NY Speeding Tickets in New York State

ARTICLE 30 SPEED RESTRICTIONS Section 1180. Basic rule and maximum limits. 1180-a. Maximum speed limits. 1180-b. Owner liability for failure of operator to comply with certain posted maximum speed limits. 1180-c. Owner liability for failure of operator to comply with certain posted maximum speed limits. 1181. Minimum speed regulations. 1182. Speed contests and races. 1182-a. Multi-jurisdictional speed contests, races and similar special events. 1182-b. Filming of movies, commercials and similar events. § 1180-a. Maximum speed limits. 1. Notwithstanding any other provision of law, no city, village, town, county, public authority, division, office or department of the state shall maintain or create (a) any speed limit in excess of fifty-five miles per hour on any road, highway, parkway or bridge or (b) any speed limit on any other portion of a public highway, which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on November first, nineteen hundred seventy-three, such portion of highway had a speed limit which was uniformly applicable to all types of motor vehicles using it; provided however, a lower speed limit may be established for any vehicle operating under a special permit because of any weight or dimension of such vehicle, including any load thereon, and (c) provided further, paragraph (b) of this subdivision shall not apply to any portion of a highway during such time that the condition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic on such portion of a highway. However, the commissioner of the department of transportation may establish a maximum speed limit of not more than sixty-five miles per hour on any state roadway which meets department criteria for such maximum speed. 2. Notwithstanding the provisions of paragraphs (a) and (b) of subdivision one of this section, upon The Governor Thomas E. Dewey Thruway as such term is defined in section three hundred fifty-six of the public authorities law, the New York state thruway authority may establish a maximum speed limit of not more than sixty-five miles per hour provided that such maximum allowable speed limit is established in accordance with all applicable rules and regulations. 3. Notwithstanding the provisions of paragraphs (a) and (b) of subdivision one of this section, upon (a) the southern tier expressway from a point east of the town of Lowman, in the county of Chemung, thence generally westerly to the Pennsylvania border and from the Chemung interchange to New York touring route twenty-six, (b) interstate route eighty-one from the Pennsylvania border in Broome county to the interchange with New York state touring route twelve in Jefferson county, (c) the Adirondack northway portion of interstate route eighty-seven from the interchange with Crescent Road in Saratoga county to the province of Quebec, (d) interstate route eighty-eight from the interchange with New York state touring route three hundred sixty-nine in Broome county to the interchange with interstate route ninety in Schenectady county, (e) interstate route three hundred ninety, known as the Genesee Expressway, from the interchange with the southern tier expressway in Steuben county to the interchange with interstate route four hundred ninety in Monroe county, (f) interstate route four hundred ninety from interstate ninety exit forty-five in Ontario county to the city of Rochester in Monroe county and from interstate ninety exit forty-seven in Genesee county to the city of Rochester in Monroe county, (g) interstate route five hundred ninety from the interchange with interstate route three hundred ninety in Monroe county to the interchange with interstate route four hundred ninety in Monroe county, (h) route seventeen from the interchange with New York touring route three hundred ninety-four to the Pennsylvania border, (i) interstate route four hundred eighty-one from the southerly interchange with interstate route eighty-one in Onondaga county to the northerly interchange with interstate route eighty-one in Onondaga county, (j) New York state touring route four hundred eighty-one from the northerly interchange with interstate route eighty-one in Onondaga county to the city of Fulton in Oswego county, (k) interstate ninety from exit eight, in the county of Rensselaer, thence generally easterly to the interchange with the Berkshire section of The Governor Thomas E. Dewey Thruway, (l) interstate route six hundred ninety, from the city of Syracuse and town of Geddes border, thence generally westerly to the interchange with the New York state thruway, (m) New York state touring route six hundred ninety, from the interchange with the New York state thruway, thence generally westerly to its intersection with New York state touring route forty-eight in the town of Lysander, (n) New York state touring route six hundred ninety-five, from the interchange with interstate route six hundred ninety approximately 2.3 miles to the interchange with New York state touring route five, (o) New York state touring route five from the interchange with New York state touring route six hundred ninety-five approximately 5.0 miles to the interchange with New York state touring route one hundred seventy-four in the town of Camillus, and (p) route five hundred thirty-one from the interchange with interstate route four hundred ninety in Monroe county to the interchange with route thirty-six in Monroe county, and (q) United States route two hundred nineteen, from the interchange with Armor Duelles Road in the town of Orchard Park, thence generally southerly to the interchange with New York state route thirty-nine in the town of Concord, the commissioner of the department of transportation may establish a maximum speed limit of not more than sixty-five miles per hour provided that such maximum allowable speed limit is established in accordance with all applicable rules and regulations. * § 1180-b. Owner liability for failure of operator to comply with certain posted maximum speed limits. (a) ** 1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than one hundred forty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone. ** NB Effective until July 25, 2018 ** 1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than twenty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone. ** NB Effective July 25, 2018 2. No photo speed violation monitoring system shall be used in a school speed zone unless (i) on the day it is to be used it has successfully passed a self-test of its functions; and (ii) it has undergone an annual calibration check performed pursuant to paragraph four of this subdivision. The city may install signs giving notice that a photo speed violation monitoring system is in use to be mounted on advance warning signs notifying motor vehicle operators of such upcoming school speed zone and/or on speed limit signs applicable within such school speed zone, in conformance with standards established in the MUTCD. 