WHY IT IS A BAD IDEA TO JUST PLEAD GUILTY TO SPEEDING TICKETS IN NEW YORK STATE

James L. Maswick • March 22, 2021
Policeman writing a ticket.

I cannot tell you the number of times that I have heard people say that rather than hiring an attorney, fighting a speeding ticket issued to them or seeking a plea deal “because it was not worth their time or money,” people have just plead guilty and then faced licensing sanctions. In New York State, the Department of Motor Vehicles keeps track of convictions to speeding tickets and other moving violations. The consequences are greater than just the Court fine. This article discusses some of those consequences.


When you are charged and plead guilty to speeding or virtually to any other moving violation, a guilty plea not only garners you a fine and likely a mandatory surcharge from the Court where the ticket is returnable, but also points on your license. These points can have significant impact on your licensing and any further civil penalties that you are required to pay the state for the privilege of continuing to drive in New York. For instance, a speeding ticket that is 1 mph over the speed limit is a 3-point offense with the Department of Motor Vehicles. A speeding ticket 11 mph over the speed limit is a 4-point offense. A speeding ticket that is 21 mph over the speed limit is a 6-point offense. We routinely speak to clients who are alleged to have been driving these speeds all the time, especially on the wide-open interstates and the Northway in Upstate New York.


Another common ticket is communicating on a mobile phone while operating a vehicle without a hands-free device, which is a 5-point violation.


These points are counted for purposes of driver licensing and ability to continue operating a vehicle in the State of New York. If you receive six points on your license in 18 months, you will receive, in addition to any Court fine and surcharge, the Driver Responsibility Assessment—a civil penalty through the New York State Department of Motor Vehicles. Six points in 18 months will cost you $100.00 per year for 3 years as a civil penalty. Any point on top of 6 in that same 18 months will cost you an additional $25.00 per year for 3 years on top of the Court fines and surcharges and the $100.00 per year for three years to the Department of Motor Vehicles. If you obtain 11 points in 18 months, you will be suspended and off the road for 6 months. Similarly, 3 speeding tickets in 18 months is an automatic suspension of your driver’s license for 6 months. These penalties are simply for those regular Class D drivers; penalties can be even more substantial and significant for those who are junior drivers, new drivers or hold a commercial driver’s license commonly known as a “CDL.”


Additionally, as you might imagine, insurance companies also keep an eye on your points. Needless to say, your insurance rates will rise as the number of convictions to moving violations and speeding tickets you have increases, as well.


And, if a defendant were to have had multiple convictions for Driving While Intoxicated or Driving While Ability Impaired, points can play a role in your ability to ever obtain a license in the future. Lifetime points are counted in this aspect as a serious driving offense (SDO). If you garner enough lifetime points, this can also keep you off the road, potentially for good.


It is extremely important to seek legal counsel in the event that you obtain speeding tickets or other traffic tickets in the State of New York to determine what penalties you face with the Court, as well as your ability to operate in the future and any lasting effects. 

Group of people atop a mountain summit, posing by a sign that reads
By Flink Maswick Law August 28, 2025
Happy Labor Day from all of us at Flink Maswick Law.
Person riding a red Harley-Davidson motorcycle on a road; wearing a helmet, jacket, and light blue pants.
By Flink Maswick Law PLLC August 22, 2025
Some of us in the office are out today attending the final services of Favor R. Smith, a well-known attorney and longtime Lake Placid resident who passed away in late July of this year. Favor’s son, Favor J. Smith, also an attorney, worked with Flink Maswick Law PLLC for a number of years. Below please find the thoughts and reflections of Ed Flink about Favor R. Smith. From all of us at Flink Maswick Law to Favor’s family, we are thinking of you during this difficult time. Thank you, Jamey Maswick
By Flink Maswick Law July 22, 2025
Please note that our office in Tupper Lake will be closed due to construction renovation work from Monday, July 28, 2025 through Friday, August 1, 2025. During this time, our team will be available for in-person visits, calls, or email responses while they work from our Lake Placid office. We encourage you to plan accordingly and reach out if you have any questions. Our Tupper Lake office will resume normal operations again on Monday, August 4, 2025 at 8:30 a.m.  Thank you for your understanding and continued support. We hope you’re enjoying a safe and relaxing summer!
By Flink Maswick Law July 21, 2025
Attorney and partner Molly S. Hann of Flink Maswick Law PLLC was invited to speak to the Adirondack Champlain Valley Realtor group on July 17, 2025 at the Malone Golf Club. She spoke at the annual ACV realtor member meeting luncheon and discussed the topics of scams, fraud, and land scams. Molly spoke to a crowd of some 15 realtors that were present and took questions after.  If you would like Molly or another attorney associated with Flink Maswick Law PLLC to speak to your group, please do not hesitate to contact us regarding availability.
By Madison J. Marshall, Law Clerk July 17, 2025
Note from James L. Maswick – I asked our Law Clerk, Madison J. Marshall, to write a brief series on statutes of limitation in actions which involve personal injury. Madison’s series will explore how they can differ by cause of action, by defendant, and by the tort that is alleged. This is part 1 – we hope you enjoy reading! As always, for your specific situation, consult an attorney as soon as possible, as this series is for general information only.
By Flink Maswick Law July 3, 2025
Our offices will be closed on Friday, July 4th in observance of Independence Day. Happy Birthday America! We will reopen on Monday, July 7th at 8:30 AM .  We hope you have a safe and joyful 4th of July celebration with your friends and family!
By Flink Maswick Law June 26, 2025
Flink Maswick Law PLLC is proud to announce that attorney and partner Molly S. Hann has been selected as the “Best of the Mountains” Attorney/Lawyer by readers of the Adirondack Daily Enterprise and Lake Placid News. This marks the second consecutive year Molly has received this honor, a testament to her dedication to client service and legal excellence. While Molly is deeply honored by the recognition, she shares the credit with the talented team at Flink Maswick Law. Adding to the celebration, Flink Maswick Law PLLC was also named Best Law Firm in the same annual voting contest. Molly focuses her legal practice on: Real estate transactions Land use and zoning matters Estate planning and administration Not-for-profit legal support  Small business advising If you’re in need of legal guidance, we invite you to contact Flink Maswick Law PLLC. We’re here to support our community with trusted legal advice.
By Flink Maswick Law June 24, 2025
We are proud to share that Flink Maswick Law PLLC has been awarded the Best of the Mountains Readers’ Choice Award for 2025 in the law firm category by the readers of the Adirondack Daily Enterprise and Lake Placid News. This marks the third consecutive year our firm has been honored with this recognition, and we are truly grateful to everyone for their support. This achievement reflects the hard work and dedication of the entire Flink Maswick team. We know that this award would not be possible without the commitment, professionalism, and service our team brings to our clients every day. We also extend a heartfelt thank you to the readers of the Adirondack Daily Enterprise and Lake Placid News for their trust and continued support. For more details about the voting and to see our printed thank-you to clients and friends, please check out the June 27, 2025 and June 28, 2025 edition of both publications.  Flink Maswick Law PLLC has offices in Lake Placid and Tupper Lake, and serves clients at our Albany office by appointment .
By Flink Maswick Law June 18, 2025
In recognition of Juneteenth, our offices will be closed on Thursday, June 19, 2025. Our offices will reopen for normal business on Friday, June 20, 2025 at 8:30am.
By Flink Maswick Law June 13, 2025
On Sunday, we celebrate the strength, guidance, and dedication of all fathers. Thank you for the countless sacrifices you make every day.
Show More