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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've never had a ticket ever and decided to go with this law firm to help me. Seth listened to my situation, answered my questions, and set the expectation. I was kept up to date every step of the way and am very satisfied with the outcome of my case.
Professional and reliable, highly recommended

After receiving a ticket upstate NY, I contacted Seth's firm based on the great reviews on this board and was really happy that I made this choice.

Seth explained the possible outcome in my case when I first called him and managed to achieve exactly what he told me, which shows that he is experienced and knowledgeable in his area of practice. He successfully negotiated with a DA a reduction of charges from a 6 point speeding to a non-speeding violation without me having to appear in court in person.

Monica, Seth's paralegal, kept me informed of all necessary details throughout the whole two month process and I received a response to every email that I sent to the firm.

I would highly recommend Seth's firm for anyone looking for reliable and professional attorney services.

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Drivers License Revocation

Recently I lost my drivers license due to receiving multiple tickets in a six month period. Along with that I had a misdemeanor and some other points on my license record. I had received a notice from dmv and was going to have to be without my drivers license for 2 years. I got in contact with Seth Azria at the Azria Law Office to see if there was anything at all I could do about my predicament. Seth Azria worked on my case and within a short amount of time I got a notice in the mail from dmv saying that the revocation order for my license has been rescinded. I would highly recommend the Azria law firm to anyone who is in need of legal assistance. Very easy to work with as well.

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The Azria Law Firm did a great job for me in handling my speeding ticket. Not only was my case resolved favorably, but Azria managed the process conveniently and professionally from start to finish.

Thank you so much. My highest recommendation to the Azria & Bruffet Law Firm!