3. Operators of photo speed violation monitoring systems shall have completed training in the procedures for setting up, testing, and operating such systems. Each such operator shall complete and sign a daily set-up log for each such system that he or she operates that (i) states the date and time when, and the location where, the system was set up that day, and (ii) states that such operator successfully performed, and the system passed, the self-tests of such system before producing a recorded image that day. The city shall retain each such daily log until the later of the date on which the photo speed violation monitoring system to which it applies has been permanently removed from use or the final resolution of all cases involving notices of liability issued based on photographs, microphotographs, video or other recorded images produced by such system. 4. Each photo speed violation monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory which shall issue a signed certificate of calibration. The city shall keep each such annual certificate of calibration on file until the final resolution of all cases involving a notice of liability issued during such year which were based on photographs, microphotographs, videotape or other recorded images produced by such photo speed violation monitoring system. 5. (i) Such demonstration program shall utilize necessary technologies to ensure, to the extent practicable, that photographs, microphotographs, videotape or other recorded images produced by such photo speed violation monitoring systems shall not include images that identify the driver, the passengers, or the contents of the vehicle. Provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because such a photograph, microphotograph, videotape or other recorded image allows for the identification of the driver, the passengers, or the contents of vehicles where the city shows that it made reasonable efforts to comply with the provisions of this paragraph in such case. (ii) Photographs, microphotographs, videotape or any other recorded image from a photo speed violation monitoring system shall be for the exclusive use of the city for the purpose of the adjudication of liability imposed pursuant to this section and of the owner receiving a notice of liability pursuant to this section, and shall be destroyed by the city upon the final resolution of the notice of liability to which such photographs, microphotographs, videotape or other recorded images relate, or one year following the date of issuance of such notice of liability, whichever is later. Notwithstanding the provisions of any other law, rule or regulation to the contrary, photographs, microphotographs, videotape or any other recorded image from a photo speed violation monitoring system shall not be open to the public, nor subject to civil or criminal process or discovery, nor used by any court or administrative or adjudicatory body in any action or proceeding therein except that which is necessary for the adjudication of a notice of liability issued pursuant to this section, and no public entity or employee, officer or agent thereof shall disclose such information, except that such photographs, microphotographs, videotape or any other recorded images from such systems: (A) shall be available for inspection and copying and use by the motor vehicle owner and operator for so long as such photographs, microphotographs, videotape or other recorded images are required to be maintained or are maintained by such public entity, employee, officer or agent; and (B) (1) shall be furnished when described in a search warrant issued by a court authorized to issue such a search warrant pursuant to article six hundred ninety of the criminal procedure law or a federal court authorized to issue such a search warrant under federal law, where such search warrant states that there is reasonable cause to believe such information constitutes evidence of, or tends to demonstrate that, a misdemeanor or felony offense was committed in this state or another state, or that a particular person participated in the commission of a misdemeanor or felony offense in this state or another state, provided, however, that if such offense was against the laws of another state, the court shall only issue a warrant if the conduct comprising such offense would, if occurring in this state, constitute a misdemeanor or felony against the laws of this state; and (2) shall be furnished in response to a subpoena duces tecum signed by a judge of competent jurisdiction and issued pursuant to article six hundred ten of the criminal procedure law or a judge or magistrate of a federal court authorized to issue such a subpoena duces tecum under federal law, where the judge finds and the subpoena states that there is reasonable cause to believe such information is relevant and material to the prosecution, or the defense, or the investigation by an authorized law enforcement official, of the alleged commission of a misdemeanor or felony in this state or another state, provided, however, that if such offense was against the laws of another state, such judge or magistrate shall only issue such subpoena if the conduct comprising such offense would, if occurring in this state, constitute a misdemeanor or felony in this state; and (3) may, if lawfully obtained pursuant to this clause and clause (A) of this subparagraph and otherwise admissible, be used in such criminal action or proceeding. (b) If the city of New York establishes a demonstration program pursuant to subdivision (a) of this section, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, within a school speed zone in violation of subdivision (c) or during the times authorized pursuant to subdivision (a) of this section in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article, such vehicle was traveling at a speed of more than ten miles per hour above the posted speed limit in effect within such school speed zone, and such violation is evidenced by information obtained from a photo speed violation monitoring system; provided however that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. (c) For purposes of this section, the following terms shall have the following meanings: 1. "manual on uniform traffic control devices" or "MUTCD" shall mean the manual and specifications for a uniform system of traffic control devices maintained by the commissioner of transportation pursuant to section sixteen hundred eighty of this chapter; 2. "owner" shall have the meaning provided in article two-B of this chapter. 