Author: Adam Rosenblum Esq.

Old and new cars alike have been known to have components suddenly fail. Most drivers understand a belt or hose can go without warning. Less common, however, is the failure of your car’s instrument panel. For example, a faulty speedometer might show you driving at a lower speed than you are truly going. If that happens, are you still liable for the speeding ticket?

Unfortunately, you are.

In New York State, drivers are responsible for the upkeep of their vehicles. When something breaks – whether it’s a tail light, brakes, or a speedometer – you are liable for any violation that may result. Sometimes a ticket, such as one for a broken headlight, can be dismissed if the driver can prove in court that it was fixed within 24 hours of the ticket.

A broken speedometer would be more difficult to fight this way. For starters, you’d have to present evidence that you were speeding because the instrument was faulty. Second, you’d have to show proof that it was fixed within 24 hours of the ticket. Finally, you’d have to hope to get a lenient judge, since not all of them will dismiss a ticket just because you fixed the problem.

A conviction for speeding in New York carries at least 3 points on your license, plus $150 in fines. Drivers will also be expected to pay an NYS surcharge of up to $93 and possibly a $100 driver responsibility assessment. Speeding tickets can also increase your auto insurance premiums by hundreds of dollars.

If you or a loved one has been caught speeding, it is essential that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who have experience handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

There are lots of tips and tricks that people offer fellow drivers for how to get out of speeding tickets. While some may be legit, many are straight-up inaccurate. Here are five of the most common myths and the truth about what happens when drivers try them.

Myth 1: Tell the officer you were just passing another vehicle.

Most police officers do not accept this as an excuse. For starters, the law does not permit breaking the speed limit for any reason. In addition, officers usually recognize a reasonable passing situation when they see it. That means if you have been pulled over, the officer has determined that your speed was unreasonable and/or unsafe.

Myth 2: Tell the officer you were just going with the flow of traffic.

Even if that is true, an officer is still justified for pulling you over if you were exceeding the speed limit. The fact that other drivers were also speeding will not convince the officer to decide against giving you a ticket.

Myth 3: If you contest the ticket and the cop fails to show at the hearing, the ticket will get dismissed.

There is some truth to this. In New York, if an officer fails to show at a hearing, the judge will at first adjourn and reschedule the case for a later date. If the cop fails to show on the second or third date, it is possible the case will be dismissed. Don’t bank on this, though, as officers show up to traffic court more often than not.

Myth 4: Question the accuracy of speed radar in court.

Claiming that the radar was wrong won’t work by itself; you’ll have to submit evidence that you weren’t speeding. Some smartphone apps, like TicketDefender and Waze, record your speed as you drive. The difference between the app’s reading and the radar gun would have to be fairly substantial in order to get the ticket dismissed and even then, if the evidence you submit still shows you were speeding, the ticket could still stand.  

Myth 5: If some of the information on the ticket is incorrect, the ticket will be dismissed.

Again, there is some truth to this, but the error has to be significant. For example, if the officer wrote that your car was beige but it is actually silver, that is not sufficient to warrant a dismissal. Even errors in the license plate number or the spelling of your last name will be chalked up to what they are: minor clerical errors. The kind of mistakes that could get a ticket dismissed are limited to things like the wrong date, an incorrect traffic code, or insufficient information on the Supporting Deposition.

What does work?

Many law enforcement officials will recommend honesty as the best policy. However, legally speaking, anything you say can be used against you in court so you should never admit to illegal behavior. No matter the circumstances, the one thing that can help is being respectful and polite to the officer at the traffic stop. If you feel the ticket is unjustified, or simply want to avoid the consequences, hire a skilled attorney who can plead your case and negotiate on your behalf in court.

Speeding tickets can cost far more than a simple $150 fine. In New York, a conviction for speeding carries at least three points on your license. Drivers will also be expected to pay up to $93 in court fees and possibly a $100 driver responsibility assessment. Speeding tickets can also increase your auto insurance premiums by hundreds of dollars.

If you or a loved one has been caught speeding, it is essential that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who have experience handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

We live in a busy world. Our time is valuable and most of us would prefer to spend time at our destination, rather than on the road. This is often a contributing factor as to why many drivers speed, along with a need to get to appointments on time, and a desire to be somewhere where we can check our phones without fear of legal repercussions.

But is speeding really saving that much time?

With the exception of long trips, speeding does not save more than a few minutes. The chart below details several scenarios involving trips of different lengths: 15, 30, 50, and 200 miles. Each trip length is calculated at 35, 50, and 65 mph speed limits. It then shows how long those same trips would take at 10 and 20 mph above those limits.

The average American has a commute of about 15 miles. Looking at the chart above, ignoring traffic signals and road congestions as a factor, Trip #1 shows that going 10 mph over the limit will save less than six minutes on a commute that is already less than half an hour (assuming the posted limit is 35 mph the entire way).

For longer commutes, assuming a low speed limit of 35 mph, going 10 or even 20 mph over the limit can show serious savings. In all likelihood, however, as commutes reach 30 and 50 miles in length, it’s more realistic to experience a posted limit of 50 or 65 mph. In those scenarios (Trips #5, 6, 8 & 9), the time saved for going 10 mph above the limit still hovers around six minutes.

Is that really worth it? Consider that a typical speeding ticket in New York costs about $150 (not including court fees and driver responsibility assessments). In order for six minutes of your time to be worth $150, you would have to make $1,500 per hour, or about $3 million per year.

