1180a with No Speed Indicated on Ticket
My question involves a speeding ticket from the State of: New York.
Greetings and Thank You in advance, wonderful site!
The speed limit on that road is 35mph, i was going maybe 25-30 tops, the road is really bad in this area and i have a heavy German car with low profile tires which would have exploded at a faster speed, i have lost 2 tires already from the crappy roads in two seperate incidents and have since been extra careful. He pulls me over 5 blocks down the line after i had stopped at 2 red lights, having left Yonkers and now being in Bronx borough. I guess they were not sure if they wanted to bother or not, i rather wish they had not...
He said i was driving a bit fast, which i wasnt, and wrote me up a ticket in violation of 1180A, but he spelled my first name wrong and the speed at which i was travelling is not indicated anywhere on the ticket, neither is the speed limit. He did not use a radar or laser, charge is based on visual/sound, but i drive a very special car and she growls even at low RPMs so i guess i see how it could have appeared that i was messing about.
I have had 2 speeding tickets in the past year, i pleaded guilty to both and paid up because i really was speeding (85mph+), but this one is complete bull. I am worried that my license will get suspended if i just plead guilty and pay, they will probably not believe me since i am a repeat offender, i had my license suspended once a few years back for street racing - it was a one shot deal and i paid almost a thousand bucks in fines :wallbang:
Please tell me what i can do to prove that i am not guilty and if the fact that there is no speed indicated on the ticket works to my benefit in any way, or if they were out of their jurisdiction, they are Yonkers PD and they stopped me in the Bronx two blocks past the border...
Thanks again!
-Lazy
Re: 1180a with No Speed Indicated on Ticket
Quote:
Quoting New York Vehicle & Traffic Code, Sec. 1180. Basic rule and maximum limits.
(a) 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.
* * *
Under that provision you don't need to be cited for going a specific speed above the posted limit. The officer just has to find that, given the road conditions, you were driving at an unsafe speed.
Re: 1180a with No Speed Indicated on Ticket
Quote:
Quoting
Lazy
if they were out of their jurisdiction, they are Yonkers PD and they stopped me in the Bronx two blocks past the border...
Tha location where they "stopped you" matters NOT as far as jurisdiction. What matters is the location where the violation occurred, which should be stated on your citation. From that, and as long as the citation is filed in the court which has jurisdiction over that particular area, then the citation is valid.
Re: 1180a with No Speed Indicated on Ticket
Doesnt even matter at this point, i got another ticket 70 in a 30, complete fail - license is gone regardless... Thankfully the semester is done and i wont be in university till september 2010.
So how many times can my license be suspended before i can never get another?
-Lazy
Re: 1180a with No Speed Indicated on Ticket
Quote:
Quoting
Lazy
So how many times can my license be suspended before i can never get another?
That's not the important question. The important question is: How many people are you going to have to KILL before you decide to become a safe and responsible driver?
70 in a 30! WOW! Bringing the total to FOUR tickets in the past year? Plus others?
Oh, and the problem may not be a license -- who is going to insure you -- ever again? Oh, you're in NY. That means a "Driver Responsibility Assessment" for the next three years.
Barry
Re: 1180a with No Speed Indicated on Ticket
Oh and i drive a German rally car, so there is no speed that is actually dangerous below 240km/h :) I could argue the point in court but knowing the extortionist legal system, it wont matter either way...
Also i dont actually drive that fast all the time, thats just acceleration while passing someone that had no where to be on time unlike me... I obey the speed limit whenever possible, I have only had one accident in my 9 years of driving, someone stopped short on me at a light at like 15mph...
I just want to know if i will be able to get my license again, and what i will have to do, im being deployed in 2011 anyway (USMC)
-Lazy
Re: 1180a with No Speed Indicated on Ticket
I can get a license for going to school either way so that sort of circumvents the whole thing... So dont worry about it, i dont need you passing judgement on me, Barry, dont make any assumptions, dont try to provoke me, i have never endangered anyone other than myself. I came here asking for advice, since you are not capable of keeping unbiased and objectified then just shut the hell up, your post was a worthless derailment of my thread and frankly a complete waste of time and effort. Insurance is not an issue, your concern is very touching, however it is just another pointless derailment. And yes i may have to do DRA but it is not a big deal, i like how you try to make it sound like a jail sentence. Really, Barry, i dont need any advice from someone like you, i looked at your other posts and you're quite the piece of work (among other things), so keep it to yourself. Thanks Mr.KIA and That Guy, i was hoping for a significant clerical mistake if truth be told :( Either way thanks for explaining, looks like i need to get in contact with Harold Dee - best in the business...
-Lazy
Re: 1180a with No Speed Indicated on Ticket
Quote:
Quoting
Lazy
Oh and i drive a German rally car, so there is no speed that is actually dangerous below 240km/h
Yeah, that MIGHT be true on the autoban -- or if you lived in a state where there are NO OTHER CARS!
Quote:
Quoting
Lazy
I can get a license for going to school either way so that sort of circumvents the whole thing...
