NEW YORK
STATE VEHICLE AND TRAFFIC LAW
SECTION
§1180 SPEED RESTRICTIONS
POINTS -
FINES- SURCHARGES - JAIL
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.
Thank you,
David
Galison
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