Pulled Over for Speed Not Reasonable And Prudent! Need Advice
#51
I drive at Red Line.
iTrader: (1)
Here you go: N.Y. VAT. LAW § 1180 : NY Code - Section 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.
(d) No person shall drive in excess of such maximum speed limits at any
time.
(e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red and white lights pursuant to the provisions of
paragraph two of subdivision forty-one of section three hundred
seventy-five of this chapter, when traveling upon any narrow or winding
roadway, and when any special hazard exists with respect to pedestrians,
or other traffic by reason of weather or highway conditions, including,
but not limited to a highway construction or maintenance work area.
-----------------------------------------------------------------------------------------
Your state has a zero tolerance law. You can be ticketed for 1 mph over. Secondly your state law says you must reduce your speed to cross an intersection, or to turn. Being that you were already speeding and since you didn't reduce yoru speed to turn even if the officer was wrong by his actions, he doesn't need to record the speed you were traveling. Merely show with his dash cam that you took the turn at a speed greater than the speed limit. Even if you took the turn at the speed limit you violated your states maximum speed law.
Plain and simple know your states laws. Yours is zero tolerance so you have maximum speed anything above that by even 1 mph is a violation. You also have a safety law in effect that says you must slow down to cross an intersection or turn. Which you admittadly did not drop below the speed limit to do. In fact you stated you were 15mph over the limit which in your state is a step up from speeding. 0-10/10-30/30+.
First the law says its wreckless driving to not slow down to turn/ and to not slow down in an intersection. Thats two violations. Plus you are on the second tier speeding violation. Which is 150dollars - 300 dollars court decided fine, on top of a maximum of 30 days. Now you have a repeat offender law. Which states if you have convicted of speeding in the last 18months they may increase the fine by 150 dollars and again you have a 30 days in jail if the judge pleases.
So you could be looking at over 450dollars + in fines and suspension of license. You already have 7 points? Or so... Speeding 10-20mph is 4 points(by your account). 21-30mph is 6 points (by his account). Reckless Driving is 5 points. If the judge assess both (since your going to court over it) thats 9 - 11 points on top of your 6-7. 11 Points total and the state can suspend your license. I don't know for how long but any length of time is long enough. Get caught driving without one and you face jail time.
Know your state laws.
(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.
(d) No person shall drive in excess of such maximum speed limits at any
time.
(e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red and white lights pursuant to the provisions of
paragraph two of subdivision forty-one of section three hundred
seventy-five of this chapter, when traveling upon any narrow or winding
roadway, and when any special hazard exists with respect to pedestrians,
or other traffic by reason of weather or highway conditions, including,
but not limited to a highway construction or maintenance work area.
-----------------------------------------------------------------------------------------
Your state has a zero tolerance law. You can be ticketed for 1 mph over. Secondly your state law says you must reduce your speed to cross an intersection, or to turn. Being that you were already speeding and since you didn't reduce yoru speed to turn even if the officer was wrong by his actions, he doesn't need to record the speed you were traveling. Merely show with his dash cam that you took the turn at a speed greater than the speed limit. Even if you took the turn at the speed limit you violated your states maximum speed law.
Plain and simple know your states laws. Yours is zero tolerance so you have maximum speed anything above that by even 1 mph is a violation. You also have a safety law in effect that says you must slow down to cross an intersection or turn. Which you admittadly did not drop below the speed limit to do. In fact you stated you were 15mph over the limit which in your state is a step up from speeding. 0-10/10-30/30+.
First the law says its wreckless driving to not slow down to turn/ and to not slow down in an intersection. Thats two violations. Plus you are on the second tier speeding violation. Which is 150dollars - 300 dollars court decided fine, on top of a maximum of 30 days. Now you have a repeat offender law. Which states if you have convicted of speeding in the last 18months they may increase the fine by 150 dollars and again you have a 30 days in jail if the judge pleases.
So you could be looking at over 450dollars + in fines and suspension of license. You already have 7 points? Or so... Speeding 10-20mph is 4 points(by your account). 21-30mph is 6 points (by his account). Reckless Driving is 5 points. If the judge assess both (since your going to court over it) thats 9 - 11 points on top of your 6-7. 11 Points total and the state can suspend your license. I don't know for how long but any length of time is long enough. Get caught driving without one and you face jail time.
Know your state laws.
#52
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Well after you take the bus for the next year I am sure your attitude about driving will change.
#53
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Innocent until proven guilty... thought the last two posts want me to smack you guys in the face.. ehh w.e. My lawyer knows the da (thier daughters play on the same soccer leauge) the speed not reasonable and prudent is equal to 3 points by itself... this will get knocked down mainly bc i didnt get shot with a lazer or radar gun lol
#54
Time for boost...
iTrader: (24)
You are guilty. Unless I read your first post wrong??
Maybe the state will find you innocent, but you've already come on here and told us what a j-hole you are.
Sure, not all of us follow every road rules. But, we don't make public our poor driving habits. You did that, and then come off as a moron by complaining about our comments.
Next time, deal with your own mis-judgement with your cool lawyer friends and their cooler da friends and beat the system. You're cool like that
Maybe the state will find you innocent, but you've already come on here and told us what a j-hole you are.
Sure, not all of us follow every road rules. But, we don't make public our poor driving habits. You did that, and then come off as a moron by complaining about our comments.
Next time, deal with your own mis-judgement with your cool lawyer friends and their cooler da friends and beat the system. You're cool like that
#55
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Innocent until proven guilty... thought the last two posts want me to smack you guys in the face.. ehh w.e. My lawyer knows the da (thier daughters play on the same soccer leauge) the speed not reasonable and prudent is equal to 3 points by itself... this will get knocked down mainly bc i didnt get shot with a lazer or radar gun lol
how is that innocent?
#57
Registered
#58
I HATE SPEEDBUMPS!
Innocent until proven guilty... thought the last two posts want me to smack you guys in the face.. ehh w.e. My lawyer knows the da (thier daughters play on the same soccer leauge) the speed not reasonable and prudent is equal to 3 points by itself... this will get knocked down mainly bc i didnt get shot with a lazer or radar gun lol
Live and learn.
Learn from your mistakes and forget about it. No harm done.
#60
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Called my sisters friend .. turns out his dad fundraises for the cops here.. or something like that! Ticket is gone! Although this is prob a one time favor... =) Me = 1 Cop = 0
#61
Well let's look at the fact...regardless of who's right or wrong if you take it to cout and the officer shows up 98 percent your going to loose. Now regardless if he got u with a radar gun you can still fight that by asking when was the last time it was checked and updated. Here in cali I was given a tickets going 100 on a 65 highway... I fought it and won :-)
#63
Rotary Crawfish
Pray to whatever gods you trust and use this as a BIG learning tool. You got really lucky the ticket was dumped and no court dates to deal with.
Drive like a Dumbazz and next time might not be so great an outcome so I will say good luck and drive safe and smart.
Drive like a Dumbazz and next time might not be so great an outcome so I will say good luck and drive safe and smart.
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