Welcome to the Law Office of David Galison, P.C. Law Blog
Welcome to galisonlaw.com law blog. Our mission: to scour the universe for compelling stories in several related areas: DWI law, criminal law and and traffic law. Current changes in these laws offer broad interpretations, encompassing such recent news as the Leandra’s Law, and Jack Shea's law which eases restrictions on collecting blood in intoxication cases. We’ll write about industry news and legal trends, with a sprinkle of good old-fashioned gossip.
We’ll link to the best coverage of law and lawyers from around the Web, report some news of our own and look to you for contributions. We heartily invite your comments, tips and insights.
Along with my ruminations, this blog will include bits and bites from articles in the the New York Law Journal and Legal Newswires. Email me at david@galisonlaw.com.
The Law Office of David Galison, P.C., handles all
Criminal, Traffic Ticket and Personal Injury cases in Nassau, Suffolk and
Queens Counties, New York. The Office at 1539 Franklin Ave in Mineola, is
conveniently located within walking distance of the Long Island Railroad, the
Nassau County Legislative Building, the Nassau County Police Headquarters, and
the Nassau County Criminal Courthouse.
The Galison Law Application provides individuals
with information about the Law Office of David Galison, P.C., and much, much
more. It provides links to the David Galison, P.C., social media pages, such
as: Twitter, Facebook and Linkedin.
The Galison Law Application provides one button
access to a Lawyer in case of emergency in addition to a page about your
Miranda Rights.
There is a map function to guide you to the office
and an email link to request assistance or setup an appointment.
Important links are provided to sites such as the
New York State Department of Motor Vehicles, WebCrims, Laws of the State of New
York and of course the David Galison, P.C. websites.
Videos are pictures are uploaded monthly that cover
topics from both the New York State Vehicle and Traffic Law and the New York
State Penal Law.
Lastly, QR Codes give your friends the ability to
scan your phone and immediately add David Galison, P.C., contact information to
their smartphones.
The office handles all criminal and traffic ticket matters.
I have recently been asked why I do not post testimonials on my websites. The simple answer is that there are some testimonials posted but they are not so easy to find. So here is a link for anyone who is interested - David Galison, P.C. Testimonials on GalisonLaw.com. The linked to testimonials deal with criminal matters, DWI, traffic tickets and family law cases.
As you know at the Law Office of David Galison, P.C., traffic ticket defense and criminal defense are taken extremely seriously. Below are some recent testimonials from clients that had traffic violations in Nassau County, New York.
Thank you Mr. Galison, you did an outstanding job representing me with my traffic ticket, I can't thank you enough for the time and trouble you saved me, not to mention the money. Again, thank you very much.
Just wanted to thank you guys a lot. I was in shock when I heard zero points...
Even the Judge after reading what the infraction was said "Boy you got some great lawyers"
LOL LOL
Well I just wanted to write and thank you so much for all your efforts. Of course I will do everything I can to promote you guys because no question you're the best.
Wow! I am absolutely thrilled with the outcome. Thank you so much for resolving this....
Thank you again for getting these knocked down....
Once again, thank you very much and enjoy your weekend. If I ever see you in Long Beach, drinks are on me. LOL
Thanks again! What a great outcome. Feel free to use this or my original comment from my earlier email.
I had four tickets from a single traffic incident. Had I not been represented by David, my license would have been suspended and the cost of my insurance would have gone through the roof. He did a terrific job and was a pleasure to work with.
Every case is different with it's own peculiar set of facts and circumstances. In both criminal and quasi criminal cases there is no guarantee as to what the end result will be. The testimonials above are listed for informative purposes only and in no way guarantee that a similar result will be achieved in your specific case. At the Law Office of David Galison, P.C., we strive to achieve the best possible result in each and every case and to treat each client with professionalism and respect.
At the Law Office of David Galison, P.C., we handle all Nassau County traffic tickets and criminal cases from speeding tickets and stop sign violations to DWI and drug sale and possession. I personally meet with every client, and answer every call. I look forward to assisting you.
Call the Law Office of David Galison, P.C., at 516-242-4477 today to setup a Free Consultation.
