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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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As a a 60 year old physician I am semi-retired and my wife and I travel the country to do work in my specialty at places that are shorthanded. Since I only work about 1/3 of the year we have time to drive to these places. Recently I was stopped on a highway in NY. I haven't had a speeding ticket since I was in my twenties. The officer said I was doing 81 in a 65 MPH zone (my reading 76 while trying to pass a slow moving vehicle with a line of cars behind me trying to get by me as well). I read the reviews and chose Attorney Azria.

The office staff was pleasant and efficient, and put me right through to Attorney Azria. He explained the process with perfect clarity and went to work. Although he explained the process could take 4-6 weeks he resolved the issue in 10 days, reducing the violation to a non-moving violation with a small fee and no points. His price was more than fair.

I've been lucky enough as a physician to have never been sued but doctors by nature do not have an affinity for lawyers. However, if you find yourself in need of one, it is hard to imagine someone better at their job than Attorney Azria. Thank you sir. If I could give you 6 stars out of 5 I would.

Norman D. Miller, MD posted to Yelp

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fter 6 years of obeying the speed limit (or rather, not getting caught), my luck ran out and I was stopped for a 74/55. I called David and he immediately remembered me from 6 years ago and was happy to help me out again! I was impressed yet again, both with his professionalism , communication, and expedience (also impressed that the rate was not much more). After many failed attempts at managing this ticket myself and contacting the Court, David was immediately able to get the attention of the relevant parties. Within weeks, my ticket was completely dismissed! I cannot recommend David and his office enough! Although I would rather not need to seek this kind of counsel, I am sure I will be calling him back next time I find myself seeing blue in my rear view. Thanks David!

After getting two tickets within a month, David reduced my retainer fee on the second ticket as a "returning client" discount. I knew I had made the right choice at that point. David was personally accessible to any and all concerns that I had regarding my tickets. His staff was also very pleasant and extremely diligent in making sure we had everything in place. David was successful in negotiating what could have been a total of 8+ points between two tickets down to only 2 points. I will refer David to all of my NY friends as my experience made the best out of an otherwise unfortunate situation.

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Id like to say thanks to Mr. Azria and Azria & Bruffett Law Firm to solved my case, I felled that they are very supportive and i would recommend the peoples, that in any case select Azria as a your layer.

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I have used their services numerous time and have never been let down. My go to for all traffic court matters.