What is the name of your state? New York (TVB system)
Hey guys, I'm hoping someone might be able to give me some insight. A month ago, I was pulled over for supposedly speeding. The cop kept telling me to "man up" and admit I was speeding, and that he "isn't stupid". Well I didn't admit anything. He came back with a ticket which said "speed not reasonable and prudent" and under the "in violation of" part it says "section 1180, sub. (a)" which is "speed not reasonable and prudent". Normally, when a cop gives a ticket for 1180(d), he will use the little space where it says "speed __ in a __ zone". For some reason, he put 60 in a 30 there, even though he is accusing me of 1180(a).
I mailed my ticket in marked "NOT GUILTY" and got a letter back with my court date. Under "Violation Description" it says "SPEED IN ZONE 11-30". Can they do this? The speed should not be the relevant factor here. He gave me a ticket for not traveling at a reasonable or prudent speed. The NYS website describes an 1180(a) as follows:
Can I be ticketed for speeding if I am not actually exceeding the posted speed limit?
Yes. Vehicle and Traffic Law section 1180(a) requires that: "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." Where this very often comes into play is during the winter months when the roadway is slippery due to ice and/or snow. Under these conditions, and others like them, motorists are required to reduce their speed – even to a speed below the posted speed limit - to a speed that is reasonable and prudent, that is, to a speed at which the motorist can maintain control of the vehicle despite inclement road or weather conditions.
An 1180(a) ticket is not so much for speeding, as it is for not reducing your speed in hazardous conditions. There was no inclement weather or anything that night.... It was perfectly clear and dry.
How can they accuse me of one thing now, when the cop accused me of something else before? This might not be very clear cut, so let me use this example: If I was given a ticket for using a cell phone while driving, how can they say "oh he should have received a ticket for speeding". This doesn't make any sense!
In any case, I appreciate any and all input. Thanks!