Are Speeding Tickets Misdemeanors?
Jan. 6, 2025
Speeding, or exceeding the posted speed limit, is typically not considered a misdemeanor in New York. However, it's crucial to grasp the nuances of New York's traffic laws and the conditions under which speeding can become a more serious offense that may involve criminal charges.
As a speeding ticket defense lawyer in Buffalo, New York, I'm dedicated to protecting your rights on the road and defending you in court. Here's what you need to know from me, Attorney Michael Kuzma, if you're caught speeding.
Speeding Violations in New York
In New York, the state's traffic laws are primarily governed by the Vehicle and Traffic Law (VTL). Speeding violations in New York are considered infractions or violations, not criminal offenses.
A speeding violation occurs when a driver exceeds the maximum speed limit set on the road they're traveling. New York State has clearly defined speed limits, with a maximum speed limit of 55 miles per hour (mph) on most highways unless otherwise posted.
In New York City, the speed limits are generally lower. For example, the speed limit on most city streets is 25 mph unless posted otherwise. There are also specific limits in place for areas near schools, construction zones, and residential areas, where the law aims to protect pedestrians and other vulnerable road users.
When drivers exceed these posted limits, they're subject to penalties, which may include fines, points on their driver’s license, and in some cases, suspension or revocation of their license.
Speeding tickets are typically issued as traffic violations and aren't classified as criminal offenses. This means that the penalty for speeding generally involves a fine and potentially points on a driver’s license, but it doesn't lead to a criminal record.
Drivers who receive speeding tickets for minor violations may pay their fines and move on, without facing the consequences that come with a criminal conviction. While most speeding tickets in New York are issued for minor violations, there are varying degrees of speeding. Reach out to a speeding ticket defense lawyer for more information.
Types of Speeding Violations
The penalties for speeding depend on how fast the driver was going over the limit and where the violation occurred. Some types of speeding violations include:
Ordinary Speeding Violations
The most common type of speeding violation occurs when a driver exceeds the posted speed limit but doesn't do so excessively. For example, if the speed limit is 55 mph, and the driver is going 65 mph, they’d be considered in violation of the law, but the offense would generally be classified as a non-criminal traffic violation.
Penalties for ordinary speeding violations may include:
Fines: Fines for speeding vary based on how much the driver exceeds the speed limit and the area where the offense occurs. In New York, fines for speeding violations may range from $45 to $600, depending on the extent of the violation.
Points on driver’s license: Speeding violations also add points to a driver’s license. For example, exceeding the speed limit by 1 to 10 mph adds 3 points to the license, while speeding by 11 to 20 mph adds 4 points, and so on. Accumulating 11 or more points on a driver’s license within 24 months can lead to a suspension of the license.
Insurance consequences: Insurance companies may raise premiums for drivers who accumulate points on their licenses, leading to higher insurance costs.
Additionally, there are specific areas where speeding violations are treated more severely due to the increased risk to public safety.
Aggravated Speeding Violations (Speeding in Certain Zones)
Speeding in school zones, construction zones, or other designated areas may lead to more severe penalties, including higher fines and greater points on a driver’s license. If you were caught speeding in the following areas, it may be worth speaking to a speeding ticket defense lawyer:
School zones: The law mandates slower speeds near schools, and fines for speeding in these zones are typically higher. In New York, fines for speeding in school zones can range from $50 to $1,000, depending on how fast the driver is exceeding the speed limit.
Construction zones: Construction zones are another area where the law takes speeding violations seriously. Fines for speeding in a construction zone can be significantly higher than regular speeding tickets, and drivers may face fines ranging from $100 to $1,000.
Higher fines for excessive speeding: If the driver is caught going excessively over the limit, the fine may increase. For instance, drivers exceeding the speed limit by 40 mph or more may face fines ranging from $180 to $600.
Reckless driving, which can involve excessive speeding, is a more serious offense in New York. Reach out to a speeding ticket defense lawyer to help protect your rights.
Reckless Driving
Reckless driving is defined as operating a vehicle with a willful disregard for the safety of people and property. In New York, reckless driving is classified as a misdemeanor, and it can result in criminal penalties. However, reckless driving charges are different from a standard speeding violation.
To be charged with reckless driving, the driver must engage in conduct that poses a significant risk of harm to others. This could involve excessive speeding, but it also includes other dangerous driving behaviors, such as tailgating, ignoring traffic signals, or weaving in and out of traffic.
Some penalties for reckless driving include:
Fines: The fines for reckless driving in New York may range from $100 to $300.
Jail time: In some cases, drivers convicted of reckless driving may face up to 30 days in jail.
License suspension: A conviction for reckless driving may lead to a license suspension of up to six months.
Criminal record: Reckless driving is a criminal offense and can result in a permanent criminal record, which may affect employment, insurance rates, and travel.
While reckless driving is a misdemeanor and involves more severe penalties, it's important to note that not all speeding offenses are classified as misdemeanors in New York.
Misdemeanors vs. Infractions in New York
In New York, criminal offenses are divided into felonies, misdemeanors, and violations. Misdemeanors are criminal offenses that carry potential penalties such as fines, probation, and jail time. In contrast, violations are non-criminal offenses that generally carry fines or penalties but don't result in criminal convictions or jail time.
Speeding tickets are generally classified as violations, not misdemeanors. A violation doesn't result in a criminal record and doesn't carry jail time.
The most severe consequence of a speeding ticket is usually a fine and points added to the driver’s license, which can lead to increased insurance rates or the suspension of the license if a driver accumulates too many points.
However, reckless driving or aggravated speeding violations (such as excessive speeding in school or construction zones) could result in misdemeanor charges.
These offenses carry criminal penalties, including fines, jail time, and a criminal record. Because of this, while speeding itself is usually not a misdemeanor, certain circumstances can elevate the offense to the level of a criminal charge. Be sure to reach out to an experienced speeding ticket defense lawyer in this case.
The Impact of Speeding Violations on Insurance
Even if speeding violations aren't classified as misdemeanors in New York, they can still have significant consequences on a driver's insurance premiums.
Insurance companies use the number of points on a driver's license to determine the risk associated with insuring that person. The more points a driver accumulates, the higher their insurance premiums will be.
For instance, a driver who receives multiple speeding tickets or has a history of traffic violations may see a sharp increase in their insurance rates. In some cases, a driver could even have their insurance policy canceled if they accumulate too many points or engage in reckless driving behaviors.
What Happens If You Receive a Speeding Ticket in New York?
If you receive a speeding ticket in New York, you have several options. You can choose to pay the fine, contest the ticket in court, or negotiate with the prosecutor to reduce the charge.
Contesting the ticket involves appearing in court and presenting your case to a judge, while negotiating may involve reaching a plea agreement that results in a reduced fine or fewer points on your license.
If you don't contest the ticket and simply pay the fine, you'll typically receive points on your driver's license. If you accumulate 11 or more points within 24 months, your driver's license may be suspended. You may also face increased insurance rates due to the points on your record.
While speeding is generally not considered a misdemeanor in New York, the legal consequences can still be significant, particularly if the violation is considered aggravated or reckless. It may be in your best interest to reach out to an experienced speeding ticket lawyer.
Contact a Speeding Ticket Defense Lawyer Today
If you've received a speeding ticket and you're concerned about it escalating, don't hesitate to reach out to me, Michael Kuzma, Attorney at Law. As a speeding ticket defense lawyer, I serve clients who are facing traffic charges in New York State. Contact me today to schedule a consultation.