Again I ask: Who is going to insure you? Get caught driving without insurance and you can kiss even a "hardship" license good-bye. Injure someone while driving without insurance ....
Barry
p.s. You know what? You're right. I have no business criticizing or insulting you. I have, indeed, made assumptions about you without knowing you. I apologize.
Barry
Re: 1180a with No Speed Indicated on Ticket
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Quoting
blewis
Again I ask: Who is going to insure you?
Barry
Corporate insurance, the kind you arent qualified to recieve smartass.
Quote:
Quoting
blewis
That's not the important question. The important question is: How many people are you going to have to KILL before you decide to become a safe and responsible driver?
Barry
Only one, guess who?
Now go away you damn troll, i need advice not a lesson in ethics, i know i made a mistake, one of many, but no one ever suffered at my hands nor will anyone ever suffer at my hands, these occurances took place at times when there was no one on the road other than me, or so i thought hehe :)
I obey all the laws, but sometimes you have to mash that pedal and let the ponies go, i am sorry if that makes me such an unforgivable criminal in your book that it completely occludes your sense of purpose on these forums, but frankly, i could care less what you think. Maybe one day you will get a real car, and then you will understand. It might seem to you like i am a dangerous driver, when in reality i am a victim of circumstance and came here seeking advice. You have once again proven yourself incapable of providing anything of use, so please go away. I understand that if it was up to you i would be infront of a firing squad, and thats fine. I got you, now go away, and let someone who actually KNOWS something relevant to my predicament address my questions instead of further derailing the thread.
-Lazy
Re: 1180a with No Speed Indicated on Ticket
I guess I was editing my previous post while you were posting. So, I'll copy it here:
Quote:
p.s. You know what? You're right. I have no business criticizing or insulting you. I have, indeed, made assumptions about you without knowing you. I apologize.
Barry
Again, I apologize. I don't usually "go off" on people who come here looking for help. I guess I'm just having a bad day, and I took it out on you. Sorry.
Barry
Re: 1180a with No Speed Indicated on Ticket
Quote:
Quoting
blewis
I guess I'm just having a bad day, and I took it out on you. Sorry.
Can't possibly be any worse than mine lol :) apology accepted...
Re: 1180a with No Speed Indicated on Ticket
Bad day, plus I have a 27 year old son who drives extremely fast -- in LA of all places. I can picture him in a huge accident someday. He recently got married and that has slowed him down a bit, but I still worry. Anyway, good luck with your tickets and school.
Barry
Re: 1180a with No Speed Indicated on Ticket
As it stands i will most likely lose my license, even if i defend the first, lesser, charge, the second will be a battle, i overtook someone in a stupid place yet i had little choice - they were actually making a left into a parking lot across solid double lines and i would have been wedged inbetween three cars had i not performed that maneuver, obviously the officer didnt believe me and i pleaded with him but i'll fight it to the last anyway. What are my possible options in preserving my license, and if i do lose it are they obligated to grant me purchase of a hardship license, or will they tell me to take a lovely 3 hour commute on the public transit system since this is, after all, the city that doesnt sleep (i would get 3 hours of sleep per day in that case). The officer clocked me as i came out of the maneuver while slowing down, and once again i used to deliberately speed in the past, years ago, and that fact really does not help my situation...
-Lazy
Re: 1180a with No Speed Indicated on Ticket
The law governing "restricted use" licenses is VAT, Title 5, Article 21-A, Section 530, which states in part:
Quote:
Quoting 530
§ 530. Restricted use licenses.
A person whose driving license or privilege of operating a motor vehicle in this state has been heretofore suspended or revoked pursuant to the provisions of section five hundred ten of this chapter or whose driver's license or privilege has been revoked pursuant to section three hundred eighteen of this chapter and for whom the holding of a valid license is a necessary incident to his employment, business, trade, occupation or profession, or to his travel to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training or enroute to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to that effect from a licensed medical practitioner may thereafter apply for and may be issued a restricted use license or if the holder of a license issued by another jurisdiction valid for operation in this state, a restricted use privilege of operating a motor vehicle in this state as provided herein.
(1) The issuance of a restricted use license or privilege shall be in the discretion of the commissioner of motor vehicles or his duly authorized agent, who may require the applicant to attend a driver rehabilitation program specified by the commissioner, and shall be issued only after it is established to the reasonable satisfaction of the issuing officer that a driving license or privilege is a necessary incident to the applicant's employment, business, trade, occupation or profession, or to his travel to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training....
There is plenty more -- a bunch of exceptions and so on. Unfortunately, I cannot provide a direct link. But here are the NY Laws, in general. Page down to "VAT", once you're in that section, keep going till you find the right Title and Article.
As you can see, it is discretionary. You must apply for it and convince them of the necessity. They may also require you to take a drivers education class.
If you contest this ticket, be sure to bring up the fact that your speed is not indicated on the ticket. Personally, I would assert that not having my actual speed listed made it impossible to prepare a defense.
When the officer testifies, be sure he mentions his training and experience in "visual estimates". If he has not had any specific training, move to disqualify the officer as an "expert" witness. If the judge agrees, you should get a dismissal.
Good luck,
Barry