Speeding ticket from camera on Queens Blvd

R

redcardigan

New Member
Jurisdiction
New York
Hi everyone. I live in New York City and regularly drive on Queens Blvd., which is the largest street in Queens. It used to be a 30 MPH zone but now it is 25 MPH and has cameras everyone. It's actually difficult to go that slowly on such a major boulevard and watching people whizzing by me but I do. I didn't think I was going very fast, perhaps 28 MPH at highest on my speedometer, which is analog, and I think the needle was on the line. I ended up getting a ticket in the mail saying I was going 35 MPH and there is no way I was going that fast. Is there a reasonable defense to fighting this ticket? I heard you can ask questions like when the speed detection equipment was last calibrated, etc.
 
One of the problems I've observed, even with myself, is that most drivers are terrible at estimating their speed while behind the wheel. After getting my car engine and electronics package upgraded due to factory recall (which really was a customer service move to provide free upgrades as nothing about the changes involved safety or compromised the normal operation of the car) I found myself cruising down the main interstate highway at over 80 mph when the limit was 65. The car performed so well I just couldn't tell. It's now hard to keep the car under 30 mph without riding the brake because it just wants to fly.

How much will that ticket cost you? Is it worth your time to go to court (which for traffic courts often involves a lot of waiting until your case gets called) to save that amount of money? Do you get points assessed that you can't afford to lose? If you do go to court, you are allowed to cross examine the officer after he or she has provided direct testimony, but you need to know exactly what to ask and then how to argue from that that the government hasn't met its burden of proof. Any experienced cop will have testified many, many times and will know the common attacks lawyers make to challenge tickets. And one of the things they pretty much always do is ensure their speed measurement equipment is calibrated within the time recommended by the manufacturer or mandated by the department. So, you can try challenging it, just don't go into it with real high hopes the judge/hearing officer will toss your ticket. You might win, but that's not the usual result most drivers get in traffic court.
 
redcardigan said:
Is there a reasonable defense to fighting this ticket? I heard you can ask questions like when the speed detection equipment was last calibrated, etc.
Click to expand...

Victims of speed cameras RARELY fare well in a court battle.

However, have you considered TRAFFIC SCHOOL for naughty drivers?

If you've been naughty in New York State and been given a citation, you should know that the state uses a license points system. (You probably noticed this when the state took a few of those points away from you.) Like programs in other states, the general idea behind the points system in the state of New York is to keep a log of just how bad your behavior is so that your license can be suspended when you reach full hoonigan status. As you build up points, you inch closer to taking the bus to work and having to pick your date up on a Schwinn.
So here you are. You've lost a few points, you're full of regret and woe for not driving like a grown up, and you're wondering if there's a way to forestall the day your license is cut in two by the man. There is! You can attend a traffic school, a.k.a. defensive driving course, either online or in person. We hope you'll learn a thing or two.
[ Find online driver's ed and traffic school classes ]

By the way, many automobile insurers will offer those completing traffic school, an additional discount for coverage.

Our 3 Top Traffic Schools for Reducing License Points and Insurance Surcharges in New York

We have detailed information below on why we liked these traffic schools, but to cut to the chase, here are the top three:
  1. iDriveSafely
  2. TrafficSchool.com
  3. New York Safety Council

The New York Points System

The New York State points system applies a varying number of points to your tally depending upon just what type of infraction you have committed ranging from rolling through a stop sign to jumping the General Lee across the Hudson. For example, if you are cited for driving 1 to 10 MPH over the posted speed limit, you are assessed 3 points. 31 to 40 MPH over the limit you get 8 points. If you break the land speed record you get the full whammy – 11 points. Coincidentally, 11 points are the number that you need to lose your license. For fans of Spinal Tap, "This one goes to eleven."
New York State realizes you may need some time and opportunity to build up enough points to get to the full suspension total of 11, so it gives you a very reasonable 18 months. (Why not annually? Who knows?)
To give you even more of a head start on the points program, New York is kind enough to include points on your New York license for infractions you commit outside of New York. That is amazing customer service!
Car Talk reviewed the chart that New York State provides to help you understand the rules of the game. Our favorite combination of the infractions that we can realistically imagine is this; You are traveling 11 miles per hour over the speed limit entering a rotary, say 36 in a 25 zone. You just so happen to be looking at your phone because – well, there is really no good reason, but a lot of folks do it. As you enter, you merge ahead of another vehicle already in the rotary. Say a car moving at about 14 miles per hour driven by a person in welding goggles with their mouth open. An officer sitting in a new Ford Interceptor Utility behind a tree in the center of the rotary sees this and pulls you over.
Your full points total if convicted on all violations in traffic court will be 4 points for speeding, plus 3 for failing to yield the right of way, plus 5 for the use of a portable electronic device. This is a perfect storm of citations that is easy to envision. Heck, we have witnessed it happen on many occasions during our daily commute. That total is not just 11, it is 12 points in one day. Your license will be gone in a flash – unless you complete an approved traffic school. Do you see the value yet?

