1. Fines and Penalties for Violating Section 1180(a)
  2. Driver Responsibleness Assessment
  3. Language of the 1180(a) Statute
  4. Case Law Analysis
  5. Who Should You lot Phone call
Speed Not Reasonable and Prudent

Exceeding the speed limit is against the law—everyone knows that. Most people likewise know that the fines for speeding can increase depending on the location of the violation; for example, speeding in a work or school zone will double the fines of any traffic ticket. And multiple violations can lead to boosted penalties, along with suspensions.

What yous may non know, notwithstanding, is that driving at or even below the speed limit can pb to a speeding ticket. This violation is listed under the New York Vehicle and Traffic Law, VTL, section 1180(a), and states every bit 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.

This statute does not provide guidance as to what qualifies as reasonable and prudent, which weather are in question, and what is considered an 'actual and potential gamble.' Unlike other sections of the Vehicle and Traffic Police – where violations are clear-cut, this department does non clearly delineate what warrants a ticket.

Fines and Penalties for Violating Section 1180(a)

The fines for a first offense are as follows:

  • 3 points (read how points affect insurance rates)
  • $150 maximum fine
  • $93 court fee
  • Up to 15 days incarceration

If a second crime is committed within 18 months of the get-go offense, the fines penalties increase to:

  • iii more points
  • $300 maximum fine
  • $93 court fee
  • Up to thirty days incarceration

For a third offense within 18 months:

  • 3 more points
  • $525 maximum fine
  • $93 courtroom fee
  • Upwardly to thirty days incarceration
  • Mandatory license suspension

Almost auto insurance companies will likewise raise your insurance premiums for a Speed Not Reasonable and Prudent violation.

Commuter Responsibility Cess

Upon receiving a total of 6 or more than points within an 18-month period, a commuter is subject to an boosted DMV penalisation known equally a "driver responsibleness cess" or DRA. The fine for a DRA is $300 for 6 points ($100 per year for 3 years), and $75 for each point above half-dozen ($25 per year for 3 years).

Language of the 1180(a) Statute

A look at the linguistic communication of the statute, forth with instance police force on the subject, will help sympathize what conduct this section governs – although what precise action will qualify is often subjective in nature.

"No person shall drive a vehicle at a speed greater than is reasonable and prudent"

This section does not set up forth a specific speed. Therefore, the current speed limit of the road is irrelevant. What precisely defines 'reasonable and prudent' is a question for litigation.

"Under the weather condition and"

The condition of the road must be taken into business relationship. While the majority of people do drive slower in choppy weather, for instance, 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 department allows for the ticketing of such a commuter.

"Having regard to the bodily and potential hazards then existing."

Drivers are cautioned to exist wary of actual – such equally ice on the roadways – and potential hazards – such equally possible debris on roadways from storms – while driving.

How fast is also fast tin really be summed up in two words – bulldoze reasonably. During Super Storm Sandy, for example, driving whatsoever speed was unreasonable. Therefore, driving a mere 1 mile per 60 minutes can arguably be a violation of this section. A light rain, on the other hand, will allow for a speed closer to the bodily speed limit.

Case Law Analysis

In NY v. Kehoe, the Court acknowledged the significant differences betwixt two types of speeding offenses – §1180(a) and §1180(b). Whereas subsection (b) prohibits driving to a higher place a sure limit, subsection (a) governs driving irrespective of the posted speed limit, only rather, the conditions of the road.

In Peschieri v Estate of Ballweber (285 AD2d 921 [2001]), a passenger on a motorcycle was killed when the driver of the motorbike crashed because of a car which had made an illegal turn.  The court constitute that the driver of the motorcycle, Iacobelli, was entitled to judgment every bit a matter of police because there was "[U]ndisputed evidence that Iacobelli was traveling at the speed limit with no adverse weather condition or obstructions requiring a further reduction in speed, and that the Ballweber vehicle'southward turn in front of him was sudden and unexpected.

In this ruling, the court had highlighted the importance of factual evidence that proved that the commuter was not driving unreasonably. As there was no way to predict any potential dangers, no violation had occurred. Merely causing an accident will non suffice. In that location must exist actual unreasonable driving in order to violate the statute.

Who Should You Call

Equally we can come across from both the linguistic communication of the statute and the associated cases, whether you lot are convicted of violating the statute volition be dependent on what is to be considered reasonable and prudent based on the road weather. Every bit this is a subjective question, attorneys are vital to help 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, withal, will crave testimony and the introduction of evidence.

If you have been ticketed for a violation of 1180(a) Speed Not Reasonable and Prudent, the experienced attorneys at Rosenblum Constabulary tin can help fight your ticket and save you lot from points, fines, and automobile insurance increases. Telephone call u.s.a. for a costless consultation at 888-434-0406.