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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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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a short amount of time I got a notice in the mail from dmv saying that the revocation order for my license has been rescinded.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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Great Attorney, excellent service provided!

Driving back from Canada I received a large speeding ticket in NY. I thought this time instead of the PA making a mockery of me and traveling back up to NY I'd enlist the help of an attorney. Azira & Bruffett were the first firm that populated and the only one I needed. His staff was great, very communicative and friendly, David, was very easy to work with. Very knowledgeable and explained everything perfectly to me. I hope i never need another attorney in NY again, but if I do, David Bruffett will be the first I contact.

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Excellent experience with this law firm from Syracuse. Mr. Seth Azria Esq. handled my speeding ticket in Watertown, NY with no problem for a reasonable $ 250 fee and saved me a plethora of points and high insurance rates. It was difficult to be a tourist with an out of state license plate on a rental car and not being familiar with local speed traps of 30 mph.... I would use the Azria & Bruffett Law Firm again in a minute if I ever get another ticket in NY. It is especially handy that they will take credit cards over the phone or online. Some firms I checked with required cash and I had already left the state.

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Seth outlined what was going to happen, how long it was going to take, and it all worked just as he predicted. Couldn't be happier.