NY Chataqua County Sheriff Speeding Ticket?

[soccermomiam]

What is the name of your state (only U.S. law)? NY
My question involves a speeding ticket from the State of: New York, by the Chataqua county sheriff. My 17 year old son was driving about 300 yards in front of us home from dinner. The sheriff was coming from the other direction, and clocked him at 52mph. The thing is, he was about 12 feet from the sign that changed the speed limit from 35 to 55. He had just seen the sign and started speeding up. I know in PA the police officer cannot run "speed" within 500 ft of a speed limit change, am not sure on NY laws. I would argue that a 17 year old, could be seen as a speeder, but with his parents right behind him? Not in the picture, it is our new (used) car (5 days old), and he is use to driving our SUV, would be terrified we would take the car away. The other reason I am sure of his speed, is our 16 yr old just started driving on her permit, and we are really teaching her about speeds and driving period, she was driving so we were talking about her speeds.

Thanks in advance for any advice you can offer.

 

[AgentSmithers]

Well there are a couple defences I know in court that Basic Speed law says he was driving at a unsafe speed, maybe telling the Judge as a LAST RESORT that he dident really brake the law (Road, Weather, Clear Traffic, Sign Up Ahead).

 

[I_Got_Banned]

So, you stated that he did speed up here...

He had just seen the sign and started speeding up.

... but then you suggested that he couldn't have been speeding, here...

I would argue that a 17 year old, could be seen as a speeder, but with his parents right behind him?

How fast do you think he was going before he passed the 55mph sign?

 

[I_Got_Banned]

Well there are a couple defences I know in court that Basic Speed law says he was driving at a unsafe speed, maybe telling the Judge as a LAST RESORT that he dident really brake the law (Road, Weather, Clear Traffic, Sign Up Ahead).

The "Basic Speed Law" does not apply to every speeding citation. Only when a driver is cited for California Vehicle Code section 22350... And even then, that only applies in CALIFORNIA. New York state might not have the same law on their books!

 

[soccermomiam]

So, you stated that he did speed up here...


... but then you suggested that he couldn't have been speeding, here...


How fast do you think he was going before he passed the 55mph sign?

I guess I did confuse that a bit. He was speeding up. He was about 15 feet from the sign when the officer passed him going the opposite direction, he looked at the sign and checked his speed. He was going 50 at that point. He had not been going faster than the 35 mph. prior to seeing the speed limit sign

 

[I_Got_Banned]

I guess I did confuse that a bit. He was speeding up. He was about 15 feet from the sign when the officer passed him going the opposite direction, he looked at the sign and checked his speed. He was going 50 at that point. He had not been going faster than the 35 mph. prior to seeing the speed limit sign

A speed limit zone begins once you pass the sign which states that particular speed limit.

If in your untrained opinion you think he was traveling at 50mph before passing the 55mph sign, then I would venture to guess that an officer (who is trained to have the ability to more accurately gauge other vehicles speeds) charging him with driving at 52mph might not be so wrong! Additionally, you didn't mention whether the officer relied purely on a visual estimate or whether he used a device to measure the speed. But that too can dictate the accuracy of his measurement/estimate.

Either way, 50mph in a 35mph zone OR 52mph in a 35mph zone are both considered speeding, no matter how you look at it.

I would offer you more as far as how you might be able to defend against this charge but it is my understanding that the process may differ based upon the area where you reside in New York. So I will leave that up to someone who knows more than I do about those particulars. IO will however say that depending upon the period that your son has had his license for, might also dictate that he is still under a probationary license and if that is the case, any two convictions of moving violations can result in a temporary suspension of his driving privilege.

 

[soccermomiam]

The officer used a radar reading while he was traveling in opposite direction. This is my son's first ticket for anything, and will be turning 18 in 2 months, at which time he will get his PA lic. He has a junior lic from pa as of now since he was 16.5.

 

[I_Got_Banned]

The officer used a radar reading while he was traveling in opposite direction. This is my son's first ticket for anything, and will be turning 18 in 2 months, at which time he will get his PA lic. He has a junior lic from pa as of now since he was 16.5.

The officer's direction of travel is irrelevant since the Radar equipment will account for his speed in relation to that of the moving target. Having said that, I will add that his using Radar makes a bit tougher of a fight.

As for his Jr license from PA, initially, the case is being adjudicated in NY... As for his status of his Jr license, PA's rules will apply once they find out and assuming he is in fact found guilty.