Can You Legally Drive 5 MPH Over The Speed Limit In New York State?
If you're caught driving just five miles per hour over the speed limit, can you be ticketed? I really should be asking the question, "Can people who drive five miles per hour under the speed limit, in the passing lane, have their driver's licenses taken away?" In my opinion, people who drive unbearably slow in the fast lane are more of a danger than someone driving just a little bit faster than the posted speed limit. But alas, I digress.
New York Can Now Fine You For Speeding Without Ever Pulling You Over
Any driver in New York State who is caught speeding in one of the automated speed enforcement construction zones will automatically be fined. Automatic cameras will capture speeding driver's license plates and the state will send out Notices of Liability. As of May 17, 2023, anyone caught traveling above the posted speed limit in a work zone, will receive an actual Notice of Liability, which will require the registered owner of the vehicle to pay a fine.
New York Vehicle & Traffic Law § 1180-E allows for automated speed monitoring in certain construction zones around the state. The program, which is a joint effort by the State Department of Transportation (NYSDOT) and the Thruway Authority (NYSTA), will last for five years.
The NYSDOT and the NYSTA may impose a fine on the registered owner of a vehicle speeding in a work zone on a controlled access highway.
Because the speed detection is automated, the owner of the vehicle (the person who holds the registration) will receive the fine. So, if your family member or friend is driving your car, you will be the one held responsible.
Can You Get A Ticket If You're Caught Driving 5 MPH Over The Speed Limit?
Have you ever been driving just a few miles per hour over the posted speed limit, thinking that it's fine? I mean really, what cop is going to pull you over for doing 65 mph in a 60 mph zone? Well, you might be right...but you also could be very wrong.
New York State traffic law says that a driver can be ticketed and fined for traveling 1 mph over the speed limit. The lowest range to be ticketed is 1 to 10 mph.
If you're caught speeding in the 1 to 10 mph range you could receive 3 points on your driver's license.
The fine for speeding up to 10 mph over the limit is a fine between $45 to $150. You could also be facing up to 15 days in jail.
I would imagine that context also makes a difference. If you were doing 65 mph in a 60 mph zone, you may be less likely to be pulled over than if you were doing 5 mph over the limit in a school zone. Also, with the automated work zone speeding program, it's not left up to the discretion of a police officer, since cameras capture drivers' speeds.
So, the moral of the story is that you could be pulled over by a cop who is having a bad day and they could technically write you a ticket, even if you were going 3 mph over the speed limit.
** This article is not intended to provide any legal advice or counsel
