Receiving a speeding ticket that does not reference a particular speed, while confusing to many, is entirely possible in New York. The basis for this ticket is New York Vehicle and Traffic Law (VTL) §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.”
1. You Do Not Need to Be Over the Posted Limit
There is no requirement that the police officer allege a specific speed in miles per hour (MPH), only that your speed was not “reasonable or prudent under the conditions...then existing.” Here are two common scenarios where drivers receive this charge despite driving below the posted speed limit:
- Weather-Related Accidents: While driving in bad weather (such as snow or heavy rain), a vehicle slips off the road. The police arrive at the scene and issue the driver a speeding ticket under §1180(a), assuming that if they slid, they were going too fast for the wet or icy conditions. (See People v. Miller, 57 AD3d 568 (2nd Dept. 2008)).
- Hazardous Road Conditions: A road crowded by pedestrians or narrowed by parked cars creates a set of circumstances where even a speed lower than the posted limit may be charged as speeding that is not reasonable and prudent. (See St. Andrews v. O’Brien, 45 AD3d 1024 (3rd Dept. 2008)).
Penalties for §1180(a):
Want to know exactly what this charge could cost you in points and fines? Check out our detailed breakdown on
Fines and Points for §1180(a).
Don't Mail in a Guilty Plea
Like all other traffic tickets, we strongly recommend against blindly mailing in a guilty plea to the court. The impact of this ticket on your finances and your 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.
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