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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 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.

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I contacted Azria & Bruffett to handle my traffic ticket after an accident in upstate New York. I found them via a random Google search and appreciated the clarity of the information presented on their website and in initial communications. Throughout the entire process they were extremely clear and helpful. My case got a little complicated for random reasons, and they went beyond their initial scope to pursue the case on my behalf. I really appreciate their work.

Awesome job

I received a ticket for speeding in Warrensburg, NY for going 20mph above the speed limit - a 4 point and >$200 offense. Mr. Bruffett took the case and had the ticket reduced to a 0 point $150 offense. Great result. I highly recommend his services.

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Got a speeding ticket doing 80 in a 65 while on the way to drop my cousin to RIT upstate. Found this firm online, spoke to Ralph & worked with Monica. Was nice and simple process they took care of everything, saved me a drive from NYC upstate. Would highly recommend them to anyone needing to have a speeding ticket handled without the hassles.

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