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Section 1180B violation

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Shiamak

Junior Member
Hi,

today I was given a speeding ticket for driving 80MPH in 55 MPH zone by NYS state trooper, he applied section 1180B and on the ticket it says "Officer Observation"...

Though the cops car was way ahead of me and he did not stop for almost 6 miles , when I got to HUDSON (Tappen Zee) toll , he quietly came behind me and turn is lights on and pulled me over to give me a speeding ticket.

I was not going 80MPH Iknow that, I have a NYS driver license for almost a year but recently I moved to NJ.

my record in NYS is clean except I had one minor violtion in NJ.

I was wondering if someone could help me?
 


HighwayMan

Super Secret Senior Member
This is VTL 1180 (b) (along with (a)):

§ 1180. 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.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.


Odd, you sure he didn't write subsection "D"? Doesn't make much difference either way, though. And sub "G" just deals with large commercial vehicles, so ignore that part.

How did he come up behind you if he was "way ahead" of you? How far ahead is "way ahead"? What side of the bridge did the incident take place on, Westchester or Rockland - I know he stopped you at the toll plaza, but going which direction? Even if he was in front of you he can still SEE YOU, right? For some reason most people think that if they are behind a police car they are invisible to the officer.

He estimated your speed and did not use radar apparently. Which is fine - nothing wrong with that.

So, what kind of help would you like?
 

Shiamak

Junior Member
This is VTL 1180 (b) (along with (a)):

§ 1180. 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.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.


Odd, you sure he didn't write subsection "D"? Doesn't make much difference either way, though. And sub "G" just deals with large commercial vehicles, so ignore that part.

How did he come up behind you if he was "way ahead" of you?

Shiamaks Response: He did not bother to slow down for almost 8 miles first as cops cruiser and my car was in the left most lane, as I got closer to Toll plaza (going south on Tappen Zee) I had to change the lane and slow down (around 20 mph), this the time when sneakingly he changed the lane too and came right behind me and turn his light on.

How far ahead is "way ahead"?

Shiamaks response: there was a distance of alomost 800 to 1000 yards between cops car and mine.
What side of the bridge did the incident take place on, Westchester or Rockland. - I know he stopped you at the toll plaza, but going which direction?

Shiamak Response:South

Even if he was in front of you he can still SEE YOU, right? For some reason most people think that if they are behind a police car they are invisible to the officer.

He estimated your speed and did not use radar apparently. Which is fine - nothing wrong with that.

Shiamaks Response: On side on the ticket he indicated "Officers Observation" but on the other side he indicated "PACE"?


So, what kind of help would you like?
Some direction as to weather i should fight the ticket or plead guilty..or I need a laywer?

Thanks for your help,
 

Shiamak

Junior Member
Originally Posted by HighwayMan
This is VTL 1180 (b) (along with (a)):

§ 1180. 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.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.


Odd, you sure he didn't write subsection "D"? Doesn't make much difference either way, though. And sub "G" just deals with large commercial vehicles, so ignore that part.

How did he come up behind you if he was "way ahead" of you?

Shiamaks Response: He did not bother to slow down for almost 8 miles first as cops cruiser and my car was in the left most lane, as I got closer to Toll plaza (going south on Tappen Zee) I had to change the lane and slow down (around 20 mph), this the time when sneakingly he changed the lane too and came right behind me and turn his light on.

How far ahead is "way ahead"?

Shiamaks response: there was a distance of alomost 800 to 1000 yards between cops car and mine.
What side of the bridge did the incident take place on, Westchester or Rockland. - I know he stopped you at the toll plaza, but going which direction?

Shiamak Response:South

Even if he was in front of you he can still SEE YOU, right? For some reason most people think that if they are behind a police car they are invisible to the officer.

He estimated your speed and did not use radar apparently. Which is fine - nothing wrong with that.

Shiamaks Response: On side on the ticket he indicated "Officers Observation" but on the other side he indicated "PACE"?


So, what kind of help would you like?
 

HighwayMan

Super Secret Senior Member
I'm sorry - I just have to laugh at that! :D
I am laughing too!

Shiamak: You still don't explain how he went from "800 to 1000 yards" ahead of you to being behind you. You just say he changed lanes and pulled you over.

And if he was 1000 yards ahead of you I doubt that you could even pick his troop car out of the crowd. I am questioning whether you know how far 1000 yards is. You sure you don't mean "feet"?

So he paced you and estimated your speed. That's insignificant and doesn't mean anything.

You are not explaining your story clearly.
 

Shiamak

Junior Member
I am laughing too!

Shiamak: You still don't explain how he went from "800 to 1000 yards" ahead of you to being behind you. You just say he changed lanes and pulled you over.