Thank you
for visiting the webpage of David Galison, P.C.. This page will explain the
various sections of the New York State Vehicle and Traffic Law under Article 30
Speed Restrictions. For the remainder of this page the New York State Vehicle
and Traffic Law will be abbreviated as follows - NYS VTL. If you have questions
please feel free to call DAVID GALISON, P.C., for a FREE CONSULTATION 516-242-4477.
Article 30
of the NYS VTL, §1180 is titled "Speed Restrictions" and it outlines
the various speeding offenses that can be committed. There are seven
subsections to §1180 of the VTL; 1180(a), 1180(b), 1180(c), 1180(d), 1180(e),
1180(f) and 1180(g). If you are stopped by a police officer in Nassau, Suffolk,
Queens or any other county throughout the state of New York and receive a
speeding ticket, it will be charged under one of the above sections. Each of
the speeding subsections (a) through (g) will be explained in detail below. As
will section §1181, Driving too Slowly and section §1182, Speed Contest. The explanations
will include point, fine, surcharges and possible jail sentences.
Before we
go into the specifics of each subsection to section §1180 of the NYS VTL there
are some general rules that every motorist should know.
The
"Three Speeds Rule" provides that if a motorist is convicted of any
three traffic citations under section 1180 within an eighteen (18) month period
of time the Court must REVOKE your license pursuant to Section §510.2(iv) of
the NYS VTL. Section §510.2(iv) is titled Suspension, revocation and reissuance
of licenses and registrations. Under this provision the revocation of your
driver's license is mandatory. Therefore, if a motorist were to receive and be
convicted of three traffic tickets within any 18 month period of time under any
sections of §1180 his or her license must be revoked. Even if the Judge or
Hearing Examiner did not want to impose a revocation based upon a third
conviction they would have absolutely no choice. To sum it up, the first rule
is: Three (3) speeding ticket convictions within any eighteen (18) month period
of time = mandatory revocation of your drivers license.
Another
rule that every motorist who operates a vehicle in New York should know is that
all moving violations will result in points on your license if you are
convicted for the violation alleged. Excessive points can result in the
suspension or revocation of your New York State Driver's License and/or your
New York State driving privileges and Driver’s Responsibility Act liability.
The suspension under the excessive points rule is for motorist who are
considered persistent violators. The NYS DMV will generally issue a suspension
when a motorist receives more then ten points on his or her driving record
within any eighteen (18) month
period of time. A motorist who is notified about an upcoming suspension that is
permissive has the right to request a hearing so that they may be heard under
NYS VTL §510.3(a).
The chart
below outlines the points associated with all speed dependent violations of
section §1180; ie – sections where the actual speed of the motorists affects
the fine and also the points.
Mile Per
Hour Over Speed Limit
NYS DMV
Points Assessed
1 through
10
3
11
through 20
4
21
through 30
6
31
through 40
8
41 and up
11
The Driver
Responsibility Assessment Act is a program that applies to all drivers who
operate or who operated a motor vehicle in the State of New York. Essentially
the Act punishes a motorist who has too many points on his or her license by
assessing a yearly fine for the excessive points. This yearly fine lasts for
three (3) years and is in addition to any fines, fees, penalties, or surcharges
that are paid for the ticket itself. The Assessment is triggered when a
motorist receives 6 or more points on his or her license within any eighteen
(18) month period of time. The initial fine on the first six (6) points is ONE
HUNDRED DOLLARS ($100.00) per year for three years, and an additional twenty
five dollars ($25.00) for each point over six (6) for that same time period. Failure to pay the assessment will
result in the suspension of your New York State driving privilege
§1180(a)
§1180(a) -
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.
This
subsection deals with situations where a motorist can be given a ticket even
though he or she is not driving above the posted speed limit. How can a police
officer issue a summons for speeding when the driver is not exceeding the limit
you ask? Well, did you ever drive down the road in a snow storm and witness an
SUV passing you at 40 miles per hour despite the fact that you could barely see
past your windshield and your own speed was only 15 mile per hour. Under those
circumstances an officer would be totally justified in issuing a speeding
summons for operating a vehicle at a speed that is greater than reasonable and
prudent under the conditions at the time.
FINES:
The fine
for a violation of this section for a first offense ranges from $45.00 to
$150.00.
The fine
for a second violation of this section within any 18 month period of time
ranges from $45.00 to $300.00.
