Legal Question in Traffic Law in New York

Speeding Ticket

I was pulled over when entering a work zone on a highway for doing 68 in a 45. The regular speed limit on the road is 65, and I am college student who lives out of state and i was on my way home for break. As soon as I entered the 45 zone I was immediatley slowing down because there was a car in front of me doing 45. The zones went 65, 55, then 45. I don't know if I was doing 68 when I entered the 45, but I am hoping to get the fee knocked down at least. The officer had me on stationary radar at 68. there was cones up in the work zone, but no work going on at all and no trucks or employees within miles of the work zone and this was mid-afternoon (when there should be employees working). Any ideas on this? Also, it was written that the charge is a VTL 1180-d. yet, the new york code i see on the legislatures website says the code is a VAL. does this make a difference or are they the same thing? would this help me?


Asked on 11/24/03, 5:07 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Speeding Ticket

here is the law : http://assembly.state.ny.us/leg/?cl=128&a=54

VTL stands for Vehicle & Traffic Law. often there are signs that state "Work Zones...Fines Doubled in Work Zones".

You did the speed..take a plea. If you live in NYS, points are an issue.

Also.. please see the following:

What is the driver violation point system?

The DMV driver violation point system helps to identify drivers who have several traffic violations during a specific time period.

The point system is not the only cause for a driver license suspension or revocation. There are mandatory suspensions or revocations. For example, the DMV must revoke your driver license if you receive convictions for three speeding violations in 18 months and you have fewer than 11 points.

The following table lists the point values for different traffic violations:

Violation

Points

Speeding (no specific MPH over speed limit)

3

Following too closely

4

Speeding (MPH over speed limit):

1 to 10 MPH

3

11 to 20 MPH

4

21 to 30 MPH

6

31 to 40 MPH

8

Failed to yield right-of-way

3

More than 40 MPH

11

Other moving violations

2

How does the DMV calculate my point total?

The DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points you received in the past 18 months. The points are counted from the dates the traffic violations occurred, not from the dates of your traffic convictions. A traffic conviction is required for the points to count against your driver record, but the conviction date is not used to determine your point total. When 18 months have passed from the violation date, the points for that violation are not included in your point total. The convictions remain on your record

If you receive 11 or more points in 18 months, DMV notifies you of a driver license suspension.

Good Luck

RRG

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Answered on 11/24/03, 7:31 pm


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