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Speeding Tickets 3 min read

The Speeding Charge That Does Not Depend on MPH

By Seth M. Azria, Esq.

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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I called Mr. Azria due to a speeding ticket in another county. He gave me a price quote upfront and within a few days had gotten my 4 point offense reduced to a non-moving violation. All in all I only had to email him the ticket information and pay him a very reasonable fee(which I was able to do online). He did the rest, very convenient. He was very quick to respond to me and readily available if needed. Mr Azria also contacted me with updates via both email and regular mail. I am very satisfied with his services and will use him if needed in the future.

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A fantastic experience and wonderful representation. Got my ticket reduced to 70 in 65 with a very difficult judge. Original speeding ticket was significantly higher and I owe the reduction entirely to the A&B legal team - highly recommended!

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Seth Azria and his team are the absolute BEST in the game. During the initial consultation Mr. Azria was very thorough in explaining the whole process and possible outcomes. The fees were VERY reasonable. The level of responsiveness was superb. Kudos to Monica as well!!!! - I appreciate all of your assistance. It’s never fun to get a ticket out of state. But thanks to this team, they turned a stressful incident into a quick, easy and painless situation. I would HIGHLY recommend this firm to anyone who is looking for an attorney in the area.

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