New York 1180a on Private Property

[Bonefish]

I wish I discovered this forum sooner. Here's the story. Back in August I was driving to work, went to turn into the site I work at for my employer. I made the turn and as I proceeded then my RWD pickup truck got squirrelly, fishtailing. I tried to regain control but it came around and hit the curb tipping onto its side on the grass (It's a Ford Ranger:Lesson Learned). I wasn't expecting the driveway to be this slippery. Although it rained earlier in the morning, this roadway wasn't dry, recently paved, 85+ degrees out, the main road was dry, kinda caught me by surprise. I could've driven away if it wasn't for a flat (several dents, no broken paint, mirror caused damage to the door, no mechanical damage, 2k insurance repair, nit pickers). I was issued an 1180a by the officer, unreasonable speed for the conditions. The site I work at wasn't impressed by this as I didn't do damage to their property and it is private property as they said. It gets better though, an hour before me another employee at the location lost control on this roadway and went backwards over the curb with his pickup. He then drove away but was later forced to call his insurance company due to 2k in suspension, axle, frame damage. I have a meeting with the ADA tonight, figure I'll explain the situation and show him pictures of the over paved roadway work out a deal if possible. Any suggestions would be appreciated. Thanks!What is the name of your state?

 

[You Are Guilty]

Tonight? A bit late to start planning your defense. But, here you go anyway:

You were not cited for 1180-A. You got a 1180(a) [big difference]

Basic rule and maximum limits.
(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
2. Every person convicted of a violation of subdivision (a) or (e) of
this section shall be punished by a fine of not less than forty-five nor
more than one hundred fifty dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment.

The "evidence" of your infraction was your tipped over Ranger - an event which does not usually happen when driving slowly and prudently.

Now, where it gets "tricky" is that, as you'll notice, there is no scope listed in that secton as to where it's applicable. That means the general scope from VTL 1100 is appliacable:

Provisions of title refer to vehicles upon highways;
exceptions
(a) The provisions of this title apply upon public highways, private roads open to public motor vehicle traffic and any other parking lot, except where a different place is specifically referred to in a given section.

So, the first question is, was the driveway in question excluded from the s. 1100 definition And if it was, can you obtain adequate proof of that in the next few hours? (photos, maps, affidavits of the owner, etc.)

If the answer to the question is "no", then it's time to practice crying on command

Good luck.

 

[Bonefish]

Here's how it went with the DA. She was under the impression that I was involved in an accident with another vehicle for some reason. I had to tell her several times I wasn't, I was close to blowing my top as this isn't what happened or suggested on any paperwork. Once that was clear and the evidence I showed her regarding the other guy being involved in the same type of incident an hour before me she dropped it down to a Failure to Obey a Traffic Device. Mission more or less accomplished