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More Speeding Charges Not Controlled by Posted Limit

by Seth Azria on 5/06/2019
Speeding Tickets 3 min read

More Speeding Charges Not Controlled by Posted Limit

By Seth M. Azria, Esq.

As discussed in a previous post about New York Vehicle and Traffic Law (“VTL”) §1180(a), in addition to obeying the posted speed limits, drivers must also drive at speeds reasonable and prudent under the circumstances on the road at the time.

1. Specific Circumstances Under VTL §1180(e)

While VTL §1180(a) announces the general rule, VTL §1180(e) defines specific, hazardous circumstances that legally require an appropriate speed reduction:

  • When approaching and crossing an intersection or railway grade crossing
  • When approaching and going around a curve
  • When approaching a hillcrest
  • When approaching and passing by an emergency situation involving any authorized emergency vehicle which is parked, stopped, or standing on a highway and which is displaying one or more red or combination red, white, and/or blue lights (pursuant to VTL §375.41(4)(b)(2))
  • When traveling upon any narrow or winding roadway
  • When any special hazard exists with respect to pedestrians, or other traffic by reason of weather or highway conditions, including, but not limited to, a highway construction or maintenance work area

2. Penalties for a VTL 1180(e) Conviction

Please remember that speeding in New York is determined by more than just the posted speed limit. To avoid tickets, your speed should always be appropriate and prudent for the driving conditions. Failing to do so under VTL 1180(e) carries distinct penalties:

Penalty Element Standard Consequence
Points Assessed 3 Points
Maximum Court Fine Up to $150
Mandatory NY State Surcharge $93 ($88 in City Courts)
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