how to fight speeding ticket in court no lawyer nyc

Drivers who wish to fight their NYC speeding tickets must go to trial and win a dismissal, which is very difficult to do, especially for an individual without significant TVB trial experience (non-attorney conviction rates are over 80%). Clear and convincing evidence. In the TVB, the threshold of conviction is “clear and convincing evidence.”

Full Answer

Can I defend myself against a speeding ticket in New York?

Before you can wrap your head around defending yourself against a speeding ticket in a New York Court of law you have to understand some basic criminal precepts and constitutional rights we have in New York State. Just because you were ticketed does not mean you are guilty.

How do I fight a speeding ticket?

Otherwise, to fight your ticket you'll need to plead "Not guilty" and challenge the officer's measurement of your speed or their identification of your vehicle. For more tips from our Legal co-author, like how to prepare for your speeding ticket trial, read on!

Who is the prosecutor in a speeding ticket case?

Enforcing speeding laws and prosecuting cases is an executive function, not a judicial function. Consequently, the prosecutor has been retained to represent the people by either the jurisdiction where the ticket was written or the county district attorney.

How much is a speeding ticket in NYC?

Specifically, it can cost $45-$150 for speeding 1 mph to 10 mph over the limit in NYC; $90-$300 for speeding 11 mph to 30 mph over the limit in NYC; and $180-$600 for speeding 31+ mph over the limit in NYC. Surcharges: Drivers ticketed for speeding in NYC are automatically hit with an $88 surcharge.

Is it worth fighting a speeding ticket in NYC?

In our opinion, it is always worth it to fight a speeding ticket. Points will not be added to your driving record unless you are convicted, so you should not hesitate to hire an NYC speeding ticket lawyer who can help you fight back.

How do you get a speeding ticket dismissed in NY?

If you would like to dismiss your ticket, the first thing you have to do is plead “not guilty” with the court. This will issue a court summons and give you a chance to state your case. Before the court, consider hiring a traffic ticket attorney or lawyer.

How do I plead not guilty to a speeding ticket in NY?

If you wish to plead Not Guilty to a non-criminal moving violation, you may do so by completing section B on the ticket ("Plea of Not Guilty"), placing an X through section A and mailing the ticket to the Court. The Court will then process your not guilty plea and mail you an Appearance/Pre-Trial conference date.

What is the best defense for a speeding ticket?

5 Most Common Speeding Ticket Defenses That Don't WorkChanging the court date until the officer doesn't show. ... Using cross examination to show the officer can't be believed. ... Saying other drivers were going just as fast. ... Pointing out mistakes on the ticket. ... Pleading guilty for a lesser penalty.

How much is a 15 over speeding ticket in New York?

between $90 and $300How much is a 15 over speeding ticket in New York? A ticket for driving 15 mph over the posted limit can cost between $90 and $300. A conviction means 4 points on one's driver's license.

How can I get a ticket reduced in NY?

How To Get a Speeding Ticket Reduced in New YorkSpeeding Tickets in NYC.Speeding Tickets Outside of NYC.Check the Ticket.Respond Right Away.Consult With an Attorney.Present Your Evidence.Cross-Examine the Law Enforcement Officer.

How many points is 20 mph over in NY?

4 pointsVehicle and Traffic Law Points GuideArticleDescriptionPointsSpeeding1 to 10 mph over limit3 pointsSpeeding11 to 20 mph over limit4 pointsSpeeding21 to 30 mph over limit6 pointsSpeeding31 to 40 mph over limit8 points2 more rows

How can a traffic ticket be dismissed?

How to Get Your Ticket DismissedThe officer fails to appear in court. The officer must prove to the court that you did what he or she said you did. ... An error on the ticket. Missing or incorrect information on the ticket may be grounds for dismissal. ... Faulty equipment.

How many points until you lose your license in NY?

11 pointsThe Driver Violation Point System gives the New York State DMV a way to identify and take action against high risk drivers. The DMV assigns points for certain traffic violations. If you get 11 points in an 18-month period, your driver license may be suspended.

