How do I fight a speeding ticket in New York?

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Accepted Answer

New York speeding ticket procedure depends sharply on where the ticket was issued.

1. TVB vs. Town/Village Court

TVB (NYC, Buffalo, Rochester): NO plea bargaining allowed. Hearing before an Administrative Law Judge — preponderance standard. Officer testimony required; failure to appear means dismissal.

Town/Village Court: prosecutor (often the police agency) can plea bargain to a lower-point violation (e.g., parking on pavement at 0 points).

2. Pay vs. Contest

Pay: guilty plea, points assessed by DMV.

Plead not guilty: request a supporting deposition (CPL § 100.25) within 30 days — defects in the deposition can lead to dismissal.

3. Speed Limits & Reckless Threshold

VTL § 1180 sets basic, statutory, and posted maximums. Reckless driving (VTL § 1212) — "unreasonable interference with use of the public highway" — is an unclassified misdemeanor with criminal penalties.

4. Points & Insurance

1-10 mph over: 3 points

11-20 over: 4 points

21-30 over: 6 points

31-40 over: 8 points

41+ over: 11 points (automatic suspension)

11 points/18 months triggers suspension. The Driver Responsibility Assessment adds $300 fee at 6 points.

5. PIRP Course

Point & Insurance Reduction Program — DMV-approved 6-hour course, $93 online — subtracts 4 points and provides a mandatory 10% liability/collision insurance discount for 3 years. Take once per 18 months.

6. Defenses & Discovery

Demand supporting deposition; cross-examine on radar/laser calibration, weather, traffic density. Subpoena radar/lidar manuals.

This is legal information, not legal advice.