69 MPH in a workzone upstate NY

What is the name of your state (only U.S. law)? NY.

I was driving upstate new york on the southern tier expressway with cruise control on at around 69-70 and passed 3 police officers with no problem. I notice a workzone coming up but I saw no speed reductions posted, which I thought was odd because I've never seen one without a reduced speed of 55. I was on the left lane and the road work was diverging traffic to the right so I began to continue to the right lane. Once I reached the lane I began to slow down, there was a cop right in front of the work zone parked in the median. Once I entered the right lane about 3-4 cones in the state trooper proceeded to pull me over and said I was going 70 in the work zone. I told him I did not see any posted signs with a reduced speed limit and he confirmed this however he said "if I wasn't there you wouldve kept going." This is after I explained to him that I began slowing down as he was turning and my speed was based on cruise control. It seems like he was giving me a ticket based on the premise that I may have continued to go at 70 even though I was clearly slowing down after I merged from the left lane into the right on a three lane highway. The state trooper then gave me a ticket for hazardous lane change and stated he was "giving me a break".


Is this ticket valid? Are ALL work zones 55 MPH regardless of posting? I feel that 69-70 in a 65 is a ridiculous speeding ticket and therefore he gave me a ticket for an offense I did not commit. The deposition did not state anything regarding the speed I was traveling at as he did not state whether he tracked me by radar or laser but estimated my speed. He did leave the comments that I stated regarding no 55 mph sign and cruise control.

Even if the speed limit was 65. You were still speeding, and you knew you were in a work zone. What defense do you think you have?

FlyingRon said:

Even if the speed limit was 65. You were still speeding, and you knew you were in a work zone. What defense do you think you have?

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Well where I am from cops never give you tickets for going 3-4 mph over the speed limit...I was slowing down at the 65 mph speed when he pulled me over but he claimed I would have stayed at 70 if he wasnt there and gave me a ticket based on that.

I noticed on the deposition he wrote that I traveled 1 mile into the workzone but thats a lie, the entire workzone was a mile long IF that itself. He pulled me over the instant I passed the first 3-4 cones.

There is no standard work zone speed limit in NYS because all roadways have different speed limits to begin with. Sounds like a problem. You might want to consult with a local attorney.

Is that work zone still in place? You might want to go back and take plenty of pictures ASAP.

cee4 said:

Well where I am from cops never give you tickets for going 3-4 mph over the speed limit...I was slowing down at the 65 mph speed when he pulled me over but he claimed I would have stayed at 70 if he wasnt there and gave me a ticket based on that.

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This is a spurious argument and will get you no where in court. "where you are from" does not apply everywhere, and even where you are from, I doubt this argument would work, even if the statement was true.

I noticed on the deposition he wrote that I traveled 1 mile into the workzone but thats a lie, the entire workzone was a mile long IF that itself. He pulled me over the instant I passed the first 3-4 cones.

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The cones are not a sure indication of where the zone begins. Was there an earlier sign?

FlyingRon said:

This is a spurious argument and will get you no where in court. "where you are from" does not apply everywhere, and even where you are from, I doubt this argument would work, even if the statement was true.

The cones are not a sure indication of where the zone begins. Was there an earlier sign?

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Just a few signs stating work zone ahead, nothing about work zone starting until the cones. I didn't take pictures when I was at the site because the officer was telling me to pull off quickly to make sure traffic doesnt get blocked.

It seems like he was giving me a ticket based on the premise that I may have continued to go at 70 even though I was clearly slowing down after I merged from the left lane into the right

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no, he gave you a ticket based on the premise that you were speeding. I see no problem with the 70 in a 65 considering it was a work zone.

ahhhh the old I'm giving you a break deal

Well, actually the cop thinks he is giving you a break .. he did not give you a speeding ticket, correct?

But he gave you a hazardous lane change (?-90 buck fine??) violation.

Take this to court .... most "I gave you a break" tickets are BS tickets of course --- they should simply cite you for what they stopped you for..

I understand that many cops think that the fines are too high -- but they still have to issue tickets (ie quotas)...so they do this. I think they mean well.

I never had a ticket like this win in court...

What were you charged with? What section of the Vehicle and Traffic Law?

davidmcbeth3 said:

I understand that many cops think that the fines are too high -- but they still have to issue tickets (ie quotas)...so they do this. I think they mean well.

I never had a ticket like this win in court...

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I guess you've been on the wrong end of alot of traffic tickets... You and Banned Princess should get together. This happens all the time. It's called plea bargaining. You obviously don't spend enough time in court.

The fines in New York are reasonable. Try looking at what they hit you with in NJ and CT.

HighwayMan said:

The fines in New York are reasonable. Try looking at what they hit you with in NJ and CT.

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in Indiana, the first speeding ticket in a work zone is $300. The second within 3 years is $500 and the third $1000. Then, if you contest it and lose, they toss on another $70 for the fun of it.

HighwayMan said:

What were you charged with? What section of the Vehicle and Traffic Law?

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1180e

unreasonable speed/special hazards

said that this was for changing lanes hazardously instead of speeding, i dont understand that with the description of the ticket.

The officer wrote in additional details
"v1 W/B in lane closure 70/65 men working on bridge, 1 mile into work zone" I spoke to a lawyer today and he stated that the fact that the officer wrote 70/65 means he is not sure what speed I was going at but was giving a range. It looks like I may be able to get this ticket dropped"

cee4 said:

1180e

unreasonable speed/special hazards

said that this was for changing lanes hazardously instead of speeding, i dont understand that with the description of the ticket.

The officer wrote in additional details
"v1 W/B in lane closure 70/65 men working on bridge, 1 mile into work zone" I spoke to a lawyer today and he stated that the fact that the officer wrote 70/65 means he is not sure what speed I was going at but was giving a range. It looks like I may be able to get this ticket dropped"

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Your lawyer would know more than us, but to me that means you were going 70 in a posted 65 zone.

I received a letter back after pleading not guilty. Court sets a trial date with a hand written note asking whether I request if the Officer appears in court. I thought officers had to appear in court or the case gets dismissed?

doing 70 in a 65 is not speeding

FlyingRon said:

This is a spurious argument and will get you no where in court. "where you are from" does not apply everywhere, and even where you are from, I doubt this argument would work, even if the statement was true.

The cones are not a sure indication of where the zone begins. Was there an earlier sign?

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From your speedometer readin, a 70 MPH reading is not really evidence of speeding they are not all that accurate.

So you can say in court that you dont believe that you were speeding an not be lying.