1180D speeding in NYS, 80 in 65 but it was a 45mph zone

[nycdarius]

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

I was given a ticket with a violation code 1080D which is doing 80mph in a 65mph zone. The officer wrote on the ticket that i was doing 85mph in a 45mph zone. Does that mean anything and could I fight the ticket just based on the wrong speed code?

 

[You Are Guilty]

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

I was given a ticket with a violation code 1080D which is doing 80mph in a 65mph zone. The officer wrote on the ticket that i was doing 85mph in a 45mph zone. Does that mean anything and could I fight the ticket just based on the wrong speed code?

"Can" you? Absolutely, it is your constitutional right to do so.

Will you have any chance at winning using that strategy? Nope, not at all. At best, it should just result in you being charged with 15 over (instead of 35 over), which means less points, less fines, and no DRP.

Good luck.

 

[Zigner]

As we told you on your other thread, the code section you cited does NOT refer to a specific speed:


1180
...
(d) 1. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established as authorized in sections sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred twenty-three, sixteen hundred
twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,
sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred
sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,
no person shall drive in excess of such maximum speed limits at any
time.

 

[Zigner]

"Can" you? Absolutely, it is your constitutional right to do so.

Will you have any chance at winning using that strategy? Nope, not at all. At best, it should just result in you being charged with 15 over (instead of 35 over), which means less points, less fines, and no DRP.

Good luck.

OP is saying he was cited for doing 80 in a 65. OP then goes on to say it was actually a 45 zone. So, it goes from 15 over to 35 over...and OP thinks that helps

It's a moot point though, OP is wrong about the code section he was cited for.

 

[You Are Guilty]

OP is saying he was cited for doing 80 in a 65. OP then goes on to say it was actually a 45 zone. So, it goes from 15 over to 35 over...and OP thinks that helps

It's a moot point though, OP is wrong about the code section he was cited for.

I saw the other thread well after I posted, but he does say the ticket is for 85 in a 45 (not 85 in a 65). Either way, its traffic lawyer time.