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  1. #1

    Default New York Ticket for Speed Not Reasonable and Prudent (1180a)

    My question involves a traffic ticket from the state of: New York

    So my question comes from a mix up between a cop and another driver late one night on Staten Island. I travel from Philadelphia and am visiting my father on SI, when as approaching a red light that just turned green, a dark grey BMW flies by me at over 100mph. In the oncoming lane is a NYPD cop, who makes a U turn behind me. I assume he turned around to chase the BMW, who made a right turn at the next light (going through a no-turn-on-red red light). I stop at the light and move over as close to the curb as possible so he can pass me to pursue the driver, but instead he stops behind me and throws his lights on. I make the right turn and stop on the side street where it's safe. When asked if I knew why he pulled me over I say I have no idea, and rather than explain to me, simply asks if I knew the guy in the BMW, to which I reply no, he came up from behind at the last light. He gives me a ticket for speed not reasonable and prudent (1180a) and doesn't say another word to me.

    Now given the circumstances, it was a warm 65 degree, dry, clear night, (one of those freak spring days we got in February) not a cloud in the sky and the street was well lit, dead straight and well-paved. What evidence do I have to support myself to explain I wasn't speeding? He admitted to knowing about the speeding BMW, and since he had no method of indicating my speed (he was oncoming and by the time he turned around I was already stopped at the red light), especially considering the car next to me doing well above twice the speed limit, I don't believe he can determine what speed I was traveling at (speed limit was 40, I was doing about 30 due to slowing down for the first red light, which turned green before I got to it).

    Anything I can do to prove I wasn't the one doing an unreasonable speed on a 65 degree, dry night on possibly the cleanest and well-lit road in the city?

  2. #2
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    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)

    New York Vehicle and Traffic Law, VTL, section 1180(a), and states as follows: 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.
    As you see, this violation has nothing to do with the posted speed limit or what speed you were actually driving or standing still. It is a judgment call by the officer.

    Plead not guilty, get your discovery, and go to court and explain the circumstances to the judge.

  3. #3
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    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)

    Quote Quoting budwad
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    Plead not guilty, get your discovery, and go to court and explain the circumstances to the judge.

    There is NO such thing as discovery for traffic infractions in New York State.

    This is New York City and traffic cases are adjudicated by the Traffic Violations Bureau. In the Staten Island TVB you don't stand much of a chance - especially if your case goes in front of Judge Levine.


    I don't understand how this is a "mix up between a cop and another driver". He clearly knew you weren't the speeding BMW. You must have been doing something else that drew attention to yourself.

  4. #4

    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)

    Quote Quoting Highwayman
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    There is NO such thing as discovery for traffic infractions in New York State.

    This is New York City and traffic cases are adjudicated by the Traffic Violations Bureau. In the Staten Island TVB you don't stand much of a chance - especially if your case goes in front of Judge Levine.


    I don't understand how this is a "mix up between a cop and another driver". He clearly knew you weren't the speeding BMW. You must have been doing something else that drew attention to yourself.
    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)
    The only thing I did was stop at the red light and move close to the curb so he can go around me. One could say that's an admittance of guilt, but guilt of what? My car doesn't stand out, either. Unless dark blue Hyundai Elantras are now considered exotic cars.

    Should I just ask the cop to prove it was me who was speeding after he admits to the judge that he was aware of the speeding BMW?

  5. #5
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    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)

    Quote Quoting causingdrama
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    My car doesn't stand out, either. Unless dark blue Hyundai Elantras are now considered exotic cars.
    I fail to see how this is relevant to anything.


    Quote Quoting causingdrama
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    Should I just ask the cop to prove it was me who was speeding after he admits to the judge that he was aware of the speeding BMW?

    That's on you. If you have a few hours to spare then fine, go to trial.

    You have been warned that the Administrative Law Judges in Staten Island are tough. Who wrote you the summons - a precinct officer or Highway Patrol?

  6. #6

    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)

    Quote Quoting Highwayman
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    I fail to see how this is relevant to anything.





    That's on you. If you have a few hours to spare then fine, go to trial.

    You have been warned that the Administrative Law Judges in Staten Island are tough. Who wrote you the summons - a precinct officer or Highway Patrol?
    Precinct officer from the 123rd. And I reiterated the fact that nothing really brought attention to myself. I can see if I was in my Subaru with the spoiler and loud exhaust I'd be a bigger pinout, but my new Hyundai stopped at a red light doesn't really raise any suspicion IMO

  7. #7
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    Default Re: New York Ticket for Speed Not Reasonable and Prudent (1180a)

    You seem to be under the mistaken impression that what you drive determines whether you get stopped for traffic infractions. Nothing could be further from the truth.

    There is nothing more to say about this - either plead guilty or not guilty, those are your only two choices.

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