1 MPH Speeding Penalty in New York

Many motorists are surprised to learn that going just 1 mph over the speed limit in New York can result in a speeding ticket with penalties. In New York State, there is no "grace" or "buffer" speed—if you exceed the posted speed limit by even 1 mph, you can be issued a speeding ticket. Understanding the 1 mph speeding penalty in New York is important, as even this seemingly minor violation can result in fines, points on your license, and increased insurance premiums.

The penalties for speeding in New York are based on how many miles per hour over the speed limit you were traveling. For speeds between 1 mph over the limit and 10 mph over the limit, you will receive three points on your driving record and a fine of $138. This means that even if you were only going 1 mph over the speed limit, you face the same penalties as someone going 10 mph over. Unlike more serious speeding violations, a 1 mph speeding penalty does not trigger a Driver Responsibility Assessment Fee, which only applies to speeds 21 mph or more over the limit.

What is the 1 MPH Speeding Penalty in New York?

The 1 mph speeding penalty in New York falls into the lowest tier of speeding violations, but it still carries significant consequences:

For 1-10 MPH Over the Speed Limit:

• Points: 3 points added to your driving record
• Fine: $138
• Driver Responsibility Assessment: None (only applies to speeds 21+ mph over)
• Insurance Impact: Points can lead to increased insurance premiums

While a 1 mph speeding penalty may seem minor, the consequences can add up. Three points on your license can significantly increase your car insurance rates. Additionally, if you accumulate 11 or more points within 18 months, your license can be suspended. This makes it important to fight even a 1 mph speeding ticket, especially if you already have points on your record.

Why You Can Still Get a Ticket for 1 MPH Over

New York State law does not provide any tolerance or buffer for speeding violations. According to Vehicle & Traffic Law Section 1180, it is illegal to drive at a speed greater than the posted speed limit. This applies whether you're on a 55 mph highway, in a school zone, or on any other road. This means that if the speed limit is 55 mph and you are traveling at 56 mph, you are technically in violation of the law and can be issued a ticket.

However, it's worth noting that most police officers use discretion and typically do not issue tickets for speeds that are only 1-2 mph over the limit, unless there are other factors involved (such as aggressive driving, school zones, or construction zones). That said, if you do receive a ticket for going 1 mph over the speed limit, it is a valid citation that can be enforced.

Fighting a 1 MPH Speeding Ticket

Even though a 1 mph speeding penalty may seem minor, it's often worth fighting the ticket. There are several reasons to contest a 1 mph speeding ticket:

• Points on Your License: Three points can increase your insurance premiums for years
• Accumulation of Points: If you already have points, adding three more could push you closer to license suspension
• Insurance Costs: Points can result in significantly higher insurance rates
• Driving Record: A clean driving record is valuable and worth protecting

There are several defenses that can be used to fight a 1 mph speeding ticket. These include challenging the accuracy of the speed measurement device, questioning whether the officer properly calibrated their equipment, identifying errors in the ticket itself, or negotiating for a reduction to a non-moving violation. An experienced traffic ticket lawyer can help identify the best defense strategy for your case.

In many cases, even if you were technically speeding, a traffic ticket attorney may be able to negotiate a reduction to a non-moving violation (such as a parking ticket or equipment violation) that carries no points and has minimal impact on your insurance. This is often possible because prosecutors and judges recognize that 1 mph over the limit is a very minor violation. An experienced attorney can help you understand your options and work toward the best possible outcome for your case.

Comparison: 1 MPH vs. Other Speeding Penalties

To understand the 1 mph speeding penalty in context, here's how it compares to other speeding violations in New York:

As you can see, the 1 mph speeding penalty places you in the lowest tier, but you still face the same 3 points and $138 fine as someone going 10 mph over. This is why it's important to fight even minor speeding tickets—the penalties are the same regardless of whether you were 1 mph or 10 mph over the limit. Additionally, if you receive multiple tickets that result in 11 or more points within 18 months, you could face license suspension.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a traffic ticket defense firm that has helped hundreds of clients fight speeding tickets, including tickets for going just 1 mph over the speed limit. We understand that even a minor speeding violation can have significant consequences, and we work diligently to achieve the best possible outcome for your case.

Our attorneys have extensive experience fighting speeding tickets throughout New York State, including in New York City's Traffic Violations Bureau and in town and village courts across the state. We know the strategies that work to get tickets dismissed or reduced, and we can often negotiate reductions to non-moving violations that carry no points. This can help you avoid the insurance rate increases that typically accompany points on your license.

An additional benefit of retaining an attorney is that you will not have to appear personally in court. Your lawyer can make all the necessary court appearances in your place. The Benjamin Goldman Law Office charges all motorists a one-time flat fee for all the legal services to fight your ticket. It will include all court appearances including conducting the hearing. We also provide all motorists with a free 10-minute consultation. You can contact us at your convenience via text message or phone call.

Fight Your 1 MPH Speeding Ticket