New York State Driver Responsibility Assessment Fee

In addition to the revenue that New York and its fine residents will enjoy from your citation itself, there is another fee called the New York State Driver Responsibility Assessment Fee, or NYSDRA for short. (Well, not that short.) Let's call it the sting tax. The sting tax is generally $100, but it can be higher. And it is to be paid each year, for the three years following your infraction. (Why not 18 months? Again, we have no idea). You need to pay this. Failing to do so will result in your license being suspended. Why does New York say they have this added fee? The NYS DMV says, "The purpose of the assessment is to prevent the repeated behavior of problem drivers and to improve traffic safety." Call us crazy, but we thought the fine, and the court fees, and the insurance surcharges, and the points system were all about that. New York felt so strongly about this program's benefits that it teamed up with another country to enforce them. That's right, tickets you get in Canada will also sting you in New York.

New York State Traffic Schools – What Can They Do For You?

If you've accumulated points in New York, luckily the state runs a program called the Internet Point and Insurance Reduction Program (IPIRP). IPIRP allows you to reduce your points by taking courses online. The New York State traffic schools can help you to reduce your point total. If you complete the course, you will have 4 points removed from your balance. The rules allow you to take the course every 18 months. So it makes sense to take the course as soon as practical following being awarded points.
You cannot "bank" these point reductions with the idea of pulling a Baby Driver some time down the road. In other words, you cannot store up 24 point deductions over six years and then lead the police on a high-speed chase through Manhattan expecting to be able to apply them to your future total. Which is a shame for the 24 hour news cycle, if nothing else.
Taking the course has two added benefits. The first is that you might receive an insurance discount. This depends upon your insurer. We get enough manifestos sent to us at the office of Dewey Cheetham, and Howe, so call your agent or insurer before you take the course and ask whether it will apply to your specific policy and situation.
Second, if you take the course, you might just learn something and become a safer and better driver.

New York State Traffic Schools – What Can't They Do For You?

One thing a New York State Traffic School cannot do for you is earn you back your license after the state has taken action to suspend or revoke it. Do not expect that simply completing it will restore an already revoked license. The traffic school points reduction scheme only works for you before the DMV revokes your privileges. You need to be proactive and get in and out of the course before you hit the magic number and a traffic court judge takes action. So get moving, bucko.

New York State Traffic Schools – Cost and How To Take Them

Listen, Mario Andretti, these courses are not the SAT. Most of the folks who sell them say you are "Guaranteed to pass" and there is "No exam." With that rigorous format, how can you not become a better driver?! The good news is that this is a slam dunk type of course where you view little videos, read some pages, and click the tab after enough time has passed to move to the next page until you are done.
If you really want to take one in a classroom you can. It is 320 minutes long and the proctor is Mr. Hand. Jeff Spicoli will be eating a pineapple pizza next to you. You can get the official list of classroom-format providers at the New York DMV page here. If you are like almost every other New Yorker, you will take this on your phone, Kindle, iPad, or whatever the cool kids use these days.
Expect to pay about $25 for a New York State approved traffic course. If you really do get a "10% guaranteed insurance premium reduction" it is a screaming deal.

New York State Traffic Schools – Which Are the Best?

The best online traffic schools in New York are those that are registered with and approved by the state and which have high ratings. A full listing of online and alternative format classes can be viewed at the DMV's page here. We had a team of MBAs take each course and then use a 39 point grading system to determine which are best. Or we look closely at the reviews and ratings. Here is a list of highly-ranked companies that we have vetted in the past and which offer courses of this type in multiple states.

How We Rated Traffic Schools in New York

In general, we were looking for schools that had exemplary ratings with the Better Business Bureau, had strong ratings on social media sites or other ratings agencies, and provided online instruction.
  • iDriveSafely.com iDriveSafely.com has an A+ rating with the Better Business Bureau. It received a 4.6 out of 5 star rating with TrustPilot. For $24.95, the site promises an online course that will reduce up to four points from your driving record and get you a 10% discount on your insurance.
  • TrafficSchool.com TrafficSchool.com has an A+ rating from the Better Business Bureau. It received 4.9 stars out of five with ShopperApproved. For $24.95, the site offers an online course approved by the state of NY to reduce as many as four points from your license and provide a 10% insurance discount.
  • New York Safety Council New York Safety Council received a B+ rating from the Better Business Bureau. It received 4.6 out of five stars from ShopperApproved. Like the other two courses, it offers its online course for $24.95, which must be mandated by the state. What's a little sketchy is that they suggest they're offering it at a discount from $48, but if the price is state-set, that $48 is a myth.
Read more information on the Best Online Traffic Schools in the industry here.

 
@Tax Counsel thank you very much for the details in your response. I really appreciate it. The fine is $50 and I'm told no points, but who knows what it could mean for auto insurance coverage rates which are increasing out of control. It's the auto insurance issue that worries me more than anything else.

The 25 MPH speed limit is supposedly a 'safety' issue but not one person believes this is anything more than an attempt for New York City to lower speeds so low to generate massive amounts of violation revenue. It's a major boulevard that is 6-10 or 12 lanes wide including parking. The time it takes to get from place to place at this rate slows down commerce and everything else to a massive crawl, which is bad enough already in New York City. There is also the anti-car lobby trying to push bicycle usage as an alternative to cars and also public transportation, which is forever in a state of breakdown. Here is the congestion pricing plan, which is a desperate plan to massive raise revenue to support their bloat, waste, and virtue signaling as a sanctuary city that is breaking the bank. Congestion Pricing | Manhattan Borough President

In the end, it may be just worth paying the $50 and let the chips fall where they may. It's just infuriating.
 

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