Speeding Ticket Defense Attorney in Buffalo, New York

Few among us can say we’ve never received a single traffic ticket. This may be for something as minor as a parking ticket for not paying a meter, an equipment citation for a taillight that was out, or it could be a speeding ticket. When these happen infrequently, all we can do is try to learn from our mistakes and move on. However, there are some circumstances when the penalties for a traffic violation like a speeding ticket should be taken more seriously.  

If you’d like to speak with a speeding ticket attorney who can educate you on the potential consequences and what you can do about them, call Michael Kuzma, Attorney at Law. From my office in Buffalo, New York, I’m licensed to represent clients throughout the State of New York. Call me today to learn more. 

Speeding Tickets  

We all know what it means to speed when you’re driving, but few of us really understand how state law defines what “speeding” is. The language of the state statute reads as follows:  

“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.” 

Notice that this says nothing about how many miles per hour over the posted speed limit people are permitted to drive before they can be pulled over for speeding. Because of this, there can be some ambiguity and confusion about what is “reasonable and prudent.” What feels like safe driving under one set of conditions, may not feel safe in another. For example, if it’s a sunny summer day with good visibility, it may be safe to be driving 50 mph. However, if you’re driving on the same road at night in the middle of winter, 50 mph would be an unsafe speed. 

All this said, there are also posted speed limits that should never be exceeded in any conditions. If you are caught driving faster than the posted speed limit (which in New York generally doesn’t exceed 65 mph), you may be issued a speeding ticket. 

Understanding the Point System  

Another important component of understanding how a speeding ticket can negatively affect you is the point system in New York. Our state, like many across the country, tracks driving records using a system of points. In general, the more points someone accumulates, the higher the fines and penalties they’ll end up facing. Therefore, if you’re in danger of collecting too many points, it’s crucial to hire a criminal defense attorney for help fighting a traffic violation. 

For every traffic violation conviction, a set number of points will be added to your driving record and this will depend on the nature of the violation. Note that simply being charged will not automatically add points which is why it’s important to fight these right away. Some common traffic offenses and the points that are associated with them include: 

• Speeding 1-10 miles over the limit: 3 points 

• Speeding 11-20 miles over the limit: 4 points 

• Speeding 21-30 miles over the limit: 6 points 

• Running a red light: 3 points 

• Failure to signal a turn: 2 points 

• Improper cell phone use: 5 points 

Drivers who accumulate 11 points within an 18-month period are in danger of having their license suspended. 

Possible Penalties for Speeding Tickets 

The penalties you may face for receiving too many speeding tickets will depend on your specific circumstances. Factors like how many miles over the posted speed limit you were traveling, how many tickets you’ve received in the past, how often you receive speeding tickets, or the area you were caught speeding (for example speeding in a school zone will carry stiffer penalties) can all affect what punishments you’ll receive. These penalties could include: 

• license suspension or revocation 

• fines 

• jail time 

• mandatory completion of a Point and Insurance Reduction Program (PIRP) 

• increase in insurance premiums 

Fighting a Speeding Ticket  

You might be tempted to simply accept your speeding ticket and move on, but in many instances, you have a solid chance of contesting it in court and reducing the number of points on your license. An experienced attorney can be an invaluable asset in this regard, and hiring one will afford you the best opportunity to challenge the ticket. By closely examining the available evidence, you and your attorney can craft a personalized defense strategy that may involve any of these arguments:  

• Your speeding was justified by an emergency. 

• The speedometer in your vehicle was not properly calibrated, making you unaware of your speeding. 

• The arresting officer made a mistake or their radar reading was incorrect 

• You were merely following the flow of traffic, which seemed to be the safest option at the time. 

If you have recently received a speeding ticket, do not face this alone. You deserve to explore and understand your options for contesting it.