Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

Traffic Ticket Articles

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)

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

Don't plead guilty. .

Our experienced traffic defense lawyer is available to talk to you about your case.

Accepting Cases in Onondaga County Only.

Free Consultations. Call Now.
(315) 396-8006




 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
Hire your traffic lawyer online. Start Now
Google Review

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!

Google Review

Unfortunately I'm a repeat customer.... Fantastic, great results for me.... I've dealt with other lawyers and it's just night and day.... Hopefully I'll never need them again but if I do I'll definitely call

W Legend
Google Review

I am very pleased with Mr. Azria's service, and the outcome of my case. If you find yourself in need of a traffic lawyer, I highly recommend contacting him.

Take it from a Fellow Attorney, Seth Azria is wonderful and gets the job done.

I am an attorney working in the lower Hudson Valley. I had an unfortunate brush with the law on my birthday of all days! which resulted in my receipt of a speeding ticket en-route to a wedding in Buffalo. I'd never had any other infractions on my record and this offense is certainly not an area in which I specialize. I was very upset and worried but immediately upon calling Mr. Azria all of my fears and concerns melted away. Mr. Azria was able to plead my ticket down to a minor violation with no points and a small fee to the Court. Mr. Azria was quick, efficient and responsive. I never had a moment of worry that my case was being neglected. Mr. Azria and his team answered any questions that I had and kept me informed throughout the process. I could not have asked for a better team in my corner and you can't beat the price. You would have thought that I spent a small fortune for the quality of service that I received. Take it from me, Mr. Azria is the attorney you want representing you.

Jennifer posted to Avvo