The fine
for a third violation of this section within any 18 month period of time ranges
from $45.00 to $525.00.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
POINTS:
A
conviction for a violation of 1180(a) Unreasonable Speed, will result in 3
points being added to your New York State Driving record.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible.
For a first
conviction the maximum jail sentence is 15 days incarceration.
For a
second conviction the maximum jail sentence is 30 days incarceration.
For a third
conviction the maximum jail sentence is 30 days incarceration.
§1180(b)
1180(b) -
Speeding in excess of 55 miles per hour.
This
subsection deals with speeding in excess of the statewide speed limit of 55
miles per hour. Unless a roadway has an established posted speed limit in
excess of 55 miles per hour, (like certain portions of the NYS Thruway) a
motorist may not exceed 55 miles per hour. This section of §1180 is taken so
seriously by the New York State Department of Motor Vehicles that it is
referenced under section §510(a)(4).
What is
section §510(a)(4) you ask? Well, if you have a CDL otherwise known as a
commercial driver's license then Section §510(a)(4) is something you should
know about. This section of the NYS VTL lists the infractions that are
considered a SERIOUS TRAFFIC VIOLATION. Why is it important to know what a
SERIOUS TRAFFIC VIOLATION is? Because, if you are convicted of two SERIOUS
TRAFFIC VIOLATIONS within any three (3) year period your CDL license will be
suspended for a period of sixty (60) days. And if you catch a third SERIOUS
TRAFFIC VIOLATION within that same time period you can double the suspension to
one hundred twenty days (120).
FINES.
The fine
for a violation of this section depends upon how many miles over the posted
speed limit you were convicted of traveling, and if you have been previously
convicted of the same offense.
If your
speed is between 1 and 10 MPH over the limit the fine ranges from $45.00 to
$150.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $90.00 to $300.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $180.00 to $600.00.
If this is
a second offense under section §1180(b) then the fine goes up. If your speed is
between 1 and 10 MPH over the limit the fine ranges from $45.00 to $300.00. If
your speed is between 11 and 30 MPH over the speed limit the fine ranges from
$90.00 to $450.00. And if your speed is more than 30 MPH over the speed limit
the fine ranges from $180.00 to $750.00.
If this is
a third offense under section §1180(b) then the fine goes up yet again. If your
speed is between 1 and 10 MPH over the limit the fine ranges from $45.00 to
$525.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $90.00 to $675.00. And if your speed is more then 30 MPH over the
speed limit the fine ranges from $180.00 to $975.00.
Surcharges:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
POINTS:
Exceeding
the speed limit by 1 to 10 miles per hour will result in 3 points being added
to your license. 11 to 20 MPH over the speed limit will result in 4 points
being added to your license. 21 to 30 MPH over the speed limit will result in 6
points being added to your license. 31 to 40 MPH over the speed limit will
result in 8 points being added to your license. And 41 MPH and over will result
in 11 points being added to your license.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by the speed of the vehicle and prior convictions.
Speed 1 through
10 MPH over the speed limit, for a first conviction the maximum jail sentence
is 0 days incarceration. For a second conviction the maximum jail sentence is 0
days incarceration. For a third conviction the maximum jail sentence is 0 days
incarceration.
Speed 11
through 30 MPH over the speed limit, for a first conviction the maximum jail
sentence is 15 days incarceration. For a second conviction the maximum jail
sentence is 30 days incarceration. For a third conviction the maximum jail
sentence is 30 days incarceration.
Speed over
30 MPH over the speed limit, for a first conviction the maximum jail sentence
is 30 days incarceration. For a second conviction the maximum jail sentence is
30 days incarceration. For a third conviction the maximum jail sentence is 30
days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1180(c)
§1180(c) –
Speeding Ticket in a School Zone.
This
section of §1180 is somewhat self-explanatory, but there is a catch. What’s the
catch? The catch is that depending upon the day and time of the traffic
infraction the fine doubles (See below). So if you are issued a speeding ticket
in a school zone, on a date in which school is in session, between the hours of
7 AM and 6 PM, your fines will be doubled. However, the good thing is that your
points are not doubled. If you possess a commercial driver’s license a
conviction to this section of §1180 is considered a SERIOUS TRAFFIC VIOLATION.