Most of us are not worth that much. Looking at it another way, let’s say you go to court to fight the ticket. Assuming you save 6 minutes to work and back (12 minutes per day) and spent 8 hours in court, you would have to speed for 40 days to make back that lost time. It’s worth noting that hiring a lawyer could save you much of that time and increase your odds of beating the ticket.  

Another interesting revelation from the chart above is that the higher the speed limit is already, the less time you save by speeding. That might seem strange at first, but it makes sense—the faster you’re traveling to start with, the more you have to exceed the speed limit to achieve the same proportionate increase. If you’re going 45 mph in a 35 mph zone, you’re traveling almost 30% faster than the posted limit. If the speed limit is 65 mph and you’re going 75 mph, that’s only about a 15% increase, even though in both cases you are going 10 mph over the limit. Obviously you can increase your time savings by traveling even faster, but once you break the speed limit by more than 10 mph, your risk of getting a speeding ticket increases substantially and the consequences for the ticket go up as well.

Of course, real life isn’t as simple as a chart. Traffic lights, stop signs, and the ever-dreaded traffic jam can and will whittle away at any gains, even on the longest of trips.

Are the time gains worth the potential consequences? In addition to the $150 fine, a speeding ticket in New York will also carry at least 3 points on your license. Drivers will also be expected to pay up to $93 in court fees and possibly a $100 driver responsibility assessment. Speeding tickets can also increase your auto insurance premiums by hundreds of dollars.

If you or a loved one has been caught speeding, it is essential that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

Speeding tickets come loaded with hidden costs. On top of the initial fine, every speeding ticket carries with it a court fee, and in some cases, a driver responsibility assessment (DRA) as well. The biggest financial impact, however, is likely the one on your car insurance.

Every insurance company is different when it comes to speeding and other traffic tickets. One company may raise your rates for three years following a conviction, whereas another may apply a surcharge that will be removed after one year if you avoid any further infractions. The length of time that you’ve been with your insurer and past driving record can also be taken into account, and long-time customers with good records could see a lesser increase.

On the whole, however, most drivers who just plead guilty and pay the fine will see a significant difference in their annual premiums. InsuranceQuotes.com found that on average speeding leads to these increases in premiums:

• 21% for 1 to 15 mph over the speed limit.
• 28% for 16 to 30 mph over the limit.
• 30% for more than 30 mph over the limit.

This can be substantial for New York drivers, who already pay among the highest premiums in the country. It’s not uncommon for New Yorkers to shell out between $1,400 and $2,700 annually. That means even the smallest speeding ticket could result in an additional $294 to $567 per year!

For most drivers, it is more than worthwhile to hire an attorney to arrange for a plea bargain (which would have no impact on your insurance). In some cases, an attorney can also fight to have the ticket dismissed outright, such as if an officer doesn’t appear as complaining witness or if certain information on the summons is not filled out or is filled out incorrectly.

If you’re concerned that a speeding ticket could impact your car insurance, it is essential that you consult an attorney. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys with experience in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about how your ticket could impact your insurance rates.

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Winter is almost here and with comes the hazards of cold-weather driving. Anyone who has completed basic driver’s education in New York knows that you need to slow down in icy weather. The rule of thumb is to reduce your speed by one-third of what you would normally drive, with 45mph being the absolute max speed. For example, if you typically do 60mph on the LIE, cut it down to 40mph when it’s snowing.

Unfortunately, slowing down is not enough. In fact, it’s a common misconception that accidents in winter are the result of careless behavior. In many cases, accidents are caused when a driver encounters ice unexpectedly, such as after a freezing rain or while crossing a bridge (where icing is more common).

As they say, an ounce of prevention is worth a pound of cure. So here are some of the most practical wintertime driving tips.

• Go easy. Be sure to accelerate and brake gently to avoid having the tires spin out on the slippery pavement.
• Allow extra space. Leave between 2 and 10 times the normal gap between you and the car ahead in order to allow for a longer deceleration.
• Watch where you tread. Be careful driving in the wheeltracks of other vehicles; unless the road has been sanded and salted, the compressed snow is likely icier than fresh snow.
• Keep all hands on deck. Both hands should be on the wheel at all times regardless of the weather, but especially in the snow.
• Ditch the distractions. Turn off your phone and the music. Distractions are far more dangerous in the snow than at any other time.
• Give yourself extra time. Take into account how much longer it could take to arrive at your destination. Bonus: The less rushed your feel, the less likely you are to make a sudden move.
• Bust out the sunglasses. Summer may be over, but the shades can help reduce the glare from the snow.

It’s also worth remembering is that winter tires don’t fix everything. They’re certainly worth the cost, but even the best winter tires will not have traction on ice over 45mph.

Driving too fast in icy conditions can also land you a ticket. Under New York State statute VTL 1180(a), a driver can be ticketed for imprudent speed, which is when an officer deems your rate of speed to be “not reasonable and prudent under the conditions.” The ticket can be issued even if you are going below the posted limit. There’s no particular guidance as to what qualifies as reasonable and prudent, or under which conditions the law can be applied — officers simply apply their best judgment to based on the situation. Regardless, a first offense can result in 3 points on your license, plus up to $150 in fines and a $93 court fee. A conviction could also mean up to 15 days in jail. Penalties increase for a second and third conviction in 18 months.

If you or a loved one has been ticketed for driving at an unreasonable or imprudent speed for the conditions, or any other traffic citation, consult an attorney to help you avoid the costs, points, and increase in insurance premiums that can result from a conviction. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.