3. "photo speed violation monitoring system" shall mean a vehicle sensor installed to work in conjunction with a speed measuring device which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of each vehicle at the time it is used or operated in a school speed zone in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article in accordance with the provisions of this section; and 4. "school speed zone" shall mean a distance not to exceed one thousand three hundred twenty feet on a highway passing a school building, entrance or exit of a school abutting on the highway. (d) A certificate, sworn to or affirmed by a technician employed by the city of New York, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a photo speed violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall include at least two date and time stamped images of the rear of the motor vehicle that include the same stationary object near the motor vehicle and shall be available for inspection reasonably in advance of and at any proceeding to adjudicate the liability for such violation pursuant to this section. (e) An owner liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to a demonstration program established pursuant to this section shall be liable for monetary penalties in accordance with a schedule of fines and penalties to be promulgated by the parking violations bureau of the city of New York. The liability of the owner pursuant to this section shall not exceed fifty dollars for each violation; provided, however, that such parking violations bureau may provide for an additional penalty not in excess of twenty-five dollars for each violation for the failure to respond to a notice of liability within the prescribed time period. (f) An imposition of liability under the demonstration program established pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. (g) 1. A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section, within fourteen business days if such owner is a resident of this state and within forty-five business days if such owner is a non-resident. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein. 2. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation, the identification number of the camera which recorded the violation or other document locator number, at least two date and time stamped images of the rear of the motor vehicle that include the same stationary object near the motor vehicle, and the certificate charging the liability. 3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a prominent warning to advise the person charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. 4. The notice of liability shall be prepared and mailed by the city of New York, or by any other entity authorized by the city to prepare and mail such notice of liability. (h) Adjudication of the liability imposed upon owners of this section shall be by the New York city parking violations bureau. (i) If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle or the number plate or plates of such vehicle was reported to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section that the vehicle or the number plate or plates of such vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subdivision, it shall be sufficient that a certified copy of the police report on the stolen vehicle or number plate or plates of such vehicle be sent by first class mail to the New York city parking violations bureau, or by any other entity authorized by the city to prepare and mail such notice of liability. (j) Adjudication of the liability imposed upon owners of this section shall be by the New York city parking violations bureau. (k) 1. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision (g) of this section shall not be liable for the violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section, provided that: (i) prior to the violation, the lessor has filed with such parking violations bureau in accordance with the provisions of section two hundred thirty-nine of this chapter; and (ii) within thirty-seven days after receiving notice from such bureau of the date and time of a liability, together with the other information contained in the original notice of liability, the lessor submits to such bureau the correct name and address of the lessee of the vehicle identified in the notice of liability at the time of such violation, together with such other additional information contained in the rental, lease or other contract document, as may be reasonably required by such bureau pursuant to regulations that may be promulgated for such purpose. 2. Failure to comply with subparagraph (ii) of paragraph (a) of this subdivision shall render the owner liable for the penalty prescribed in this section. 3. Where the lessor complies with the provisions of paragraph (a) of this subdivision, the lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for purposes of this section, shall be subject to liability for such violation pursuant to this section and shall be sent a notice of liability pursuant to subdivision nine of this section. (l) 1. If the owner liable for a violation of subdivision (c) or (d) of section eleven hundred eighty of this article pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. 2. Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicle was operating such vehicle without the consent of the owner at the time such operator operated such vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. For purposes of this subdivision there shall be a presumption that the operator of such vehicle was operating such vehicle with the consent of the owner at the time of such operator operated such vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. (m) Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of subdivision (c) or (d) of section eleven hundred eighty of this article. (n) If the city adopts a demonstration program pursuant to subdivision one of this section it shall conduct a study and submit a report on the results of the use of photo devices to the governor, the temporary president of the senate and the speaker of the assembly. Such report shall include: 1. the locations where and dates when photo speed violation monitoring systems were used; 2. the aggregate number, type and severity of crashes, fatalities, injuries and property damage reported within all school speed zones within the city, to the extent the information is maintained by the department of motor vehicles of this state; 3. the aggregate number, type and severity of crashes, fatalities, injuries and property damage reported within school speed zones where photo speed violation monitoring systems were used, to the extent the information is maintained by the department of motor vehicles of this state; 4. the number of violations recorded within all school speed zones within the city, in the aggregate on a daily, weekly and monthly basis; 5. the number of violations recorded within each school speed zone where a photo speed violation monitoring system is used, in the aggregate on a daily, weekly and monthly basis; 6. the number of violations recorded within all school speed zones within the city that were: (i) more than ten but not more than twenty miles per hour over the posted speed limit; (ii) more than twenty but not more than thirty miles per hour over the posted speed limit; (iii) more than thirty but not more than forty miles per hour over the posted speed limit; and (iv) more than forty miles per hour over the posted speed limit; 7. the number of violations recorded within each school speed zone where a photo speed violation monitoring system is used that were: (i) more than ten but not more than twenty miles per hour over the posted speed limit; (ii) more than twenty but not more than thirty miles per hour over the posted speed limit; (iii) more than thirty but not more than forty miles per hour over the posted speed limit; and (iv) more than forty miles per hour over the posted speed limit; 8. the total number of notices of liability issued for violations recorded by such systems; 9. the number of fines and total amount of fines paid after the first notice of liability issued for violations recorded by such systems; 10. the number of violations adjudicated and the results of such adjudications including breakdowns of dispositions made for violations recorded by such systems; 11. the total amount of revenue realized by the city in connection with the program; 12. the expenses incurred by the city in connection with the program; and 13. the quality of the adjudication process and its results. (o) It shall be a defense to any prosecution for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section that such photo speed violation monitoring system was malfunctioning at the time of the alleged violation. * NB Repealed August 30, 2018 Search Word or Phrase Search

Brooklyn South TVB, Brooklyn North TVB, Bronx TVB, Staten Island TVB, Manhattan South TVB, Manhattan North TVB, Queens North TVB, Queens South TVB are the locations for the dreaded traffic violations bureau. In the TVB, there is no plea-bargaining, it is win or lose, all or nothing. Therefore it doesn’t work like a normal “court.” Here is how it works, and this is our approach: We show up first time, if cop is no show, we ask for dismissal, which they usually don’t agree to. If we show up 2nd time and cop is also no show, then they usually dismiss If we then show up 2nd time and cop shows up, we ask for new court date If we show up first time and cop is there, we ask for new date, which they usually agree to. Then if we show up 2nd time and cop is not there, we ask for dismissal, which they usually don’t agree to If cop shows up 2nd time, we get a new court date by posting a $40 refundable bail Finally it comes to either Cop doesn’t show and ticket is dismissed Cop does show and there is a trial If cop loses his notes and shows up without then, then we win If cop makes mistakes or contradicts himself, then we win. If cop testifies perfectly, and has his notes, even if he is lying, then we usually lose, because, of course, there is no plea bargaining.  

Upstate NY Tickets

The New York States Police are very busy on the Thruway giving speeding tickets, failure to yield to emergency vehicles, failure to signal, child seatbelt tickets. we handle Albany County traffic tickets, Allegany County speeding violations, Bronx County speeding violations, Broome County speeding violations, Cattaraugus County aggravated unlicensed driver, Cayuga County speeding violations, Chautauqua County aggravated unlicensed driver, Chemung County speeding violations, Chenango County aggravated unlicensed driver, Clinton County speeding violations, Columbia County speeding violations, Cortland County aggravated unlicensed driver, Delaware County aggravated unlicensed driver, Dutchess County speeding violations, Erie County speeding violations, Essex County aggravated unlicensed driver, Franklin County speeding violations, Fulton County aggravated unlicensed driver, Genesee County speeding violations, Greene County aggravated unlicensed driver, Hamilton County aggravated unlicensed driver, Herkimer County aggravated unlicensed driver, Jefferson County aggravated unlicensed driver, Kings County (Brooklyn) traffic violations, Lewis County traffic violations, Livingston County drunk driving, Madison County aggravated unlicensed driver, Monroe County aggravated unlicensed driver, Montgomery County aggravated unlicensed driver, Nassau County aggravated unlicensed driver, New York County (Manhattan) aggravated unlicensed driver, Niagara County traffic tickets, Oneida County traffic tickets, Onondaga County traffic tickets, Ontario County traffic tickets, Orange County traffic tickets, Orleans County traffic tickets, Oswego County traffic tickets, Otsego County Traffic violations, Putnam County speeding violations, Queens County traffic violations, Rensselaer County traffic violations, Richmond County (Staten Island) traffic violations, Rockland County speeding tickets, Saint Lawrence County speeding tickets, Saratoga County speeding tickets, Schenectady County speeding tickets, Schoharie County speeding tickets, Schuyler County speeding tickets, Seneca County speeding tickets, Steuben County speeding tickets, Suffolk County speeding tickets, Sullivan County child seatbelt tickets, Tioga County reckless driving tickets, Tompkins County Speeding violations, Ulster County cell phone tickets, Warren County cell phone tickets, Washington County cell phone tickets, Wayne County cell phone tickets, Westchester County cell phone tickets, Wyoming County Violations of traffic law, not to mention Yates County Speeding summons.