For an explanation of what a SERIOUS TRAFFIC VIOLATION is please read the
information above under section §1180(b).
FINES.
The fine
for a violation of this section depends upon how many miles over the posted
speed limit you were convicted of traveling and whether or not it is a school
day during school hours, and if you have been previously convicted of the same
offense.
If the
ticket was issued after school hours or on a date when school is not in session
then the fine schedule below applies.
If your
speed is between 1 and 10 MPH over the limit the fine ranges from $45.00 to
$150.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $90 to $300.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $180.00 to $600.00.
If this is
a second offense under section §1180(b) then the fine goes up. If your speed is
between 1 and 10 MPH over the limit the fine ranges from $45.00 to $300.00. If
your speed is between 11 and 30 MPH over the speed limit the fine ranges from
$90.00 to $450.00. And if your speed is more then 30 MPH over the speed limit
the fine ranges from $180.00 to $750.00.
If this is
a third offense under section §1180(b) then the fine goes up yet again. If your
speed is between 1 and 10 MPH over the limit the fine ranges from $45.00 to
$525.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $90.00 to $675.00. And if your speed is more then 30 MPH over the
speed limit the fine ranges from $180.00 to $975.00.
If the
ticket was issued during school hours on a date when school is was in session
then the fine schedule below applies.
If your
speed is between 1 and 10 MPH over the limit the fine ranges from $90.00 to
$300.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $180.00 to $600.00. And if your speed is more then 30 MPH over the
speed limit the fine ranges from $360.00 to $1,200.00.
If this is
a second offense under section §1180(b) then the fine goes up. If your speed is
between 1 and 10 MPH over the limit the fine ranges from $60.00 to $450.00. If
your speed is between 11 and 30 MPH over the speed limit the fine ranges from $120.00
to $750.00. And if your speed is more than 30 MPH over the speed limit the fine
ranges from $240.00 to $1,350.00.
If this is
a third offense under section §1180(b) then the fine goes up yet again. If your
speed is between 1 and 10 MPH over the limit the fine ranges from $60.00 to $675.00.
If your speed is between 11 and 30 MPH over the speed limit the fine ranges
from $120.00 to $975.00. And if your speed is more then 30 MPH over the speed
limit the fine ranges from $240.00 to $1,575.00.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by the speed of the vehicle and prior convictions.
Speed 1
through 10 MPH over the speed limit, for a first conviction the maximum jail
sentence is 0 days incarceration. For a second conviction the maximum jail
sentence is 0 days incarceration. For a third conviction the maximum jail
sentence is 0 days incarceration.
Speed 11
through 30 MPH over the speed limit, for a first conviction the maximum jail
sentence is 15 days incarceration. For a second conviction the maximum jail
sentence is 30 days incarceration. For a third conviction the maximum jail
sentence is 30 days incarceration.
Speed over
30 MPH over the speed limit, for a first conviction the maximum jail sentence
is 30 days incarceration. For a second conviction the maximum jail sentence is
30 days incarceration. For a third conviction the maximum jail sentence is 30
days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1180(d)
§1180(d)(1)
– Speed in excess of maximum speed limits, Exceeding Posted Speed Limit
This
section of §1180 deals with driving above the posted speed limit. This is your
general running around town speeding ticket. The kind of ticket where your
going to your local store on a public roadway and you see a sign that says
speed limit 40 mph and you disregard it and drive 52 MPH so that you can keep
up with traffic. If you possess a commercial driver’s license a conviction to
this section of §1180 is considered a SERIOUS TRAFFIC VIOLATION. For an
explanation of what a SERIOUS TRAFFIC VIOLATION is please read the information
above under section §1180(b).
FINES
The fine
for a violation of this section depends upon how many miles over the posted
speed limit you were convicted of traveling, and if you have been previously
convicted of the same offense.
If your
speed is between 1 and 10 MPH over the posted speed limit the fine ranges from
$45.00 to $150.00. If your speed is between 11 and 30 MPH over the speed limit
the fine ranges from $90 to $300.00. And if your speed is more then 30 MPH over
the speed limit the fine ranges from $180.00 to $600.00.