Can you argue a speeding ticket?

If you believe you were not exceeding the speed limit and that the NIP was wrongly issued, you must be able to prove this to be able to contest the ticket. If you didn't realise you were speeding, didn't know the speed limit, or you were only speeding for a moment, the speeding ticket is still valid.

Can I ask for proof of speeding?

If the police officer did not show you any evidence at the time of the alleged offence you can request it. You can request to view the speeding ticket photo evidence by contacting the police in writing. If there is evidence of you speeding it will be included in your court hearing.

Can you appeal a speeding ticket?

Regardless of the type of ticket issued you can only appeal to London Tribunals - Enforcement and Traffic Adjudicators (ETA). The case will be decided at the full penalty amount. The Adjudicators at ETA are lawyers and are completely independent from Local Authorities.

Your office is in NYC. How do you handle cases statewide?

We have organized a statewide network of attorneys. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for ot...

Do you guarantee results?

We can only guarantee that we will provide the best possible client service and legal representation. We can’t guarantee results. These are legal p...

Should I just pay my ticket or should I fight?

We recommend fighting almost all tickets. Even if the current NY traffic tickets aren’t particularly harmful, you have an incentive to keep your re...

How can our traffic ticket lawyers help you?

Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Experience, preparation and good decision m...

What happens if you get a speeding ticket in NYC?

If it’s a speeding ticket in NYC at the TVB, then there is no negotiation option. At the TVB, every speeding ticket that is challenged will proceed to a trial. The outcome will either be all (win, case dismissed, no points, no fine, like it never happened) or nothing (lose, guilty as charged). In some instances a judge has the discretion to amend the charge down by a couple of mph if it will result in fewer points, but this is an exception to the all or nothing rule that your lawyer can discuss with you if it is applicable to your particular case.

Does an officer mention the date he was trained to use the particular radar or laser used as the basis of the speed?

An officer fails to mention the specific date he was trained to use the particular radar or laser used as the basis of the speeding ticket in question.

Does an officer remember the incident?

An officer testifies that he really doesn’t independently remember the incident but that he is relying on the notes he took during the car stop to recall and refresh his recollection. However, counsel notices that he offered some testimony NOT contained in these notes that he admits he’s relying on. The veracity of this “outside his notes” testimony is now in doubt.

Can you plead not guilty to a speeding ticket in New York?

If it’s one of the local courts, you’ll probably want to enter a plea of not guilty and then pursue a plea bargain with the prosecutor for that particular court. Given the option to settle/negotiate (plea bargain) before fight (trial), it’s certainly worth pursuing the settlement first. With our clients, the vast majority of speeding tickets in NY local courts are successfully settled and clients walk away with a fine and either nothing or much less on their license than the original charge would have brought.

How to hire a speeding ticket attorney?

Why Hire a NYC Speeding Ticket Attorney? 1 The TVB is tougher than most courts. There is less room for negotiation and a lower burden of proof is required for a conviction. 2 An experienced NYC attorney will know the judges and many of the police officers (who act as prosecutors in the TVB). As such, they will have a positive rapport with many of them, which can provide an edge in presenting and navigating the nuances of the case. 3 An innocent driver can easily end up accidentally admitting guilt or giving enough information to justify a conviction. Skillful attorneys know exactly what to say and what not to say to ensure the case is presented thoroughly without revealing anything that can be used against the client. 4 An attorney can save the driver a trip to court. New York State allows an attorney appear in court in lieu of the driver in most cases.

How much does a speeding ticket cost in NYC?

Specifically, it can cost $45-$150 for speeding 1 mph to 10 mph over the limit in NYC; $90-$300 for speeding 11 mph to 30 mph over the limit in NYC; and $180-$600 for speeding 31+ mph over the limit in NYC.

How many points does a speeding ticket cost in New York?

