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Incorrect Violation Code On NYC Ticket?

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jayr

Junior Member
Hi guys, new to the forum and have a court date for my first speeding ticket coming up. I was cited for the following violation***SPD-UNPSTD*11-30*NYC SECT.*LAW**406A12 ...from what I've come across this is issued for speeding when going over 30mph in NYC where there are no posted speeding limit signs. However, a couple of feet from where I was stopped there is an electronic speed sign...is this violation correct? If not, can I move for a dismissal based on my ability to prepare a valid defense being hindered by the mistake?


All thoughts are welcomed and appreciated, thanks
 


Zigner

Senior Member, Non-Attorney
I'm curious - do you mean that a couple of feet ahead there was a speed limit sign?
 

FlyingRon

Senior Member
Where you were STOPPED has absolutely NO bearing on the situation. The question is where you were when the officer observed you speeding.
 

HighwayMan

Super Secret Senior Member
The citation of the charge you noted is from your court notification, yes? By the way, the unposted speed limit in New York City is 25 miles per hour.

What speed limit was displayed on the electronic sign?

Keep in mind that most of those "electronic signs" are not enforceable since they do not meet the standards for a traffic control device. Most are advisory.

Again, it doesn't matter where you were stopped, it matters where the violation took place.

I've had a few cases where I wrote the unposted speed but there was actually a sign posted. It's a non-issue if the limits match and if not I amended the charge prior to the hearing.

Chances are that any NYPD officer who wrote you a speeding ticket has alot of experience (either Highway Patrol or a precinct summons officer) and will not lose in court, even going up against an attorney. Your chances of winning are slim to none.
 

jayr

Junior Member
I'm curious - do you mean that a couple of feet ahead there was a speed limit sign?
It was at the entrance of a tunnel...there was a fedex truck in front of me, the officer pulled us both over--she then let the fedex truck go and issued me a speeding ticket
 

jayr

Junior Member
Where you were STOPPED has absolutely NO bearing on the situation. The question is where you were when the officer observed you speeding.
Driving through a tunnel with a Fedex Truck in front, officer said she clocked me speeding...I don't really see how with a truck in front
 

Zigner

Senior Member, Non-Attorney
The radar gun the officer had pointed at the tunnel
Thought you said you were clocked...
Anyway, if he got the FedEx truck at X and you were traveling at the same speed as the FedEx truck, then it stands to reason you were also traveling X.
 

HighwayMan

Super Secret Senior Member
What about some details here...

Officer from what agency wrote you the ticket?

What tunnel are we talking about?
 

jayr

Junior Member
What about some details here...

Officer from what agency wrote you the ticket?

What tunnel are we talking about?
1st avenue tunnel, Rush hour, midtown Manhattan

I was driving on the right lane towards the 59th st bridge, I believe the officer was nypd..she was posted at the exit in a small construction area to the right.
 
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Zigner

Senior Member, Non-Attorney
1st avenue tunnel, Rush hour, midtown Manhattan

I was driving on the right lane towards the 59th st bridge, I believe the officer was nypd..she was posted at the exit in a small construction area to the right.
Would you say that the picture you posted is more or less where you were stopped when you received the ticket?
 
Last edited by a moderator:

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