(spd-unpstd 11-30 nyc)

[newjersey2428]

NEW YORK, I was found guilty on a speeding ticket, (SPD-UNPSTD 11-30 NYC) I was suppossedly speeding in a unposted speed limit zone. How is that possible? It was NYC, the cop also mentioned to the judge the closest sign several yrds back was spray painted with graffiti.

 

[LillianX]

New York City, or elsewhere? (It matters)

 

[newjersey2428]

It was NYC, the cop also mentioned to the judge the closest sign several yrds back was spray painted with graffiti.

 

[FlyingRon]

So what was the posted speed, what was the speed you were accused of doing? Unless the posted (but graffiti'd) speed was more than 30 MPH, it doesn't seem inappropriate (provided you were exceeding 30).

 

[LillianX]

The default speed limit in NYC is 30MPH. As Flyingron said, if you were going over that, you were speeding, unless the posted limit where you were was higher.

 

[HighwayMan]

You were cited for violating New York City Traffic Rules 4-06 (a1) - speeding in an unposted zone.

Since the officer clearly stated that the speed limit sign was obscured, you can't be held responsible for that posted limit, thus the unposted limit is in effect. THAT limit is 30 mph.

It doesn't matter what the posted speed was because it didn't apply here. My guess was that it was 30 or maybe 35 if it was on the street.

Go ahead and appeal (it'll cost you) but you don't stand much of a chance.

 

[FlyingRon]

You were cited for violating New York City Traffic Rules 4-06 (a1) - speeding in an unposted zone.

Since the officer clearly stated that the speed limit sign was obscured, you can't be held responsible for that posted limit, thus the unposted limit is in effect. THAT limit is 30 mph.

It doesn't matter what the posted speed was because it didn't apply here. My guess was that it was 30 or maybe 35 if it was on the street.

Go ahead and appeal (it'll cost you) but you don't stand much of a chance.

If he was going under the posted speed he can argue that despite the defacing of the sign, he could read or otherwise knew what it said. If he was still speeding at the posted speed, you are right, fighting it is pointless.

 

[HighwayMan]

I've had cases where I was in motion and despite my best efforts didn't see any signs. I wrote for the unposted limit and the judge amended to the posted limit - still a conviction. Those amendments were based on evidence introduced by the motorists at the hearing.

If no such evidence was introduced at the OP's hearing it's too late now - the Appeals Board will not consider any evidence not already on the record.

A TVB appeal is not as straightforward a process as, say, appealing a parking ticket. And it costs money. I would say that in this case it's not worth it.