More Speeding Charges Not Controlled by Posted Limit
by Seth Azria on 5/12/2019
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.
While VTL 1180(a) announces the general rule, VTL 1180(e) defines specific circumstances that require an appropriate speed:
- 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, and
- 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.
A conviction for VTL 1180(e) carries 3 points and maximum fine of $150 plus a $93 or $88 surcharge.
Please remember that speeding in New York is determined by more than the posted speed limit. To avoid all tickets, your speed should always be appropriate and prudent for the driving conditions, no matter the posted limit.
If you are ever ticketed for speeding, rather than pleading guilty, please call us for a free consultation.