Speeding can result in more than just a simple fine in New York. It can lead to a hefty increase in insurance premiums, license suspension, and in extreme cases, even jail time can be imposed for a speeding violation. As a traffic lawyer, I’d like to explain how speeding charges are established and defended against in New York State, using some past court cases as examples.
What Does “Driving Too Fast for Conditions” Mean?
“Driving too fast for conditions” is a charge (Vehicle and Traffic Law 1180[a]) that’s based on the circumstances at the time of the alleged infraction, rather than exceeding a specific speed limit. The prosecution must prove that a reasonable person would have recognized the speed was unsafe given the conditions, and the defendant showed a blatant disregard for this danger or for others’ rights. Simple carelessness isn’t enough to prove this charge.
The weather often plays a crucial role in these situations. For instance, driving a tractor-trailer at 56-68 mph in a 55 mph zone during heavy rain was considered “too fast for conditions” in the case of Saint v. United States (483 F Supp 2d 267 [2007]). On the other hand, going 20-25 mph on a snowy night was deemed not excessive in People v. Davis (24 NY2d 796 [1969]).
Proving Speeding Over the Posted Limit
Speeding over the posted limit is a more straightforward offense. The prosecution must establish that:
- The speed limit sign was posted and visible, and they must prove the posted limit if it was less than 65 mph on certain highways or 55 mph on all other roadways.
- The defendant was the person driving the vehicle.
- The defendant’s actual speed was in excess of the posted limit.
How Is Speed Determined?
There are several accepted ways to measure a vehicle’s speed. These include a properly calibrated radar or laser device, a visual speed estimate by a trained officer, “pacing” (where an officer follows a suspected speeder and records the speed on their own calibrated speedometer), or a combination of these methods.
However, an untested speedometer or radar reading is insufficient on its own. It must be paired with a visual speed estimate by a qualified officer. In fact, a qualified officer’s estimated speed testimony can alone be enough to prove the vehicle’s speed, even though it is inherently imprecise.
Conclusion
Whether you’re facing a charge of “driving too fast for conditions” or speeding over a posted limit, understanding how the prosecution establishes these charges can better prepare you for what lies ahead. Remember that each case is unique, and a skilled traffic lawyer can often find ways to dispute or mitigate the charges based on the specific facts and circumstances.
If you find yourself in need of a traffic lawyer in New York, feel free to reach out for a consultation. The legal landscape of traffic offenses can be complex, but you don’t have to navigate it alone.