If this is
a second offense under section §1180(b) then the fine goes up. If your speed is
between 1 and 10 MPH over the limit the fine ranges from $90.00 to $300.00. If
your speed is between 11 and 30 MPH over the speed limit the fine ranges from
$90.00 to $450.00. And if your speed is more then 30 MPH over the speed limit
the fine ranges from $180.00 to $750.00.
If this is
a third offense under section §1180(b) then the fine goes up yet again. If your
speed is between 1 and 10 MPH over the limit the fine ranges from $45.00 to
$525.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $90.00 to $675.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $180.00 to $975.00.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by the speed of the vehicle and prior convictions.
Speed 1
through 10 MPH over the speed limit, for a first conviction the maximum jail sentence
is 0 days incarceration. For a second conviction the maximum jail sentence is 0
days incarceration. For a third conviction the maximum jail sentence is 0 days
incarceration.
Speed 11
through 30 MPH over the speed limit, for a first conviction the maximum jail
sentence is 15 days incarceration. For a second conviction the maximum jail
sentence is 30 days incarceration. For a third conviction the maximum jail
sentence is 30 days incarceration.
Speed over
30 MPH over the speed limit, for a first conviction the maximum jail sentence
is 30 days incarceration. For a second conviction the maximum jail sentence is
30 days incarceration. For a third conviction the maximum jail sentence is 30
days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1180(e)
§1180(e) –
Failure to Reduce Speed
This
section of §1180 of the New York State Vehicle and Traffic Law is similar to
section §1180(a) but it is different. Section §1180(a) deals with driving too
fast because of some inherent condition of the weather or road condition. Under
§1180(e) a driver is to reduce his or her speed when approaching and crossing
an intersection or railway grade crossing, or when approaching and going around
a curve in the road, when approaching a hill crest, when approaching and
passing by an emergency situation involving any authorized emergency vehicle
which is parked with emergency lights on, when driving down a narrow or winding
roadway, or whenever any special hazard exists with respect to pedestrians,
etc…
FINES:
The fine
for a violation of this section for a first offense ranges from $45.00 to
$150.00.
The fine
for a second violation of this section within any 18 month period of time
ranges from $45.00 to $300.00.
The fine
for a third violation of this section within any 18 month period of time ranges
from $45.00 to $525.00.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
POINTS:
A
conviction for a violation of 1180(e) Failure to Reduce Speed, will result in 3
points being added to your New York State Driving record.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible.
For a first
conviction the maximum jail sentence is 15 days incarceration.
For a
second conviction the maximum jail sentence is 30 days incarceration.
For a third
conviction the maximum jail sentence is 30 days incarceration.
§1180(f)
§1180(f) –
Exceeding Posted Work Area Speed Limit, Highway Construction or Maintenance
Work Area.
This
section of §1180 deals with speeding in work/construction zones. Most motorists
will take notice of the temporary speed limit signs posted as they enter a
construction zone. You know the signs, the ones that say “SPEEDING IN
CONSTRUCTION ZONE – FINES DOUBLE”. Well, the signs are no bluff, your fines
really do double if you are convicted of this type of speeding ticket. If you
possess a commercial driver’s license a conviction to this section of §1180 is
considered a SERIOUS TRAFFIC VIOLATION. For an explanation of what a SERIOUS
TRAFFIC VIOLATION is please read the information above under section §1180(b).
FINES.
The fine
for a violation of this section depends upon how many miles over the posted
speed limit you were convicted of traveling, and if you have been previously
convicted of the same offense.
If your
speed is between 1 and 10 MPH over the limit the fine ranges from $90.00 to
$150.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $180.00 to $300.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $360.00 to $600.00.
If this is
a second offense under section §1180(f) the fine goes higher. If your speed is
between 1 and 10 MPH over the limit the fine ranges from $90.00 to $300.00. If
your speed is between 11 and 30 MPH over the speed limit the fine ranges from
$180.00 to $450.00. And if your speed is more than 30 MPH over the speed limit
the fine ranges from $360.00 to $750.00.
If this is
a third offense under section §1180(b) then the fine goes up yet again. If your
speed is between 1 and 10 MPH over the limit the fine ranges from $90.00 to
$525.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $180.00 to $675.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $360.00 to $975.00.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by the speed of the vehicle and prior convictions.
