How Common Are Speeding Offenses In New York?

Prosecutions for speeding represent roughly ½ of the yearly prosecutions for vehicle and traffic law offenses in New York. Some are for the familiar exceeding the speed limit posted, while others involve the use of speed imprudent for the occasion, driving too slowly, or drag racing.

How Serious Is A Speeding Ticket Conviction?

Speeding is considered an insignificant offense by the majority of the public, yet in some instances, it becomes vital to defend against a speeding charge. A third conviction within 18 months will result in revocation of driving privileges and could result in imprisonment under the Vehicle and Traffic Law. If death, injury, or property damage have occurred, the consequences of a speeding conviction are magnified. Insurance rates can be increased. Money assessments can be levied by the DMV.

What Are The Different Types Of Speeding Offenses?

Vehicle and Traffic Law Section 1180(a), prohibits driving faster than is reasonably and proven under the conditions. Subdivision (d) prohibits driving in excess of posted limits. Subdivision (b) prohibits speeds in excess of the statewide speed limit of 55 miles per hour in most jurisdictions and 65 miles per hour in some.

Other speeding offenses include driving too slowly, i.e. at a speed that is so slow that it impedes normal and reasonable movement of traffic or below a posted speed limit.

Must The Speed Limit Be Posted?

A motorist is entitled to know the speed limits with which he/she must comply. In order to properly inform the public of the speed limits on the roads, proper signs must be posted. The signs must be of a proper size, type, lettering and location. While it is easy to establish the size of a sign, it has been more of a problem to establish that signs are properly located. In the absence of properly located signs, a defendant cannot be convicted of speeding. The sign must be posted where it is adequate to afford the defendant fair notice, i.e. where a motorist is likely to pass it. Thus, if the sign is not in the proper position or is not “sufficiently legible to be seen by an ordinary observant person”, it cannot be enforced against the motorist.

Can A Motorist Be Convicted Of A Speeding Violation Based Solely On The Visual Observation Of A Police Officer?

It has been held that the opinion evidence of a police officer, uncorroborated by a mechanical device, is sufficient to sustain a speeding conviction. Just what qualifies a police officer as an expert to estimate speed visually will be in the discretion of the court. The court is free to accept or reject the officer’s testimony based upon the circumstances of the case. Where an officer’s vehicle was situated, how long he observed the defendant, the nature of his observance, and how he went about estimating the defendant’s speed are all factors a court will take into consideration.

Are There Other Non-Mechanical Ways Of Proving Speed?

Other non-mechanical ways prosecutors utilize to prove the speed of a vehicle are: skid marks, the force of impact when an accident occurs, distance passengers are thrown, the nature of injuries, the time it took to travel a known distance, or the remarks made by the driver or passengers.

Can A Police Officer’s Speedometer Prove A Speeding Ticket?

Although the simple use of a police officer’s speedometer is often used to prove speed, once such a mechanical device is used, the usual rules come into play for proving its reliability and accuracy. It is first necessary when involving a mechanical device to prove the accuracy of the device on the date in question. The evidence should show that the speedometer was tested and calibrated by an expert, both before and after the incident in question. An untested speedometer alone, i.e. without corroboration by another mechanical device or testimony about visual observations of speed, is insufficient to sustain a conviction for speeding.

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