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?
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).
- 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.
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.
The short answer is no. The police do not get a printout from the radar or laser gun and are not required to give you a receipt other than the ticket that was issued. In addition, the police are not required to show you the radar or laser gun. Even the new, more liberal discovery laws do not require that the police provide anything on the side of the road.
Under the new discover laws found in New York Criminal Procedure Law Article 245 the calibration records of the radar or laser gun are discoverable. Some upstate New York Counties are even putting the calibration records on google drives online so that they can comply with the new discovery rules. These laws are not in effect for New York City Traffic Tickets which are handled in an administrative proceeding in the New York Traffic Violations Bureau (TVB).