Incorrect MPH Zone Written on Speeding Ticket

[graymonkey44]

My question involves a speeding ticket from the State of: New York

I was traveling towards albany on I-90 East. I got off at exit 24 albany exit. When I got off I was going to exit 1S, I think it is. The sign says Route 20 Western Ave. It's right where the Crossgates Mall Road is.

Instead of going into the mall, I moved into the left lane and started going towards Western Ave. I didn't realize how fast as I was going and didn't even see him put his lights on, but as I turned right onto Western Ave. I see a state trooper's lights go on so I pull over. I have no idea where the state trooper was waiting, so he caught me off guard.

He tells me I was speeding and then takes my driver's license. He doesn't tell me how fast I was going or what the speed limit is, just takes my license and registration and goes back to his car. I wait for like 10 minutes and he comes back with the ticket. I didn't even see any speed limit signs on that road anyways.

He tells me he clocked me at 63mph but only wrote in 60mph on the ticket and that I was going that fast in a 45mph zone.

My girlfriend's in the car with me and the officer leaves and as we drive away, she notices that he wrote that I was going 60mph in a 20 mph zone.

I went to bring it to a lawyer to see if he could do anything about it, or to get it reduced and he kept asking me where it was and I kept trying to explain to him where I got the speeding ticket. I told him the location written on the ticket was SR910F and he was kind of being rude about it. He didn't understand it. All he said was I had to go back to where I got the ticket and be completely sure that it was a 45mph zone. I don't even remember seeing any signs for the speed limit at the certain location, but the officer himself told me it was a 45 mph zone. Does that even matter what the officer said since I can't prove that he said that unless he openly admits to it.

I'm not sure where to go from here. Should I plead not guilty and tell the judge that the officer wrote the wrong mph zone? What would happen then? Is there any way I can get this dismissed? Any help would be greatly appreciated.

Edit: And the the VTL Section is 1180d

[MysticX23]

I think many officers do it to be nice, so that your fine is less. I don't know about NY, but in CA, if an offender us <15 mph over, then the fine is less than if I am > 15mph.

Maybe 15mph is a cutoff for NY? But if you are trying to contest that the officer wrote your speed less than what he clocked you in as and you want to dismiss the case based on that, I think that would be a difficult case to win.

[blewis]

This is a photo from Google Maps right where you merged. Since this is the ONLY speed limit sign on Adirondack Northway -- until it reaches the T-intersection with Route 20, the speed limit SHOULD have been noted as 45 MPH, not 20.

My guess is that the "20 MPH speed limit" derives from Route 20 (Western Ave), which coincidently has an "advisory" 20 MPH speed limit sign for those on Western.

If I were you, I'd contest partially on the mistaken speed limit, but MOSTLY on the combination of "location" and "speed limit" noted on the ticket. What in the world is SR910F, anyway? Tell the judge that you aren't sure WHERE you were allegedly going 60 MPH. And, since the location shown on the ticket sheds NO light on this issue, it is NOT possible to defend yourself.

So, basically, ask the judge HOW you are supposed to defend yourself against a ticket for doing 60 MPH at an esoteric location (which, to your knowledge does not even exist) which has a speed limit of 20 MPH, when you were NEVER on such a road.

Good luck,
Barry

p.s. Mystic, the officer wrote that OP was going 60 in a 20, instead of 63 in a 45. And you think that's his way of being "nice"?

[graymonkey44]

Thank you blewis. That's exactly where I was! I had no idea you could even use that. That's very helpful. I really appreciate you helping me out.

I'm assuming that it was just a mistake on the state trooper's part, but that's ridiculous. If I plead not guilty on the ticket and presented you argument at the hearing, do you think it would be dismissed?

Also, I would like permission to use your argument. It seems like a very good defense to use and would greatly appreciate it. Thanks for your input.

[blewis]

I'm assuming that it was just a mistake on the state trooper's part, but that's ridiculous. If I plead not guilty on the ticket and presented you argument at the hearing, do you think it would be dismissed?

To tell you the truth, I have ABSOLUTELY NO IDEA if that argument will fly. It all depends on the judge and how well the officer presents his side of the case. You might want to submit a Discovery Request (if that's allowable in NY) to see what the officer wrote in his notes. That will give you some idea of what his testimony at the hearing will be.

Also, I would like permission to use your argument. It seems like a very good defense to use and would greatly appreciate it. Thanks for your input.

Of course you may use it. That's the purpose of these forums. People come here with questions -- just as I did 5 years ago. Others share their opinions and even offer advice (usually construed as "what I would do", rather than actual "legal advice", which, of course, would be illegal). Under the "terms of use", ANYTHING posted here automatically becomes part of the "public domain".

Most folks who come here are never heard from again (well, until they have another legal problem, anyway). Some, like myself, treat it like a hobby, and return often. Is our advice worth anything? It's worth EXACTLY what you've paid for it.

Good luck,
Barry

[graymonkey44]

I would probably need proof of it being 45mph zone, right? I was thinking of taking pictures of the signs with a digital camera. Or do you think it would be sufficient to just print out the google maps satellite picture?

[blewis]

The question still remains as to WHERE the infraction took place -- you're ASSUMING it was Adirondack Northway. Check your ticket again. Are you absolutely certain that there is NO mention of a location? There is no reason to prove the speed limit of a road that was NOT specified as the infraction location.

BTW, my guess is that "SR910F" is actually the serial number of the radar unit that was used. Of course, I could certainly be wrong. But, this is why you need to submit a discovery request to get the officer's notes.

Barry

[graymonkey44]

The only place I could find information was on wikipedia. I googled "Route 910f" And I got this.

http://en.wikipedia.org/wiki/Interstate_90_in_New_York

I just searched for 910f and it explains what it is.

[blewis]

Well, that's too bad. It's interesting that even Google Maps has no reference to 910F. Anyway, I was sure hoping it was the radar serial number. But I warned you that I could be wrong, and that my advice is worth exactly what you're paying for it.

Nevertheless, I still think you need to submit a Discovery Request and take a look at the evidence against you. It should contain radar information, for example.

Barry

[blewis]

I've thought a little more about this, and I think you still have a chance using the location/speed limit argument. My reasoning is that "due process" requires that you be notified of the charges against you. That includes the what, where, and when of the infraction. Without that information, it is not possible for you to prepare a defense.

The "what" is going 60 in a 20 zone, the "where" is "SR 910F". This is NOT a location you are familiar with. If you Google "SR 910F", you will see that there are over 18,000 references; if you Google "910F", there are over 100,000. If you search for "SR 910F" on Google Maps, it shows 6 "Rte 910" entries -- NONE in Albany.

Then after much searching, you might come across an obscure document, which indicates that Rte 910F is actually "Fuller Road Alternate". However, when you look up "Fuller Road Alternate" in Google Maps, all it shows is "Fuller Road", a road you never traveled that day, which has a speed limit of 40 MPH. You might finally come across this reference in Wikipedia's discussion of Adirondack Northway (scroll down to "Adirondack Northway"):

This short expressway spur, known locally as Fuller Road Alternate,[1] and the Crossgates Mall Freeway (because it is near the Crossgates Mall and also directs an exit to the mall via Crossgates Mall Road)[citation needed] is designated as NY 910F, an unsigned reference route, by the New York State Department of Transportation.

However, that's still confusing because the speed limit on this road is 45 MPH, not 20 MPH. So, you're still confused about WHERE this infraction allegedly took place. As such, you were unable to prepare a proper defense.

Again, I'm not sure it will fly -- the judge may ignore your argument or simply grant you a continuance, rather than a dismissal. But, if you don't have any other defenses, it might be worth a try.

Barry