Points: The New York State DMV will assess the same points for tickets issued in NYC as in other jurisdictions. Speeding 1 to 10 mph over the limit is worth 3 points; speeding 11 to 20 mph over the limit is worth 4 points ; speeding 21 to 30 mph over the limit is worth 6 points ; speeding 31 to 40 mph over the limit is worth 8 points; and speeding 41 mph or more over the limit is worth 11 points.

What boroughs in New York have speeding tickets?

The five boroughs of New York City– Queens, Brooklyn, Manhattan, Staten Island and the Bronx –handle traffic tickets in a different manner than all other parts of the state. As a result, drivers are convicted at much higher rates.

What is the speed limit in NYC?

The default speed limit in NYC is 25 mph. The NYC Department of Transportation has been lowering speed limits throughout the five boroughs since 2014. As such, drivers who are used to driving 30 mph on some roads may suddenly find themselves pulled over for speeding. Unfortunately, due to the state’s strict liability for speeding and other traffic laws, telling a cop or a judge that one didn’t know the speed limit had been reduced on a particular roadway won’t get one out of a NYC speeding ticket—in fact, doing so means admitting to speeding and is sufficient grounds for a conviction. The possibility of a defendant walking themselves into a conviction is yet another reason to hire an experienced trial lawyer (see below)!

What is the threshold of conviction in a TVB case?

Clear and convincing evidence. In the TVB, the threshold of conviction is “clear and convincing evidence.”. By contrast, most other traffic courts require proof “beyond a reasonable doubt.”. This lower standard is one reason TVB has lower acquittal rates than other courts. Right of discovery.

How much is the speeding surcharge in NYC?

Surcharges: Drivers ticketed for speeding in NYC are automatically hit with an $88 surcharge. This is in addition to the fine for the speeding ticket.

What is the speeding law in New York?

Basic speed law states that “No person shall drive a vehicle at a speed greater than is reasonable and prudent” [NY V TL §1180 (a)]. This law makes it possible to get a speeding ticket even if you’re not actually speeding.

How to dispute estimating officer ticket?

The best way to dispute this kind of ticket is to ask the court to prove that the estimating officer is a qualified expert when it comes to guessing speeds of moving objects (this is where having a lawyer for cross examination comes in handy).

How to beat a radar gun speeding ticket?

One of the easiest ways to beat Radar gun speeding tickets was to ask the officer to prove that the gun was calibrated correctly. If the officer doesn’t have evidence proving that or the gun were calibrated wrongly, the court might let you off the hook.

What are active points on a speeding ticket?

Active points are those points currently on your driver license. Every speeding ticket in New York comes with a point value. If the court convicts you, you’re getting at least three points for a speeding ticket. With police officers issuing roughly a million speeding tickets each year, that’s a lot of points to go around.

What are the biggest worries people have when getting a ticket?

One of the biggest worries that people have when getting a ticket is how they can find legal help and if they can afford it. We at WinIt make it as easy as possible to find a lawyer and save money doing so.

How to request evidence from the other side?

To request the evidence that the other side has, you’ll need to provide a lot of documents to the court. That includes your list of witnesses and any supporting documents. Then you can request that the prosecutor does the same.

What do lawyers do when they are investigating a case?

One of the first things a lawyer will do is request the police officer and prosecutor hand over any evidence they have. That way, you can find out what kind of arguments the prosecution is likely to make. Then you can decide how you want to proceed. This is called the “discovery” stage.

How to fight a traffic ticket?

Ultimately, you’ll find yourself in court ready to fight your traffic ticket. The officer who issued the ticket will start and he will offer testimony setting forth the date/time/place of the alleged traffic violation as well as the specifics of what he observed. Once the officer has concluded, it’s your turn to play lawyer and represent yourself. While much of any defense is based on the particular violation at hand and reacting to what you hear and see during the hearing, here are some general tips and considerations:

How to answer a traffic ticket in New York?

You can answer the ticket by returning it by mail to the address provided or by following the instructions to enter your plea online. We will always recommend entering your plea online when you fight a NYC traffic ticket . When compared to pleading by mail, there are two main advantages. First, you’ll get instant confirmation it was done. Second, you’ll get to hold on to the original ticket instead of mailing that back to the DMV in Albany. You can plead online here: https://transact2.dmv.ny.gov/pleadnpay/.

