Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

Traffic Ticket Articles

The Speeding Charge That Does Not Depend on MPH

by Seth Azria on 5/06/2019

Receiving a speeding ticket that does not reference a particular speed, while confusing to many, is possible in New York. The basis for this ticket is New York vehicle and traffic law section 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”

There is no requirement that the officer allege a particular speed only that the speed was not “reasonable or prudent under the conditions...then existing.”  One possible scenario is while driving in bad weather, a vehicle slips off the road. The police arrive at the scene and issue the driver a speeding ticket, even though the driver may have been traveling below the posted speed limit. See People v. Miller, 57 AD3d 568 (2nd Dept. 2008). 

Another scenario could be a road crowded by people and narrowed by parked cars is another set of circumstances where a speed lower than the posted limit may be charged as speeding not reasonable and prudent. See St. Andrews v. O’Brien, 45 AD3d 1024 (3rd Dept 2008).

Like all other traffic tickets, we strongly recommend against mailing in a guilty plea to the court. The impact of this and other tickets on your finances and 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 for a free consultation with one of our lawyers.

See  Fines and Points for §1180(a)

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

Don't plead guilty. .

Our experienced traffic defense lawyer is available to talk to you about your case.

Accepting Cases in Onondaga County Only.

Free Consultations. Call Now.
(315) 364-1155




 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
Hire your traffic lawyer online. Start Now
Google+ Review

Azria and Bruffett were great! They helped us resolve a traffic ticket and were always available, responsive and courteous. I would highly recommend them!!

Leah Z. Huberman posted to Google+
Google Review

Mr. Azria got my speeding ticket dismissed easily. He handled the job very well. I would recommend him to anyone who needs help with traffic tickets and more!!

Speeding Tickets x 2

Mr. Bruffet and his office staff handled 2 speeding tickets for me. One was last year and was moved to a non-moving violation and this last one was a significant reduction in points and surcharge. I am so pleased and have provided my healthcare firm with his information as we travel across Upstate NY on a daily basis. Highly recommend.

Tracey posted to Avvo
Awesome job

I received a ticket for speeding in Warrensburg, NY for going 20mph above the speed limit - a 4 point and >$200 offense. Mr. Bruffett took the case and had the ticket reduced to a 0 point $150 offense. Great result. I highly recommend his services.

Kamel posted to Avvo