And if he was 1000 yards ahead of you I doubt that you could even pick his troop car out of the crowd. I am questioning whether you know how far 1000 yards is. You sure you don't mean "feet"?

So he paced you and estimated your speed. That's insignificant and doesn't mean anything.

You are not explaining your story clearly.

I am sorry for not giving you enough information...let me try again..

First on my Speeding ticket there is ONLY B (1180-B)..no D or any other letter..

Now, perhaps I dont know how exactly to measure yards.. I was guesstimating based on Football fields I have been to...

How cop got behind me...

The I was "trailing" cops car for almost 7 to 8 miles.. and obvioulsy I was behind the cops cruiser...we kept going in the same direction (same lane - eft most) for almost 7 to 8 miles...
then I changed lane...(mid lane) and the cop slowed down but was still in the left most lane...
then I went to the right most lane.. and suddenly I relized the cop was right behind me....with his lights on and he pulled me over.

BTW: between me and the cops car there were no other cars but there were so many cars to out right...

I hope i did better job explaining it now.
 

Shiamak

Junior Member
I am sorry for not giving you enough information...let me try again..

First on my Speeding ticket there is ONLY B (1180-B)..no D or any other letter..

Now, perhaps I dont know how exactly to measure yards.. I was guesstimating based on Football fields I have been to...

How cop got behind me...

The I was "trailing" cops car for almost 7 to 8 miles.. and obvioulsy I was behind the cops cruiser...we kept going in the same direction (same lane - eft most) for almost 7 to 8 miles...
then I changed lane...(mid lane) and the cop slowed down but was still in the left most lane...
then I went to the right most lane.. and suddenly I relized the cop was right behind me....with his lights on and he pulled me over.

BTW: between me and the cops car there were no other cars but there were so many cars to out right...

I hope i did better job explaining it now.

BTW: On my ticket it says "Charges based on Officers: Direct Observation
and Speed Verified by: PACE

Also the officer gave me "Supporting Desposition" without me asking for it.
 

HighwayMan

Super Secret Senior Member
BTW: On my ticket it says "Charges based on Officers: Direct Observation
and Speed Verified by: PACE

Also the officer gave me "Supporting Desposition" without me asking for it.
You got a computer printed ticket (Tracs). They always give you a supporting dep at the time of service.

You couldn't have been that far behind the trooper if he got behind you as fast as you seem to indicate.
 

Shiamak

Junior Member
You got a computer printed ticket (Tracs). They always give you a supporting dep at the time of service.

You couldn't have been that far behind the trooper if he got behind you as fast as you seem to indicate.
OK.. now what are my alternatives?

Do you think I should go for plea bargain or plead not guilty or should go for trial?
 

Shiamak

Junior Member
Hi,

today I was given a speeding ticket for driving 80MPH in 55 MPH zone by NYS state trooper, he applied section 1180B and on the ticket it says "Officer Observation"...

Though the cops car was way ahead of me and he did not stop for almost 6 miles , when I got to HUDSON (Tappen Zee) toll , he quietly came behind me and turn is lights on and pulled me over to give me a speeding ticket.

I was not going 80MPH Iknow that, I have a NYS driver license for almost a year but recently I moved to NJ.

my record in NYS is clean except I had one minor violtion in NJ.

I was wondering if someone could help me?

I think you misunderstood....what i meant was i was behind the cop cruiser for almost 8 miles maintaining distance of 800 to 100 yards...(or feets..if that helps you ) before he pulled me over.
 

LSCAP

Member
In other words, when he slowed for the toll, the officer dropped back, then came up behind him and flipped on his lights.

So he paced from in front, then dropped back and pulled him over at the toll.

And if he paced from a thousand feet, that's pushing the accuracy of pacing. We used to do it from about three to five car lengths from behind.
Working out of a rear view mirror at half that distance is ….Beats me.. :confused:
 

HighwayMan

Super Secret Senior Member
I think you misunderstood....what i meant was i was behind the cop cruiser for almost 8 miles maintaining distance of 800 to 100 yards...(or feets..if that helps you ) before he pulled me over.

No, I understood but it seems an unreasonable distance.

If it helps me? You had better get it straight if you want to go to trial. There is a big difference between feet and yards.

What court did the ticket get written to?
 

HighwayMan

Super Secret Senior Member
In other words, when he slowed for the toll, the officer dropped back, then came up behind him and flipped on his lights.

So he paced from in front, then dropped back and pulled him over at the toll.

And if he paced from a thousand feet, that's pushing the accuracy of pacing. We used to do it from about three to five car lengths from behind.
Working out of a rear view mirror at half that distance is ….Beats me.. :confused:
I don't think he has ANY idea what the distance really was. If it was 1000 yards it would not be so easy for the Trooper to hang back and get behind him at the toll plaza.
 
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