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  1. #1

    Default New York Speeding Ticket, Sec. 1180(d)

    hey greg:

    I really need some advice as I am in a similar situation. I got ticket for "in violation of section" 1180D which is speed in zone but the officer has not mentioned the speed on the ticket (the speeding MPH in a ___ MPH zone __ is blank) but in the memo section she has written "exceed maximum limit"

    Now i plead not guilty and I got a letter back with the hearing date but the violation description says SP-N/REA-PRUD which is basically speed not reasonable and prudent which is "1180A"

    so how do you think I should defend this case... please reply with something the hearing is tomorrow morning !!!

  2. #2
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    Default Re: New York Speeding Ticket, Sec. 1180(d)

    Have you checked to see if the charge was amended?
    Quote Quoting New York VAT § 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.

    (b) Except as provided in subdivision (g) of this section and except when a special hazard exists that requires lower speed for compliance with subdivision (a) of this section or when maximum speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour.

    (c) Except as provided in subdivision (g) of this section, whenever maximum school speed limits have been established on a highway adjacent to a school as authorized in section sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three or sixteen hundred sixty-two-a, no person shall drive in excess of such maximum school speed limits during:
    (1) school days at times indicated on the school zone speed limit sign, provided, however, that such times shall be between the hours of seven o'clock A.M. and six o'clock P.M. or alternative times within such hours; or

    (2) a period when the beacons attached to the school zone speed limit sign are flashing and such sign is equipped with a notice that indicates that the school zone speed limit is in effect when such beacons are flashing, provided, however, that such beacons shall only flash during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities.
    (d)
    1. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other than school speed limits, have been established as authorized in sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred twenty-three, sixteen hundred twenty-seven, sixteen hundred thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy, no person shall drive in excess of such maximum speed limits at any time.

    2. Except as provided in subdivision (g) of this section, whenever maximum speed limits, other than school speed limits, have been established with respect to any restricted highway as authorized in section sixteen hundred twenty-five, no person shall drive in excess of such maximum speed limits at any time.
    * * *
    If we're talking lower case handwriting, perhaps you're seeing a sloppily written "a" and not a "d" on your ticket.

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