Legal Question in Traffic Law in New York

Speeding Ticket in NYC. I could use some help.

I received a speeding ticket at the end of Novemeber. The offense was doing 52 in a 30 zone. That is what the ticket says. On the white slip, it says 11-30 MPH, which is confusing regarding the points. I had my hearing in April and the officer was not prepared so the judge postponed the date until August. My defense is that I did not and could not see the 30 MPH sign, thinking it was still 40 MPH. I had never been there before and it's not near my home. The reason I did not see the sign was that it was on the left hand side. I was in the left lane and it was converging with the right lane. As I was looking in my right side view to make sure I don't collide with another car, I noticed that when I look back, the sign is gone, in that I did not see it. If I had been in the other lane, I would have. There was a 2nd sign, which is the one I saw and was slowing down at. I was doing about 45 MPH in the 40 zone, when the lane changing occured. To pass another car, I sped up a little (I do not recall hitting 50 and am only going by what the officer said). When I saw the cop car, I was already slowed down at like 38 or so.

I have 1 previous ticket on my record which would be 3 years ago in May, which I am assuming will be clear by then.


Asked on 4/14/04, 3:03 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: Speeding Ticket in NYC. I could use some help.

Being a former Traffic Court Judge I'll say what I used to say all the time in court to the litigants "if the speed limit is 30mph and you admit to travelling at 40mph then why do you consider yourself not guilty."You may call my office for further info @718-834-0087.

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Answered on 4/15/04, 1:19 pm


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