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Speeding Ticket in a School Zone: Defenses and Consequences You Need to Know

Michael Kuzma Attorney at Law June 20, 2025

School zone sign and electronic sign that displays your speedGetting a speeding ticket in a school zone is no small matter. As an experienced Buffalo, NY traffic lawyer, I’ve seen the serious consequences clients can face when they’re cited for speeding in a school zone.

Not only are school zones highly sensitive areas due to the potential risks posed to children, but the penalties for speeding in these areas can be severe, especially if you’re caught exceeding the limit by a significant margin. If you’ve been ticketed in a school zone, don’t panic—you do have options.

In my years of practicing law, I’ve helped countless individuals fight their speeding tickets. There are ways to defend yourself, and understanding these defenses—and the potential consequences—is essential.

What Are the Penalties for Speeding in a School Zone?

School zones are marked by special speed limits designed to protect children. Typically, the speed limit in a school zone is much lower than in other areas, often ranging from 15 to 25 miles per hour. The law takes violations in these areas seriously, and the penalties for speeding in a school zone can be severe. Here’s what you need to know about the consequences:

  • Fines: The fines for speeding in a school zone can be steep. Depending on how much over the speed limit you were traveling, the fines can range from $90 to $300 or more. Keep in mind that the exact fine varies depending on the specifics of your case.

  • Points on your license: In New York State, depending on the speed, a school zone ticket will add 3 or more points to your driving record. Accumulating too many points may lead to a suspended license. If you’re already near the limit of points allowed by the state, this could seriously impact your ability to drive.

  • Insurance rate increase:  A speeding ticket can lead to a significant increase in your insurance premiums. Insurance companies view speeding violations, especially in school zones, as an indicator of risky driving behavior. This means higher rates for years to come.

  • Jail time:  Though jail time is rarely imposed for a school zone speeding violation, it’s possible in cases of extreme speed or if the driver has multiple prior violations.

Common Defenses for a Speeding Ticket in a School Zone

It’s important to understand that just because you were issued a ticket doesn’t mean you have to simply accept it. There are several potential defenses that could help you get your ticket reduced or dismissed.

  • The speed limit signs were unclear or missing: One of the most common defenses is that the speed limit signs in the school zone were either unclear, improperly placed, or missing altogether. If the school zone wasn’t clearly marked or if the speed limit signs were hard to see, you may be able to have the ticket dismissed.

  • You weren’t speeding: This may seem obvious, but it’s worth mentioning: sometimes drivers are wrongly ticketed. If you can demonstrate that you weren’t speeding at the time you were ticketed, this could lead to a dismissal. A traffic law attorney can help investigate this defense by looking into the radar gun or speed detection methods used to issue the ticket.

  • You were not in the school zone during restricted hours: School zone speed limits typically only apply during certain hours, such as when children are arriving or leaving school. If you were ticketed outside of these restricted hours, you may have a valid defense. Make sure to double-check the time the ticket was issued to see if it falls within the designated school zone hours.

  • Emergency situation: If you were speeding because of an emergency situation, such as needing to get to a hospital or avoiding an immediate threat, this could be a valid defense. However, you must be able to prove that the emergency was legitimate, and this is a harder defense to prove in court.

  • Radar gun or speed camera malfunction: Sometimes, the equipment used to measure your speed may not have been functioning properly. If the radar gun or speed camera was improperly calibrated, or if the officer didn’t follow the proper procedure when using the equipment, your case may be weakened.

What Happens If You Don’t Fight Your Speeding Ticket?

If you choose not to contest your speeding ticket, you’ll likely face the penalties associated with the violation. These penalties can add up quickly, including fines, surcharges, points on your license, and the potential for increased insurance rates. But the consequences don’t stop there:

  • Increased likelihood of a suspended license: If you accumulate enough points on your driving record, you could face a suspension of your driver’s license. This means you would be unable to legally drive for a specified period, which could affect your job, daily routines, and more.

  • Increased insurance premiums: Insurance companies consider drivers who receive speeding tickets to be higher risk, which often leads to increased premiums. If you get ticketed in a school zone, this could have a lasting impact on your insurance rates.

  • Permanent record: A speeding ticket, especially in a school zone, becomes part of your driving record. This means that if you accumulate multiple violations, your history of traffic law violations will be scrutinized.

Can You Fight Your Speeding Ticket?

Yes, you can fight your speeding ticket. In New York, you have the right to dispute any traffic violation, and doing so may result in reduced fines, fewer points on your record, or even a dismissal of the ticket altogether. Here are a few steps to take when contesting your speeding ticket:

  1. Request a hearing: You can request a hearing to contest the ticket. When you request a hearing, you’ll be given the opportunity to present your case in front of a judge or hearing officer. You can argue your defense, provide evidence, and cross-examine any witnesses.

  2. Gather evidence: The more evidence you have, the better your chances of winning the case. This can include photographs of the speed limit signs, witness statements, or evidence of a malfunctioning radar gun.

  3. Consult with a traffic law attorney: Having an experienced traffic law attorney on your side can significantly improve your chances of success in court. An attorney will know the ins and outs of traffic law and will be able to help you prepare the best possible defense.

  4. Consider plea bargaining: If you’re not confident that you can win in court, you may be able to negotiate a plea bargain with the prosecutor. In some cases, this could result in reduced penalties, fewer points, or even a dismissal of the charge.

What to Expect at Your Traffic Ticket Hearing

If you decide to contest your speeding ticket in a school zone, you will likely go to a hearing where both you and the police officer who issued the ticket will present your sides of the story. The judge or hearing officer will make a ruling based on the evidence and testimony presented. At your hearing, you should be prepared to present:

  • Your side of the story: Be clear about why you believe you were not in violation of the law.

  • Any evidence: Bring along any relevant evidence, such as photos of the scene, radar gun calibration records, or witness statements.

  • A calm and respectful demeanor: Remember to stay calm and respectful during the hearing. Making your case in a professional manner is important for your defense.

Reach Out to an Attorney

If you’ve received a speeding ticket in a school zone, don’t wait to act. At Michael Kuzma Attorney at Law, I’ve helped many clients successfully fight their speeding tickets. If you’ve been ticketed in a school zone, reach out today to schedule a consultation and take the first step toward protecting your rights.