Second or Third Speeding Ticket in New York

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One speeding ticket is bad enough, but a conviction or a second or third speeding ticket in NY can expose drivers to significantly greater penalties. Fines increase when two or more speeding tickets are issued to the same driver in 18 months. Drivers also need to be aware of the amount of points each ticket carries. All said, a second or third speeding ticket can mean much higher fines and a serious risk of a suspended license. A driver who has already pled guilty or been convicted of one speeding ticket would be well advised to fight the charges of subsequent tickets.

Maximum Fines for a Second NY Speeding Ticket

Speed Over LimitFine for 2nd OffenseNYS SurchargeTotal CostPoints
1 – 10 mph$300$88 – $93$388 – $3933
11 – 20 mph$450$88 – $93$538 – $5434
21 – 30 mph$450$88 – $93$538 – $5436
31 – 40 mph$750$88 – $93$838 – $8438
41+ mph$750$88 – $93$838 – $84311

The fine for a first speeding ticket costs between $150 and $600 depending on how far over the limit a driver was going. For a second offense in 18 months, a speeding ticket in NY costs between $300 and $750.

Since a speeding ticket carries at least three points, a second conviction for speeding also likely means paying a Driver Responsibility Assessment (DRA). A DRA is a fine that drivers must pay every year for three years after receiving six or more points on their license. The fine costs $100 plus an additional $25 for each point over six. This is addition to the mandatory $88 to $93 surcharge that is added to every ticket issued in NY.

For example, a driver who received a second ticket for speeding 11-20 mph over the limit (a four-point offense) in 18 months would end up with 8 points and could end up paying nearly $1,000 ($450 fine + $450 DRA + $93 surcharge)! This is in addition to a possible hike in auto insurance premiums. One study found that just one speeding ticket can increase rates by as much as $500 per year for as long as the ticket is on one’s driving record. A second speeding ticket is likely to increase those rates even more.

A second speeding ticket conviction is no joke. A driver would be well advised to speak with an attorney to find out how to avoid a conviction and the resulting penalties.

Maximum Fines for a Third NY Speeding Ticket

Speed Over LimitFine for 3rd OffenseNYS SurchargeTotal CostPoints
1 – 10 mph$525$88 – $93$613 – $6183
11 – 20 mph$675$88 – $93$763 – $7684
21 – 30 mph$675$88 – $93$763 – $7686
31 – 40 mph$975$88 – $93$1,063 – $1,0688
41+ mph$975$88 – $93$1,063 – $1,06811

A third conviction for speeding in New York is even more serious. New York will revoke a license after three speeding convictions in 18 months.

In addition to the revocation penalty, drivers will have to pay even higher fines. Not only can the fines reach almost $1,000, but drivers will have to pay a higher DRA based on the additional points. The third speeding ticket and the license revocation are also likely to cause auto insurance rates to skyrocket!

It is urgent that any driver facing a third NY speeding ticket in 18 months consult with a skilled attorney to find out how best to avoid a revocation and other massive costs that can come with a conviction.

Penalties for a Second Speeding in a Work Zone Ticket

The fines for speeding in a construction zone (VTL 1180-f) can be higher than those for traditional speeding. What drivers also need to be aware of is that a second conviction for speeding in a work zone within 18 months can result in a revoked NY driver’s license, in addition to the fine, surcharge, and DRA.

Can Drivers Undo a Second or Third Guilty Plea?

It’s common for drivers to plead guilty (which happens when a ticket is paid) to a third speeding ticket or second ticket for speeding in a work zone and not realize it could lead to a suspended license. In this case, it may be possible to file a Motion to Vacate. Also known as a Coram Nobis Motion, this is a legal procedure that asks the court to undo the last conviction. Not every court in NYS allows this, and even where it is permitted, there is no guarantee that a judge will agree to reopen the case.

If the motion is accepted, then the driver will have to take the ticket to court and hope for a better outcome. This is not an easy thing to do, and anyone hoping to go this route should do so with the aid of an experienced attorney.

Can Someone Go to Jail for a Second or Third Speeding Ticket?

While possible, it is very rare for drivers to be sentenced to jail over speeding tickets, even for repeat offenders unless it’s a very high speed or coincides with other serious charges such as reckless driving or vehicular manslaughter. Regardless, the decision to jail a driver charged with speeding or any traffic offense is at the discretion of the judge. Anyone concerned about a potential jail sentence should speak with a qualified attorney right away.

Who Should Drivers Contact?

Anyone who is facing a second ticket for speeding in a work zone or a second or third ticket for speeding in New York should contact the Rosenblum Law Firm. Let our experienced attorneys examine the details of your case and offer a strategy that can minimize the fines, exposure to points, and risk of a suspension. Call us today at 888-434-0406 for a free consultation.