Seth Azria Logo

NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

Speeding Tickets 3 min read

The Speeding Charge That Does Not Depend on MPH

By Seth M. Azria, Esq.

Receiving a speeding ticket that does not reference a particular speed, while confusing to many, is entirely possible in New York. The basis for this ticket is New York Vehicle and Traffic Law (VTL) §1180(a).

VTL §1180(a) states in relevant part:

“No person may drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”

1. You Do Not Need to Be Over the Posted Limit

There is no requirement that the police officer allege a specific speed in miles per hour (MPH), only that your speed was not “reasonable or prudent under the conditions...then existing.” Here are two common scenarios where drivers receive this charge despite driving below the posted speed limit:

  • Weather-Related Accidents: While driving in bad weather (such as snow or heavy rain), a vehicle slips off the road. The police arrive at the scene and issue the driver a speeding ticket under §1180(a), assuming that if they slid, they were going too fast for the wet or icy conditions. (See People v. Miller, 57 AD3d 568 (2nd Dept. 2008)).
  • Hazardous Road Conditions: A road crowded by pedestrians or narrowed by parked cars creates a set of circumstances where even a speed lower than the posted limit may be charged as speeding that is not reasonable and prudent. (See St. Andrews v. O’Brien, 45 AD3d 1024 (3rd Dept. 2008)).
Penalties for §1180(a):
Want to know exactly what this charge could cost you in points and fines? Check out our detailed breakdown on Fines and Points for §1180(a).
Don't Mail in a Guilty Plea

Like all other traffic tickets, we strongly recommend against blindly mailing in a guilty plea to the court. The impact of this ticket on your finances and your ability to drive can often be reduced by pleading not guilty and negotiating with the prosecutor. We have negotiated thousands of tickets and welcome your call.

Call for a Free Consultation Contact Us Online
Professional & Trustworthy

I contacted the office after receiving a speeding ticket. I was informed of my options and the likelihood of various outcomes and retained the services of the Azria office. The entire process was seamless and I was informed of the progress of the proceedings every step of the way. In the end, the case was reduced to a non moving violation. I would highly recommend the firm.

Michael posted to Avvo
Google Review
Seth outlined what was going to happen, how long it was going to take, and it all worked just as he predicted. Couldn't be happier.
Google Review
Left a voicemail on Mr Azria's phone, he called me back within the hour. He gave me a clear assessment of the situation in regards to my speeding ticket and wouldnt you know, the ticket was in the end dismissed. Finally an attorney you can trust that gets the job done as promised!
THE lawyer you need when dealing with NY State & upstate Cops

TWICE I reached out to Seth when I got speeding tickets in upstate NY about a year apart. The first ticket was reduced significantly so it gave me great confidence to call Seth from the highway when I got the second ticket! 

With each ticket Seth explained what my options and risks were. He delivered exactly what he promised in each event. He really knows the DA's in each county that he had to deal with and was able to get the second ticket which was a monster 6 pointer to ZERO points!  The fact that I did not have to waste time and wages to appear in court was priceless.

I emphatically recommend Seth for anyone with a New York State or an upstate speeding ticket.

anonymous posted to Avvo