Speed 1
through 10 MPH over the speed limit, for a first conviction the maximum jail
sentence is 0 days incarceration. For a second conviction the maximum jail
sentence is 0 days incarceration. For a third conviction the maximum jail
sentence is 0 days incarceration.
Speed 11
through 30 MPH over the speed limit, for a first conviction the maximum jail
sentence is 30 days incarceration. For a second conviction the maximum jail
sentence is 30 days incarceration. For a third conviction the maximum jail
sentence is 30 days incarceration.
Speed over
30 MPH over the speed limit, for a first conviction the maximum jail sentence
is 30 days incarceration. For a second conviction the maximum jail sentence is
30 days incarceration. For a third conviction the maximum jail sentence is 30
days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1180(g)
§1180(g)
Speeding in a Vehicle that has a Gross Vehicle Weight of more then Eighteen
Thousand Pounds or a Commercial Motor Vehicle with a Gross Vehicle Weight of
more then Ten Thousand Pounds, With a Radar or Laser Detector.
This
section of §1180 is meant to discourage motorists from using law enforcement
detection equipment when driving vehicles that are inherently dangerous because
of their weight. If you possess a commercial driver’s license a conviction to
this section of §1180 is considered a SERIOUS TRAFFIC VIOLATION. For an
explanation of what a SERIOUS TRAFFIC VIOLATION is please read the information
above under section §1180(b).
FINES.
The fine
for a violation of this section depends upon how many miles over the posted
speed limit you were convicted of traveling, and if you have been previously
convicted of the same offense.
If your
speed is between 1 and 10 MPH over the limit the fine ranges from $90.00 to
$150.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $180.00 to $300.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $360.00 to $600.00.
If this is a
second offense under section §1180(f) the fine goes higher. If your speed is
between 1 and 10 MPH over the limit the fine ranges from $90.00 to $300.00. If
your speed is between 11 and 30 MPH over the speed limit the fine ranges from
$180.00 to $450.00. And if your speed is more than 30 MPH over the speed limit
the fine ranges from $360.00 to $750.00.
If this is
a third offense under section §1180(b) then the fine goes up yet again. If your
speed is between 1 and 10 MPH over the limit the fine ranges from $90.00 to
$525.00. If your speed is between 11 and 30 MPH over the speed limit the fine
ranges from $180.00 to $675.00. And if your speed is more than 30 MPH over the
speed limit the fine ranges from $360.00 to $975.00.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by the speed of the vehicle and prior convictions.
Speed 1
through 10 MPH over the speed limit, for a first conviction the maximum jail
sentence is 0 days incarceration. For a second conviction the maximum jail
sentence is 0 days incarceration. For a third conviction the maximum jail
sentence is 0 days incarceration.
Speed 11
through 30 MPH over the speed limit, for a first conviction the maximum jail
sentence is 30 days incarceration. For a second conviction the maximum jail
sentence is 30 days incarceration. For a third conviction the maximum jail
sentence is 30 days incarceration.
Speed over
30 MPH over the speed limit, for a first conviction the maximum jail sentence
is 30 days incarceration. For a second conviction the maximum jail sentence is
30 days incarceration. For a third conviction the maximum jail sentence is 30
days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1181(a)
§1181(a) – Impeding
the Normal and Reasonable Movement of Traffic – Driving too Slow
This
section of §1180 deals with the situation when the operator of a motor vehicle
is driving so slowly that it is negatively affecting the use of the roadway. An
example of this would be when a motorist is driving 15 MPH in a 40 MPH zone for
no legitimate reason, and there is a trail of angry motorists following behind
honking and pulling their hair out.
FINES.
The fine
for a violation of this section depends upon how many times the motorist has
been convicted of this violation previously.
If this is
the first conviction the fine range is between $0.00 and $150.00.
If this is
a second offense the fine range is between $0.00 and $300.00.
If this is
a third offense the fine range is between $0.00 and $450.00.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by how many convictions you have for a violation of this
section.
If this is
your first conviction the maximum jail sentence is 15 days incarceration.
If this is
your second conviction the maximum jail sentence is 45 days incarceration.
