WHY IT IS A BAD IDEA TO JUST PLEAD GUILTY TO SPEEDING TICKETS IN NEW YORK STATE

James L. Maswick • March 22, 2021
Policeman writing a ticket.

I cannot tell you the number of times that I have heard people say that rather than hiring an attorney, fighting a speeding ticket issued to them or seeking a plea deal “because it was not worth their time or money,” people have just plead guilty and then faced licensing sanctions. In New York State, the Department of Motor Vehicles keeps track of convictions to speeding tickets and other moving violations. The consequences are greater than just the Court fine. This article discusses some of those consequences.


When you are charged and plead guilty to speeding or virtually to any other moving violation, a guilty plea not only garners you a fine and likely a mandatory surcharge from the Court where the ticket is returnable, but also points on your license. These points can have significant impact on your licensing and any further civil penalties that you are required to pay the state for the privilege of continuing to drive in New York. For instance, a speeding ticket that is 1 mph over the speed limit is a 3-point offense with the Department of Motor Vehicles. A speeding ticket 11 mph over the speed limit is a 4-point offense. A speeding ticket that is 21 mph over the speed limit is a 6-point offense. We routinely speak to clients who are alleged to have been driving these speeds all the time, especially on the wide-open interstates and the Northway in Upstate New York.


Another common ticket is communicating on a mobile phone while operating a vehicle without a hands-free device, which is a 5-point violation.


These points are counted for purposes of driver licensing and ability to continue operating a vehicle in the State of New York. If you receive six points on your license in 18 months, you will receive, in addition to any Court fine and surcharge, the Driver Responsibility Assessment—a civil penalty through the New York State Department of Motor Vehicles. Six points in 18 months will cost you $100.00 per year for 3 years as a civil penalty. Any point on top of 6 in that same 18 months will cost you an additional $25.00 per year for 3 years on top of the Court fines and surcharges and the $100.00 per year for three years to the Department of Motor Vehicles. If you obtain 11 points in 18 months, you will be suspended and off the road for 6 months. Similarly, 3 speeding tickets in 18 months is an automatic suspension of your driver’s license for 6 months. These penalties are simply for those regular Class D drivers; penalties can be even more substantial and significant for those who are junior drivers, new drivers or hold a commercial driver’s license commonly known as a “CDL.”


Additionally, as you might imagine, insurance companies also keep an eye on your points. Needless to say, your insurance rates will rise as the number of convictions to moving violations and speeding tickets you have increases, as well.


And, if a defendant were to have had multiple convictions for Driving While Intoxicated or Driving While Ability Impaired, points can play a role in your ability to ever obtain a license in the future. Lifetime points are counted in this aspect as a serious driving offense (SDO). If you garner enough lifetime points, this can also keep you off the road, potentially for good.


It is extremely important to seek legal counsel in the event that you obtain speeding tickets or other traffic tickets in the State of New York to determine what penalties you face with the Court, as well as your ability to operate in the future and any lasting effects. 

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