NYC Speeding Ticket Defenses for SPD-UNPSTD 11-30

[LegalChess17]

Jurisdiction

New York

Hi,

I got the type of ticket in the title. Here are some particulars of my case.

1) The road I was ticketed on is a two lane road about 1 mile long that only leads to or from a highway. 2) No side streets or traffic control signs of any kind. Once you get on that road, you are getting on the highway or you are getting off the highway.
3) The road I was ticketed on had no speed limit sign when I was ticketed.
4) The road I was ticketed on now has a speed limit sign.
5) I did actually go faster the speed limit listed on the ticket (which is the same limit as the sign they put up).

Had that sign been there when I was ticketed, I wouldn't have gone over that limit.

Can anyone speak to what actual legal defenses are available for this kind of ticket (if any)?

 

[adjusterjack]

Not enough information.

Where were you cited? Provide a precise location.

A precise location will help point to the traffic laws of that precise location.

How fast were you going?

 

[zddoodah]

Here are some particulars of my case.

Curious how you provided all these facts but didn't tell us what the road's speed limit is or how fast you were going.

Can anyone speak to what actual legal defenses are available for this kind of ticket (if any)?

Not without knowing what the speed limit was and how fast you were going. You should also identify the state statute or local ordinance you have been charged with violating.

 

[Zigner]

You should also identify the state statute or local ordinance you have been charged with violating.

NYC 11-30

See also NYC Traffic Rules Section 4-06(a)(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. (http://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf)

Your favorite search engine will yield links to various attorneys if you simply search for spd-unpstd 11-30 nyc

 

[Zigner]

Curious how you provided all these facts but didn't tell us what the road's speed limit is...

Based on the OP's description of the road, the speed limit was 25 mph.

 

[Zigner]

Just as a note: I am not from New York but (setting aside the stereotypes) I actually like the way that the NYC traffic rules are spelled out. They are very straight-forward compared to others I've seen.

 

[flyingron]

Note that the word "highway" applies to just about any publicly maintained road in the state. People misuse the term to mean controlled-access highway all the time (I suspect you are doing so).
Anyhow, access highways still follow the same rules for other highways, 25 MPH appears to be the implicit speed. You have no defense.
Further, if you're up at the TVB, you're pretty much screwed no matter what your imagined defense is.

 

[LegalChess17]

The road in question is the entrance to the Belt Parkway in Bay Ridge Brooklyn heading towards Coney Island (off of 4th avenue). The speed limit sign that is there now is a 25mph speed limit. I was told I was going 36mph 11 miles over the speed limit when I was stopped.

From a common sense perspective, there should be no legal defense that is plausible with or without a lawyer since:

1) No speed limit sign needs to be present (on that or any road in NYC apparently) to hold a person responsible for breaking this traffic code.
2) No clear indication that a road that looks like a really long Belt Parkway on ramp is actually a "normal" city street to which the above applies.

I can't wait to get out of this hell hole.