Case Law or Supporting Evidence for Speed Survey Defense

[Zigner]

How is this relevant?

I made two statements and they are both relevant. Your assertion that everything must conform to the MUTCD is wrong and that is very relevant. The fact that Grand Central Parkway is a state roadway is relevant because it means that the state law controls it.

 

[HighwayMan]

The traffic control devices DO conform with the MUTCD.

I have never heard of a speed survey in New York State. Perhaps DOT does them, but more likely they don't. There is no legal requirement that I know of that mandates them.

I have made several thousand appearances in TVB locations throughout NYC. I can tell you without equivocation that you are pursuing all of this for nothing and you are wasting your time. You will get nowhere. In addition there is no discovery in New York State for traffic infractions and no discovery in the TVB at all for anything.

The maximum speed limit on controlled access highways in the City of New York is 50 mph. You received notice from clearly posted traffic control devices (i.e. signs) and chose to ignore them apparently.

You will end up with 6 points on your driving record, a minimum fine in the $200 range and another $300 hit from the mandated Driver Responsibility Assessment. That will be higher if you have any points on your record from infractions committed within 18 months of the date of this speeding summons.

 

[Zigner]

The maximum speed limit on controlled access highways in the City of New York is 50 mph.

Is this statutory?

 

[HighwayMan]

Not specifically although it may be somewhere. This would be the applicable section of the Traffic Rules of the City of New York:

Section 4-06 SPEED RESTRICTIONS

(a) Maximum speed limits and basic rule.

(1) No person shall drive a vehicle at a speed greater than twenty-five miles per hour except where official signs indicate a different maximum speed limit.

(2) Where official signs are posted indicating a maximum speed limit, no person shall drive a vehicle at a speed greater than such maximum speed limit.

 

[NeilTheCop]

New York (NYC/Queens)

Hello,
Is there any case law in NY relevant to the Speed Survey defense? I see a lot from CA but am struggling in NY.

Thank you.

A lengthy document I know but page 5 says
"Under the present methodology, the creation of a speed zone no longer needs to be justified as it did previously. Instead, the Department upon request will establish a speed zone if their speed checks do not indicate that the statutory 55 MPH is
appropriate."
This could be interpreted as saying "See an attorney because it's complicated"
https://www.clrp.cornell.edu/q-a/153-ted-03-002.pdf

 

[HighwayMan]

There are no roads in NYC with a speed limit higher than 50.

NYC is the only municipality in the state that may enact it's own traffic laws.