Did You Know That You Can Drive Within The Posed Speed Limit & Still Get a Speeding Ticket??
As you are probably aware, most speeding summonses are issued by Police Officers or State Troopers. They are experts in estimating speeds and using speed detection equipment. They usually charge a motorist with going a specific speed over the posted speed limit. For example, driving 75 mph in a 40 mph zone (an 8 point summons). The point system for Speeding summonses in New York is referenced above.
You should also be aware that a summons for Speed Not Reasonable and Prudent can be issued. VTL 1180a provides that no person shall 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. Basically the Police Officer can allege that you were going too fast for the condition of the road and traffic. It is common sense to reduce your speed during bad weather conditions. This includes torrential rain, snow, or fog. When the roads are not clear you must drive in an appropriate manner. If you are driving at a high speed that can prevent you from stopping your vehicle quickly when the roads are wet or slick. A lot of motorists think because their car may have 4- wheel or all wheel drive that this rule doesn’t apply to them.
This type of summons can be issued when a motorist is involved in a car crash, for example when a driver didn’t reduce their speed due to construction and spins out of control on the highway and hit a median. Or when a driver swerves and their car ends up on the side of the road in an embankment. While receiving a summons for this might not be common, it is very possible. In scenarios like this, a summons is issued because if the motorist was not driving in a reasonable and prudent manner.
Convictions for summonses for Speed Not Reasonable and Prudent will result in three (3) points on your driver’s license. The minimum fine is $138. If you are convicted of three (3) Speeding Tickets received within an 18 month period, your privileges will be revoked. If you or someone you know has recently received a moving violation in New York, contact me immediately. I can fight for you. Hiring an experienced Traffic, Criminal, TLC and CDL Attorney can be the difference between being found guilty and maintaining a clean license. Don’t hesitate to call my office at 212-227-9008 or email me at firstname.lastname@example.org.
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