canadian Driver - New York Speeding Ticket
If you are a Canadian driver with a New York speeding ticket you need to know that it will appear on your Canadian driving record and could cause an increase in your auto insurance rates. The rules for fighting the ticket is the same as for a New York driver. You must check the not guilty box on the back of the New York speeding ticket and return it to the court. We suggest by certified mail and be sure to keep a copy. If it is a serious ticket, retain a New York traffic attorney since it will be cheaper in the long run.
New York Move Over Law Enacted in 2011
On January 1, 2011, New York State’s enacted the move over law.
The law requires New York drivers to safely slow down and move over when they see a stopped New York emergency vehicle with flashing lights. Violators are issued a New York traffic ticket which carries 2 points and roughly $150 fine. On single lane roads, motorists must slow down and use caution.
We've received reports that NY cops are using the move over law to trap drivers. In particular, they park on the side of the road with lights on and wait for drivers to fail to move over. Despite there being no emergency, drivers are then pulled over and issued a “move over” summons.
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