What happens if you don't enter your ticket in the DMV?

It’s not an issue. You will just follow the instructions to request notification from the online system once DMV has entered your ticket in their system and you’ll be able to answer and plead not guilty once you get that notification.

How long does it take for a ticket to show up on the DMV?

One problem you may run into when entering a plea online is that the ticket sometimes doesn’t show up on the DMV system until after their 15 day deadline has passed. It can take longer than that just for the DMV to enter your new ticket under your name/record. Do not worry about that.

How many hearing dates can you choose when you plead not guilty?

When you plead not guilty, you’ll be asked to choose from up to three potential hearing dates. You’ll need to choose the most convenient date/time of the options provided. You’ll have no control over the particular TVB court to which you are assigned.

Do you have to fight a traffic violation?

There is no requirement that you fight it. Whether you decide to fight depends on a few factors including the severity of the traffic violation charge (s), your past driving history, your occupation, your available time (if you decide to fight yourself) and your ability/desire to pay a lawyer (if you determine a lawyer is the right move for you).

What does it mean to plead guilty to a speeding ticket?

Pleading guilty means you're accepting the ticket and paying the resulting fines, which will raise your insurance premiums.

How to avoid losing money on a speeding ticket?

However, the best way to avoid losing money over a speeding ticket is to simply plead "not guilty" and fight the ticket in court. You should only plead "guilty with explanation" if you were speeding due to an emergency.

What to do if you are speeding due to an emergency?

If you were speeding due to an emergency, consider pleading "Guilty with explanation," which may prevent your insurance premiums from going up. Otherwise, to fight your ticket you'll need to plead "Not guilty" and challenge the officer's measurement of your speed or their identification of your vehicle.

How to move court appearance closer?

Politely ask the officer if he can move the court appearance to the county seat. If he refuses, ask him to note the request. Having the appearance moved closer will make fighting the ticket easier for you.

What to do when you are pulled over for speeding?

Follow standard procedures when you're first pulled over. You want to make sure you behave in accordance to the law when you're pulled over for speeding. This way, your character will look good during trial and you're more likely to successfully avoid a speeding ticket.

What happens if the judge hears both sides of a ticket?

Understand the judge's ruling. Once the judge has heard both sides, he will make a ruling. He will either decide to dismiss the ticket or ask you to pay the fine.

What happens if an officer asks to search a vehicle?

If the officer asks to search the vehicle, you have the right to refuse. A search warrant is required without probable cause. If the officer says he will get a search warrant, politely tell him to do so and continue to refuse a search. ...

1. Going With the Flow of Traffic

"I was going with the flow of trafficu001d" - This statement will not have you beat a speeding ticket in New York. The speed limit is the speed limit. If everyone is stealing, it doesn't make it okay to steal.

2. Faulty Speedometer

"My speedometer was brokenu001d" - Again, not a valid defense to help you beat a speeding ticket. You are responsible for your car's proper functioning and for knowing how fast you are going. If your speedometer is broken, then you shouldn't be driving the car or, at the very least, you should be driving extra slow.

3. Everyone Was Speeding

"Everyone was speeding but I was the only one pulled overu001d" - Not helpful to beat a speeding ticket. For his or her safety, the officer is allowed to pull only one motorist at a time. The failure to pull over a second car is irrelevant.

4. Rude Police Officer

"The officer was rudeu001d" - My particular favorite. While officers should be courteous, this is irrelevant to whether you are guilty of the speeding ticket. You will not beat a New York speeding ticket by proving that the officer was rude.

5. It's Not Supposed to Add Points

"The officer told me that the ticket carries no pointsu001d" - You will not beat a New York speeding ticket based on receiving incorrect information from a police officer. It is common for an officer to convey incorrect information. This does not help you avoid the true legal consequences of the speeding ticket, however.