If this is
your third conviction the maximum jail sentence is 90 days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1181(b)
§1181(b) –
Driving Below the Minimum Established Speed Limit
This
section of §1180 deals with the situation where a motorist is driving on a
public road, highway or parkway that has minimum speed limit signs posted. For
example the minimum speed limit on the Meadowbrook Parkway in Nassau County, NY
is 40 MPH. If you enter that parkway and drive at 35 MPH then you would be in
violation of this section.
FINES.
The fine
for a violation of this section depends upon how many times the motorist has
been convicted of this violation previously.
If this is
the first conviction the fine range is between $0.00 and $150.00.
If this is
a second offense the fine range is between $0.00 and $300.00.
If this is
a third offense the fine range is between $0.00 and $450.00.
JAIL:
Although it
is very unusual for a motorist to be sentenced to jail for a minor traffic
violation it is permissible. Under this section of §1180 the maximum jail
sentence is determined by how many convictions you have for a violation of this
section.
If this is
your first conviction the maximum jail sentence is 15 days incarceration.
If this is
your second conviction the maximum jail sentence is 45 days incarceration.
If this is
your third conviction the maximum jail sentence is 90 days incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
§1182 –
THIS IS A CRIMINAL OFFENSE - MISDEMEANOR
§1182 –
Speed Contest and Races
This
section of §1180 prohibits unauthorized races on the public roadways. If you
have seen movies like the Fast and the Furious you know what street racing is.
There are
no points assessed against your license if you are convicted of street racing,
rather your license is simply revoked.
FINES.
The fine
for a violation of this section depends upon how many times the motorist has
been convicted of this violation previously.
If this is
the first conviction the fine range is between $300 and $525.00.
If this is
the second conviction the fine range is between $525 and $750.00.
JAIL:
On a first
time conviction for this offense the court can sentence up to 30 days
incarceration.
On a second
time conviction for this offense the court can sentence up to 6 months
incarceration.
SURCHARGES:
In addition
to the above fines the State imposes surcharges upon a conviction to the above.
The surcharge ranges from $80-$85 dollars.
The
information contained on this page is accurate as of 6/1/2012, laws change over
time so please use the information above as a reference only, as with any legal
matter I strongly suggest that you consult with an attorney to help you with
any questions or problems that you may have.
I have been
practicing law for well over a decade. I primarily handle criminal cases (both
Felony and Misdemeanor) and traffic violations. I appear in Nassau, Suffolk and
Queens counties. Please feel free to call my office to setup a Free
Consultation.
There are very few experiences in life that are more dreaded or feared then being pulled over by a police officer. With the ever increasing costs of auto insurance and the state fines and surcharges associated with moving violations a motorist’s anxiety level can go through the roof. If you have consumed any alcohol prior to the stop multiply this anxiety by ten.
1.The Stop. A motorist is under no obligation to answer any questions for a police officer. If you are pulled over by an officer the only information that you are required to provide is your license, registration and insurance.
(Listed below is suggested conduct for a motorist to follow if stopped.)
•Place your car in park and turn on your interior lights.
•Have your license, registration and insurance in hand before the officer arrives at your window.
•Keep your seatbelt on during the stop so that you do not get ticketed for failure to wear it. Often times an officer will not believe that you took off the seatbelt to reach your documentation, so keep it on.
•Be polite, but do not volunteer information. If you are asked, “Do you know why I stopped you?” answer no. The police write down your answers to be used against you.
•Keep your hands where the officer can see them at all times.
•Never argue or raise your voice to the officer.
•If you receive a ticket accept it graciously and consult with an attorney.
2.Roadside Tests. A motorist is under no obligation to perform any roadside field sobriety tests. If you are asked to exit the vehicle, there is an extremely high likelihood that the officer has already determined to arrest you for DWI. On the side of the road there is no fair judge of your performance and there is no video of how you perform. The only judge of your performance is a police officer who often times is going to make overtime based upon your arrest.
Performing field sobriety tests under less then ideal conditions can affect the validity of the tests. Consider the following before you agree to do any DWI field sobriety testing.
•Are you tired?
•Are you Nervous?
•Are you uncoordinated?
•Are you overweight by more then fifty pounds?
•Do you have any medical conditions that can affect your balance?
•Are you wearing appropriate footwear?
•Is the location of the testing appropriate for the testing?
oIs it well lit?
oIs it level?
oAre there distractions close by like passing cars, or pedestrians?
