New York Speeding in Construction Zone (VTL §1180(f)) Attorney

New York takes speeding in a construction zone (also known as a work zone) seriously. A conviction can lead to a number of expensive consequences. In addition to double fines, you can expect surcharges, higher insurance premiums, and driving points.

Were you ticketed for speeding in a construction zone? You do have legal defenses available that can save you money and legal headaches down the road. Find out how The New York Traffic Ticket Lawyers can serve you.

Double Fines and Other Penalties for Speeding

Speeding is a serious enough offense, not just in terms of fines but also potential insurance hikes. But speeding in a work zone in New York can lead to double fines, more points added to your driving record, and a strong likelihood of suspension of your driver’s license.

That’s because New York Vehicle & Traffic Law (VTL) §1180(f) allows, with some restrictions, construction speed limits to be lower than the normal speed for that particular road. This is designed to keep both construction workers and motorists safe in these areas. The law reads:

(f) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) or (e) of this section or when a lower maximum speed limit has been established, no person shall drive a vehicle through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit. The agency having jurisdiction over the affected street or highway may establish work area speed limits which are less than the normally posted speed limits; provided, however, that such normally posted speed limit may exceed the work area speed limit by no more than twenty miles per hour; and provided further that no such work area speed limit may be established at less than twenty-five miles per hour.

These are some of the possible penalties you may face:

  • Fines: Construction zone speeding tickets can range from $90 to $600, depending on your exact speed. For speeds of 1-10 mph over, the fine is usually $90 to $150; 11-30 mph over, the fine is usually $180 to $300; and for 31+ mph over, the fine is usually $360 to $600.
  • Surcharges: You can also expect a surcharge of $88 (if the violation occurred in a city) or $93 (if it was in a town or village). This is on top of the base fine.
  • Points: You will have 8 points added to your New York driving record, regardless of your speed. The New York DMV will suspend your license if you reach 10 points in a 24-month period.
  • Driver Responsibility Assessment: For drivers with high numbers of points, they have to pay an additional fee called the Driver Responsibility Assessment. The rate works out to $300 for the first 6 points plus another $75 for each point over 6.
  • Higher insurance: It is almost guaranteed that your automobile insurance rates will go up. Insurers view speeding as dangerous, and speeding in a work zone even more so.
  • Suspended license: As mentioned above, accumulating 10 points in 24 months can result in a license suspension. So can having two work zone speeding tickets.

What is Considered a Construction Zone?

A work or construction zone is any area along a roadway in which construction crews are performing road work. The following are generally present in these areas:

  • Workers
  • Vehicles
  • Equipment
  • Supplies
  • Materials
  • Visual and driving obstructions

Actual construction work need not be in progress for the area to be considered a work zone. There should be orange construction barrels and cones, or sometimes concrete barriers, marking off the area. Orange work zone speed limit signs should also be posted.

Possible Defenses to a VTL §1180(f) Construction Zone Speeding Ticket

Working with a New York construction zone speeding ticket attorney, you may be able to argue several possible defenses. These include:

  • The construction zone was not clearly marked: If there are missing work signs, or signs that are obscured or posted too late to give proper notice, this could be a defense. The absence of posted work zone speed limit signs would be a good argument for dismissing the ticket.
  • The work zone is inactive or abandoned: Active construction zones do not require constant construction work. However, the absence of any vehicles, workers, or equipment could indicate the work zone is inactive or abandoned. This could support a ticket dismissal.
  • The posted speed limit was illegal: VTL §1180(f) requires that work zone speed limits cannot be more than 20 mph lower than the normal speed limit, and that the lowest possible speed in a work zone is 25 mph. Speed limits that violate these rules could be illegal, and allow the judge to dismiss the ticket.
  • There were problems with the radar gun: Any defects with the police officer’s radar gun, such as failure to maintain proper calibration, could work in the driver’s favor. Improper use of the radar is another possible defense.
  • There were procedural errors: Law enforcement in New York must follow strict procedural guidelines when issuing tickets. Mistakes such as citing the incorrect traffic statute or errors with the date and the location of the ticket could be a valid defense.

All defenses are unique to the individual circumstances of each ticket. Be sure you note as many details about the traffic stop as possible, and then relay that information to a skilled New York ticket lawyer.

Contact Our New York Speeding in Construction Zone (VTL §1180(f)) Attorney

Even if you think the police have a strong case against you, it pays to speak with a lawyer. There may be problems with the ticket that you don’t know about which we can explore with you. Contact The New York Traffic Ticket Lawyers to get started on your case.

Frequently Asked Questions About New York Work Zone Speeding Tickets

Is a plea deal possible?

Your New York traffic ticket attorney may also be able to work out a plea deal if dismissal of the ticker is not an option. This will depend on the specific facts of your case, so ask a knowledgeable lawyer. We can review your ticket and advise you accordingly.

What if I receive a speeding ticket from a traffic control camera?

These tickets are subject to different rules than VTL §1180(f) tickets, which police officers issue. It’s important to know whether an officer or a traffic camera resulted in your ticket, and which statute is cited on your ticket. This information could help your defense.

We can help you regardless of the circumstances of your speeding ticket. Reach out to our office for additional details.

What if I fail to answer the ticket?

Failure to respond to a speeding ticket can cause the New York DMV to suspend your license. You will then have to take additional steps to reinstate your license and you will still have to deal with the underlying speeding ticket. Our office can help you resolve both matters.