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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)

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I highly recommend Azria & Bruffett Law Firm for their professional service handling traffic tickets. I got my first speeding ticket in October 2021 after driving in US for 8 years. Since I never had an experience dealing with traffic ticket before, I have no clue how to proceed the next steps. After asking for opinions from friends, I decided to ask for professional help because speeding ticket highly depends on states and there is no universal answer. After reading other people's review about Azria & Bruffett Law Firm, I decided to use their service to handle my case. I followed their step by step protocol to provide information and the firm would work with clients swiftly and closely and negotiate best interest. Most importantly, they are highly responsive and will proactively give updates. In summary, I start having a piece of mind since the moment I signed the contract. They charge a reasonable price for my case and I am very happy that my ticket got dismissed after 2 months

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Seth was able to reduce my 6 point speeding ticket to 0 points with a small fine. His office was responsive and kept me up to date. I did not have to appear in court, they pretty much took care of everything.

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