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NY Vehicle and Traffic Law § 1180: Speeding Tickets in New York
Vehicle and Traffic Law § 1180 is New York’s speeding law. It covers driving too fast for conditions (1180(a)), going over 55 mph where no lower limit is posted (1180(b)), school zones (1180(c)), and posted limits (1180(d)). Speeding is a traffic infraction, not a crime, but the DMV points and insurance costs that follow can be serious, and going 40 or more over can put your license at risk. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles speeding tickets in Nassau County and Suffolk County.
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NY Vehicle and Traffic Law § 1180 at a glance
| Speeding | |
|---|---|
| Statute | NY Vehicle and Traffic Law § 1180 |
| Charge level | Traffic infraction (not a crime) |
| Fine, 1 to 10 mph over | $45 to $150 |
| Fine, 11 to 30 mph over | $90 to $300, or up to 15 days, or both |
| Fine, more than 30 mph over | $180 to $600, or up to 30 days, or both |
What NY Vehicle and Traffic Law § 1180 says
(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
(b) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) of this section or when maximum speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour.
(c) [School zones: no driving in excess of posted school speed limits during school days at the times shown on the sign (between 7 a.m. and 6 p.m.), or while the sign’s beacons are flashing.]
(d) 1. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other than school speed limits, have been established as authorized in [the listed sections], no person shall drive in excess of such maximum speed limits at any time.
Penalties for 1180(b) and (d)(1): (i) not more than 10 mph over: a fine of not less than forty-five nor more than one hundred fifty dollars; (ii) more than 10 but not more than 30 mph over: a fine of not less than ninety nor more than three hundred dollars or by imprisonment for not more than fifteen days or by both; (iii) more than 30 mph over: a fine of not less than one hundred eighty nor more than six hundred dollars, or by imprisonment for not more than thirty days, or by both.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
Bracketed text is our summary. School-zone speeding carries higher fines, and fines can increase for a second or third speeding conviction within 18 months. Read the full section at the link above.
What the prosecutor has to prove
- You drove a vehicle.
- Your speed exceeded the applicable limit (or was unreasonable for conditions under 1180(a)).
- The speed is usually proven by radar, laser, pacing or a speed camera, and the officer’s training and the equipment’s calibration matter.
Penalties for speeding
| Outcome | What it means |
|---|---|
| Fines | $45 to $150 for 1 to 10 mph over; $90 to $300 for 11 to 30 over; $180 to $600 for more than 30 over (plus a state surcharge). School zones carry higher fines. |
| DMV points | Points increase with speed: from 3 points for 1 to 10 mph over, up to 11 points for more than 40 mph over. |
| License suspension | Eleven points within 18 months can lead to a license suspension, so one ticket for more than 40 over is enough. |
| Driver Responsibility Assessment | Six or more points within 18 months triggers an additional DMV assessment paid over three years. |
| Insurance | Speeding convictions commonly raise insurance premiums for years. |
The goal on most speeding tickets is to avoid or reduce the points, for example through a plea to a non-moving or lower-point violation, where the court and prosecutor allow it.
Got a speeding ticket on Long Island?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How speeding charges show up on Long Island
Most speeding tickets on Long Island are handled in traffic courts and never reach a criminal arraignment. In about two years of Nassau County and Suffolk County arraignment records, about 33 speeding charges appeared alongside criminal charges, split evenly between the two counties, most often under 1180(b) or 1180(a).
When speeding comes with a DWI, reckless driving or suspended license charge, it is handled together with the criminal case.
Traffic infractions in Nassau County are handled by the Nassau County Traffic and Parking Violations Agency, 801 Axinn Avenue, Garden City, NY 11530. In the five western towns of Suffolk County, they are handled by the Suffolk County Traffic and Parking Violations Agency, 100 Veterans Memorial Highway, Hauppauge, NY 11788. When a ticket comes with a criminal charge, the case is heard at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, or the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722.
An example
A driver is ticketed for 82 mph in a 55 mph zone on the Northern State Parkway. That is 27 over, which carries a fine of $90 to $300 and 6 points, enough to trigger the Driver Responsibility Assessment. The goal is to negotiate a reduction to a lower-point or no-point violation.
Defenses to a VTL 1180 charge
- Equipment and calibration. Radar and laser devices must be properly calibrated and used by a trained officer.
- Identification of your car. In traffic, the officer must have identified the right vehicle.
- Reduction. Many tickets can be resolved with a lower-point or no-point violation.
- Your record. A clean record often helps in negotiating a better result.
Related offenses
- Reckless driving (VTL 1212)
- Speed contests and racing (VTL 1182)
- Suffolk County traffic violations agency
- Long Island traffic ticket defense
NY Vehicle and Traffic Law § 1180: frequently asked questions
How many points is a speeding ticket in New York?
It depends on the speed: 3 points for 1 to 10 mph over, 4 points for 11 to 20, 6 points for 21 to 30, 8 points for 31 to 40, and 11 points for more than 40 mph over.
What is the fine for speeding in New York?
Under VTL 1180, fines range from $45 to $150 for up to 10 mph over, $90 to $300 for 11 to 30 mph over, and $180 to $600 for more than 30 mph over, plus a state surcharge. School zone fines are higher.
Can I lose my license for a speeding ticket?
Yes. Eleven points within 18 months can lead to a suspension, and a single ticket for more than 40 mph over carries 11 points.
Is speeding a crime in New York?
No. Speeding is a traffic infraction, not a crime. But the points, surcharges and insurance costs can be significant.
How much does a lawyer cost for a speeding ticket?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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