Do school zone speed limits apply in the summer?
You were driving by a school in midsummer, just thinking about how much fun you used to have as a kid on summer vacation. You know there were no children in school, so how did you end up with a speeding ticket in a school zone? Do school zone speeding limits apply in the summer? What about holidays? Snow days? Could you be responsible for that speeding ticket even if no school was in session?
Dealing with any speeding ticket in New York can be challenging, but that does not mean you cannot dispute that ticket. A New York speeding ticket lawyer with Feifer & Greenberg, LLP, can help you fight that ticket, and that could protect your license while also working to reduce your fines and other penalties.
What are the laws regarding school zone tickets?
Under New York State law, any time the school building is open, and the speed zone lights are flashing, or there is a fixed sign indicating the hours of the lower speed limit, then you need to obey those rules. If you fail, you may be issued a ticket for speeding in a school zone.
For example, a school may be officially closed during the summer months. However, students may come and go from the school building for summer school or group programs. In this situation, the building is officially open, so the school speed zone applies.
It is often best to simply obey that speed limit. Unfortunately, even enforcement officers might not know exactly when school speed zones are in effect. Even if the officer issues a ticket and is incorrect in applying the law, you’d still need to go to court and incur some time/expense to make your case. Unless it’s very late at night or an otherwise obvious situation, our advice would be to err on caution, add a few seconds of travel time to your trip, and proceed within the school zone limit whenever you can.
Note that in NYC, as of August 1, 2022, they took all the guesswork out of exactly when schools are in session and school zone limits are in effect. As of that date, violations are issued 24 hours per day, 7 days per week. There is enough activity in and around schools in the city that they’ve simply permanently lowered the speed limit regardless of the day or time.
In any case, if you get a ticket and don’t agree that you were driving that fast or don’t feel it was a school zone during the school day or school hours, it is worth trying to get it lowered or eliminated by taking the appropriate steps in court. We feel the same way, even if you think the ticket was issued properly. In such cases, eliminating or lessening the penalties may still be possible.
What type of defense is there for a school zone speeding ticket?
When you speak to a speeding ticket attorney, you will provide more information about your case to fully understand what you can expect and what strategy your attorney will employ.
The reality is that there is no magic argument to make every speeding ticket go away. There are no exceptions to the law, emergency defenses, or legitimate reasons for someone untrained and not driving an emergency vehicle with lights and sirens to speed. There are, however, certain steps an officer must take, certain tests that must be performed on the equipment, and certain information that must be provided to a court before there will be a speeding violation conviction. A New York speeding ticket attorney who understands all this will try to find ways to work it out in their client’s favor regardless of whether it was a justified speeding ticket.
What if I am issued a camera speeding ticket?
When driving through a school zone, a ticket can be issued by a police officer, but it is also very common for speed cameras to be posted in school zones. These tickets are less serious (there are no points, no insurance impact, and no reason to hire an attorney) but still can be costly enough that a person may want to take some time to try to fight it on their own. Here are some possible defenses:
- Can you show that the violation occurred on days that the school zone was operating outside of the enforceable days or the required hours? (note that as of 8/1/22 this is no longer a possible argument in NYC)
- Can you show that you are not the owner of the vehicle. Sometimes cameras capture the wrong vehicle or a license plate number is just slightly off.
- There is some evidence that indicates that the camera was malfunctioning on the date when the ticket took place.
- Your car was stolen and, therefore, it was not you driving it.
Since no attorney is needed to contest a camera ticket our lawyers don’t have a lot of information to provide. Nevertheless, we encourage people to fight it on their own if they think the ticket wasn’t justified.
Why trust our team for help with your speeding ticket?
There are implications to speeding ticket convictions. Fines, surcharges, assessments and insurance rate hikes are all possible. Suspension and employment issues and even immigration issues can be a problem in certain situations. It is important to handle speeding tickets properly.
Our speeding ticket defense attorneys in New York can help. It starts with a phone call to Feifer & Greenberg, LLP. When you call us at (888) 842-5384, you can request a free consultation to discuss your ticket and to get insight regarding your options and what you might expect if you proceed with our firm. Call our firm and speak with a New York speeding ticket lawyer now to find out how we can help.
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We have organized a statewide network of attorneys. In our network are both attorneys who work for Feifer & Greenberg and attorneys who work for other firms that regularly provide of-counsel representation to our clients. This statewide network allows us to match clients in a particular county or court with local attorneys who regularly appear on similar matters in the same county or court. It enables us to help clients anywhere in New York State and in our opinion provide particularly effective and affordable representation for our clients. Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low.
We recommend fighting almost all tickets. Even if the current NY traffic tickets aren’t particularly harmful, you have an incentive to keep your record clean for the future. Convictions quickly lead to surcharges, insurance increases and other complications. You should strongly consider any decision to pay a ticket without fighting.
Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Experience, preparation and good decision making help us to help our clients avoid points, surcharges, insurance increases and the other negatives that can easily result from a traffic ticket.
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