New york state vehicle and traffic law look up

The condition of the road must be taken into account. While the majority of people do drive slower in inclement weather, for example, we all are familiar with the driver whom is at the speed limit, but is clearly driving faster than the other cars, and is driving unsafely. This section allows for the ticketing of such a driver. Drivers are cautioned to be wary of actual — such as ice on the roadways — and potential hazards — such as possible debris on roadways from storms — while driving. How fast is too fast can really be summed up in two words — drive reasonably. During Super Storm Sandy, for example, driving any speed was unreasonable.

Fines and Penalties for Violating Section 1180(a)

Therefore, driving a mere 1 mile per hour can arguably be a violation of this section. A light rain, on the other hand, will allow for a speed closer to the actual speed limit. In NY v. Whereas subsection b prohibits driving above a certain limit, subsection a governs driving irrespective of the posted speed limit, but rather, the conditions of the road. In Peschieri v Estate of Ballweber AD2d [] , a passenger on a motorcycle was killed when the driver of the motorcycle crashed because of a car which had made an illegal turn.

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In this ruling, the court had highlighted the importance of factual evidence that proved that the driver was not driving unreasonably. As there was no way to predict any potential dangers, no violation had occurred. Merely causing an accident will not suffice. There must be actual unreasonable driving in order to violate the statute. As we can see from both the language of the statute and the associated cases, whether you are convicted of violating the statute will be dependent on what is to be considered reasonable and prudent based on the road conditions.

NYS Vehicle Traffic Law Drivers License Point Guide | VTL

As this is a subjective question, attorneys are vital to assist in litigating this central question. How fast is too fast does not have a definitive answer. Certain situations warrant a reduced speed.

What speed that is, however, will require testimony and the introduction of evidence. If you have been ticketed for a violation of a Speed Not Reasonable and Prudent, the experienced attorneys at Rosenblum Law can help fight your ticket and save you from points, fines, and auto insurance increases. Call us for a free consultation at I was going 30 35 mph on a secondary road that is not well maintained.

There is a lot of pot holes. I hit one and went into a slide hitting a guard rail and crossed the road hitting a guard rail on the other side. I was ticketed for speed inprudent.

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Should I fight this ticket? I also was ticketed for leaving the scene of a property damage accident. Hello Beverly and thank you for your question. To answer, due to the serious consequences involved with this violation, i would strongly suggest contesting these tickets. We would be happy to provide you with a free consultation. You may reach us at My charge text was Imprudent Speed.

NYS Vehicle and Traffic Law Information

The only things that arent filled out in my ticket are the mphs that I was doing and the mph of the actual road. I went to court and plead not guilty on behalf of the ticket now I have a trail coming up and dont know how to prove that I wasnt driving prudent. The roads were crappy out and I was doing maybe 30 mph if that in a 45 mph zone. You are charged with a violation that alleges that your speed was imprudent, not that you were driving over the speed limit.

This offense is frequently charged in circumstances such as yours — where it is assumed that you were speeding based on the subsequent events that had occurred. Due to the large number of requests received by this office, it may take up to 4 weeks to receive a response. Incomplete forms, unsigned forms or forms submitted without the required documents will not receive a response.

Traffic Violations: How to Handle a NY Traffic Ticket

Requesting a reduction does not excuse you from scheduled court appearances. Please contact the court where the ticket is pending click here for local court addresses and phone numbers to request an adjournment to allow you time to receive a response from this office.

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When you receive an offer from the District Attorney, you may accept it by signing the offer form and mailing it to the court at the address on the form. If you choose not to accept the offer, you must contact the court to schedule a trial date on the original charge s.