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New York Speeding Tickets FAQ
- Is Speeding a misdemeanor in New York?
- How Many Points Will I get if I am Convicted of Speeding?
- Am I Entitled to Demand the Calibration Records from the Radar or Laser Gun the Police Used to Clock Me?
- When a Police Officer Clocks me With Radar or Laser am I Entitled to a Printout or Receipt? Or am I Allowed to Demand to See the Radar Gun?
Is Speeding a misdemeanor in New York?
Speeding is not considered a misdemeanor. In New York a speeding ticket is a traffic infraction punishable by increasing fines, penalties and points as the speed over the limit increases. Although, jail is very unusual, a person speeding does face a maximum time in jail of between 15 and 30 days depending on the specifics of the offense and whether they have any prior speeding offenses. A misdemeanor is a crime under the laws of the State of New York for which a person faces one year or less in jail. If a person is convicted of a misdemeanor they will have a criminal record in New York for a minimum of 10 years. Here are some examples of Misdemeanor Traffic Offenses in New York:
- Reckless Driving
- Driving with a suspended license (Aggravated Unlicensed Operation).
- DWI
- Inadequate Brakes
- Driving with a Suspended Registration
- Leaving the Scene of an Accident with Physical Injury
As noted above, Reckless Driving is a misdemeanor. I a driver is committing other violations while speeding the driver may be charged with Reckless Driving.
How Many Points Will I get if I am Convicted of Speeding?
In New York speeding tickets carry between three and 11 points depending on the specifics of the offense? The number of points depend mostly on the number of miles per hour over the speed limit a driver is caught travelling. Speeding ticket given for:
- 1-10 miles per hour over (mph) the speed limit are assessed 3 points
- 11-20 mph over the limit are assessed 4 points
- 21-30 mph over the limit are assessed 6 points
- 31-40 mph over the limit are assessed 8 points
- 41 or more mph over the speed limit results in 11 points.
- Speed not Reasonable and Prudent conviction results in 3 points
It is critical to remember that at 6 points a driver starts getting assessed additional penalties through the New York State Department of Motor Vehicles called the Driver Responsibility Assessment. The Driver Responsibility Assessment results in a $300 charge for the first 6 points and $75 for each point after the first 6. In addition, at 11 points a driver can have their license suspended and if convicted of three speeding violations in an 18 month period a driver can have their license revoked.
Am I Entitled to Demand the Calibration Records from the Radar or Laser Gun the Police Used to Clock Me?
When a Police Officer Clocks me With Radar or Laser am I Entitled to a Printout or Receipt? Or am I Allowed to Demand to See the Radar Gun?
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