Troy, NY asked in Traffic Tickets for New York

Q: How to deal with a 70 in a 65 speeding ticket in New York State?

I got a plea bargain letter that could convert the speeding ticket to VTL 1110A Disobeyed Traffic Control Device w/$150 fine. But I may still get 3 points.

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3 Lawyer Answers

A: Assuming that you have a NY license, yes, 1110A will put "2" points on your license. If the original speeding is 70 in 65, 1110A may seem a little bit unreasonable, but it depends on the circumstances surrounding your case and policy and personality of the town/village and/or the prosecutor/judge. You can fight the original violation, and if you lose, you can get 3 points. You may want to speak with a local counsel who has the "sense" of the local area and forum.

Howard E. Knispel agrees with this answer

Brian Berkowitz
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Answered

A: Thank you for your question. A speeding ticket for 70 mph in a 65 mph zone makes me think that it’s possible that the police officer may have given you a “road side reduction” (speed was actually higher, but the police officer wrote the ticket for a lesser speed.). Regardless, a ticket for 5 miles over the speed limit is a 3 point ticket and carries a potential fine of no more than $150.00 plus a surcharge; in addition to other possible sanctions (assuming the ticket was written as Sec. 1180(d) NYS Vehicle and Traffic Law.) The lesser charge you were offered, Sec. 1110(a) of the NYS Vehicle and Traffic Law, is a 2 point ticket with a maximum fine of $150.00, in addition to a surcharge.

The decision as to whether or not you should accept this offer depends upon the facts leading up to the ticket, the details of your driving record and many more issues, all of which you should discuss with an experienced traffic ticket attorney. While the answers found here are helpful, there is no substitution for speaking directly with an attorney.

Howard E. Knispel agrees with this answer

1 user found this answer helpful

Howard E. Knispel
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Answered

A: As stated by counsels, a 1110a is a 2 point violation and a 1180 less than 10mph over is a 3 point violation. If you hire an experienced local traffic attorney he/she might be able to negotiate a better deal (no point violation). Obviously you would have to pay for the attorney. If you go to trial and are found guilty then you will get the 3 points and likely a higher fine.

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