You have the right to refuse standardized field sobriety tests. If any of the above conditions are present it can have a major impact on the results of the testing which will then be used against you in court. Keep in mind that at this point in the stop you are likely to be arrested. The question is whether performing standard filed sobriety test in the field (on the road) will help exonerate you, often times they will not no matter how well you really perform. People fail sobriety tests when they are sober. Sobriety tests are subjective tests unless they are recorded with audio and video so that they can be judged fairly by others. With all the factors that can affect DWI sobriety tests on the roadside it is often better to refuse all testing.
3.Breath Testing. Every motorist who is arrested and charged with a DWI in New York, is required to submit to a chemical test of their blood, breath or urine to determine their alleged blood alcohol concentration or BAC. Though a person has the right to refuse this testing (and often times should), a knowing refusal will result in the revocation of their driver’s license for a one year period if proper refusal warnings are given by the officer. The question then becomes do you give a breath sample.
In considering the decision on whether or not to give a breath sample you should be aware of the following:
•The Nassau County Crime Lab was closed in early 2011 because of departures from the minimum standards of care necessary to run a police crime lab. The crime lab was responsible for mixing the simulator solutions that the breath testing equipment in Nassau County utilizes.
•Kathleen Rice, the Nassau County District Attorney pointed out at a morning news conference that she asked county executive Mangano to shut the lab down "because supervisory activity and potentially intentional personnel conduct relate not only to the drug chemistry testing performed at the lab but to the entirety of the lab."
•In Nassau County it is police policy that no video will be made of your performance tests (Standardized Field Sobriety Tests) if you take a breath test. In other words if you want to have a video made of your testing so that your performance can be judged by a neutral person (a jury) rather then a police officer you must refuse a breath test. Essentially, if you want a video made to show your innocence you must give up your driver’s license!! That is ridiculous and unfair.
•Breath testing equipment is not perfect and it can make mistakes.
•Consider the factors listed below as a partial list of items that can affect the reliability of the breath testing machines:
oIf a person has a fever it can throw of the machine.
oIf a person burps, regurgitates or has acid reflux it can throw off the machine.
oIf a person has dentures it can throw of the machine.
oIf a person blows for too long it can throw off the machine.
oIf the mouth piece is not changed it can throw off the machine.
oIf the chamber is not properly purged it can throw off the machine.
oIf the person has certain chemical compounds in their system in can throw off the machine. (Painters, Carpenters, Chemists, etc…)
oIf the persons blood to breath partition ratio deviates from the median it can throw off the machine, not everyone is in the middle of a bell curve.
oThere police do not wait 10 - 15 minutes and then perform a second test to confirm the results of the first test. Unfortunately if you believe the machine has made a mistake and request a second test you will be denied.
Juries often are kept in the dark about just how many things can go wrong with a breath testing machine despite the best efforts of the defense attorney. Deciding whether to take the breath test or not is a case specific decision, and often times the best decision is not to take the test, especially if you do not trust the police.
4.Standardized Field Sobriety Testing (SFST). In Nassau County, Suffolk County and Queens County the decision to take SFST back at the station is a hard one. Often times you are being pressured to take tests that are not properly explained under conditions that would make anyone uncomfortable. As mentioned above in Nassau County DWI testing is not video taped unless you are willing to give up your license for a year! However, if you want the best evidence of your testing preserved you must refuse the breath test or no audio/video will be made.
SFST testing is not an exact science and the results reported can vary on the same subject depending on who gives the test. All of the issues that can impact the roadside SFST testing listed above are present but add to that the pressure and nervousness of having been placed in handcuffs and told you are under arrest for the first time in your life. Under those conditions only you can decide if taking the tests would be fair and accurate. I believe that for the average person it is better to refuse the test as they are typically administered in an unfair and coercive manner.
5.Call Your Attorney. Attorneys are available 24 hours a day 7 days a week to help you. Make sure that you have your attorneys name and phone number in your cell phone and in your wallet or purse. Do not speak or give a statement to the police without consulting with your attorney first. Be definitive. Say “I want to talk to my attorney now.” And do not volunteer any information just wait with your mouth closed.
Attorney Advertisment
At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with any driving offense from a speed contest to a red light ticket to a DWI give us a call. Call 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at for further informaiton: David Galison, P.C.
