Speeding is always against the law, but doing so in a school zone will significantly increase the legal penalties. You can expect fines, points on your driving record, and higher insurance premiums. However, just because you received a ticket doesn’t mean you are guilty.

You have the right to challenge a school zone speeding ticket, and our legal team can assist you. Connect today with The New York Traffic Ticket Lawyers to begin working on your defense.

What to Know About VTL §1180c

New York Vehicle & Traffic Law (VTL) §1180c is a lengthy statute that prohibits speeding in a school zone. But there are a few important details to know about this law if you have received a ticket. Here are some of them:

It is a more serious ticket: This ticket will stay on your record longer, trigger higher fines, and lead to more significant automobile insurance policy increases. Lawmakers take school safety seriously and VTL §1180c reflects that attitude.
A first-time offender can face serious penalties: Whether this is your first speeding in a school zone ticket or not, your fines could be substantial. Judges are rather unforgiving about this ticket due to the risk that speeders pose to children.
Prior violations can mean even higher penalties: While a first-time ticket will land you in trouble, the situation is far worse if you have had prior school zone speeding offenses. You should speak with a New York traffic ticket lawyer right away to protect your best interests.
Certain requirements must be met to receive this ticket: Either you must be speeding in a school zone during school hours (7:00 am to 6:00 pm on a school day, or alternative hours within that timeframe) or when warning lights attached to a school zone speed limit sign are flashing.

Possible Penalties for a First-Time Speeding in a School Zone Ticket

Fines are doubled when speeding in a school zone, even for a first-time conviction, and the actual dollar amount will depend on the driver’s speed. These are the fines based on how far over the limit the driver was speeding:

1-10 mph: $90 to $300
11-30 mph: $180 to $600
31 mph and higher: $360 to $1,200

The court may also add a surcharge of up to $93 if the speeding took place in a city, town, or village.

If a driver speeds between 11-30 mph over the limit, they could go to jail for up to 15 days. If the speed is 31 mph or higher over the limit, the time in jail may be up to 30 days. The court can combine the jail time with a fine.

The New York DMV will add at least 3 points to your driving record. Too many points in a certain amount of time will result in an additional Driver Responsibility Assessment fee and possibly the suspension of your license. The number is points is also based on the range of speed over the limit:

1-10 mph over the limit: 3 points
11-20 mph over the limit: 4 points
21-30 mph over the limit: 6 points
31-40 mph over the limit: 8 points
40 and up over the limit: 11 points

Finally, you can expect your automobile insurance premiums to increase upon a conviction for speeding in a school zone. In fact, insurers penalize drivers far more harshly for speeding in a school zone than for speeding in general.

Penalties for Second- and Third-Time Convictions

If these punishments were not high enough to deter someone from speeding in a school zone, they get even worse for a second-time, third-time, or subsequent conviction within an 18-month period:

Second-time conviction: An additional $150 fine and/or up to 30 days in jail
Third-time and subsequent conviction: An additional $375 fine and/or up to 30 days in jail

Understanding School Safety and Speeding

It’s no secret that prosecutors, judges, and insurance companies take speeding in a school zone seriously. The threat to student safety is obvious, which is why fines and other penalties are so unforgiving. But this also provides insight into a possible way to defend against the ticket.

Remember, police can only issue the ticket during school hours or when lights are flashing in the school zone (and there are more rules about the sign in the statute). So if a person was speeding on a Sunday, for example, when school is not in session, they can contest the ticket.

Also, your ticket is likely to be more serious if you were in proximity to or almost hit any children. Conversely, you could argue against the more severe penalties if children were not close by and you posed no real threat to them. This is where having an attorney is critical.

Possible Defenses to a School Zone Speeding Ticket

Depending on the circumstances of your speeding ticket, your New York traffic attorney may be able to put forth such defenses as:

Speeding outside of school hours: As mentioned above, speeding outside of school hours, or on a day when class is not in session, or when a speed limit sign is not flashing, could be a strong defense.
Speeding outside of the school zone: Similarly, if you were not actually speeding within a school zone when you were pulled over, you may be able to challenge the ticket.
Challenging the recorded speed: Since the specific speed at which you are ticketed could mean the difference between major fines, significant points, and even jail time, you should consider challenging the officer’s radar.
Missing, unclear, or obscured speed limit signs: A driver cannot know the speed limit if there are not clearly posted signs in the vicinity of the school. Missing and unclear signs, or those that are obscured by trees or other objects, could offer a defense.
Emergency: Some drivers have a valid reason for speeding, even in a school zone, particularly if there is an urgent need to do so. Although you will need a strong reason for speeding it is possible to present evidence of an emergency situation.

How Experienced Legal Counsel Can Help You

There’s a lot riding on a school zone speeding ticket. Your finances and even your freedom could be in jeopardy for years to come. Our New York traffic ticket law firm has the experience it takes to challenge speeding tickets and work for the best possible outcome.

If the circumstances allow, we can ask for a dismissal of the ticket or fight the charges in court. We can also explore plea bargains which could help you avoid more serious consequences. It’s part of our effort to provide comprehensive legal services to our clients.

Were you ticketed for speeding in a school zone? Don’t plead guilty or assume the state can prove its case before speaking with us. Give The New York Traffic Ticket Lawyers a call or fill out our online contact form to get started.

Frequently Asked Questions About Speeding in a School Zone

How likely is jail time for speeding in a school zone?

Although judges rarely sentence school zone speeders to jail, the statute does allow it in cases of extreme speed. Jail may also be possible in special circumstances, for instance where the driver nearly struck a child. An attorney may be able to help you avoid jail time.

What sort of evidence can help my defense?

You will need to present evidence to substantiate any defense to the speeding charges. The evidence may include photos showing the absence of speed limit signs (or the fact that they are obscured), eyewitness statements, dashcam footage, and more.

You may also be able to present evidence that the police officer’s radar gun was defective or otherwise gave an inaccurate speed. An experienced traffic ticket lawyer can assist you with this step.

Does speeding in a school zone double my driving record points?

It’s a common misunderstanding that points are doubled when speeding in a school zone. Fines, however, are doubled. And points are a serious matter because they lead to more penalties such as license suspension.

You should never underestimate the seriousness of speeding in a school zone and the very real legal and financial penalties that come with it. Ask our New York legal team about defending yourself against this ticket.