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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 am very pleased with the outcome of my case. I contacted Ralph Habib from the Azria & Bruffett group to represent me in my defense in connection with a speeding ticket. I had the opportunity to speak with Mr. Habib and found him to be professional and diligent in this area of law. I felt his background and experience would undoubtedly be the right choice. Shannon Liparulo the Paralegal was great at keeping me informed as to the status and sharing the outcome of the case with me. She always answered and returned my calls and emails. I honestly recommend Mr. Ralph Habib and the team from Azria & Bruffett! Thank you Mr. Habib and Shannon. From Mel. S.

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Azria & Bruffett Law Firm PLLC is a great law firm to handle all your speeding traffic tickets and more! Lawyer Azria is very professional, courteous, and helpful. He is willing to answer all you inquiries and very patient to explain all the details and the process how a case works. I am really satisfied with his service. I got a speeding traffic ticket 🎫 in upstate, 4 points, and he downgraded my points to 0. He has great and affordable prices among other lawyers. I highly recommend him!

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