Speeding ticket on major boulevard in New York

[nabokov]

Jurisdiction

New York

I don't know if many of you know about our Mayor Bill di Blasio who instituted a ridiculous speed limit in New York City. It has been a pretty slow 30 MPH even on major roads like Queens Boulevard which has 4-5 lanes in different places and with 3 for the main road and 1 local road. The speed limit was lowered to 25 MPH and is crazy slow. They also have cameras checking speed. I received a speeding because of what is happening now. Everyone was used to the 30 MPH speed limit and I don't believe for a second that the lowering of the speed limit was done for safety. I think it was done to give out speeding tickets. Take advantage of people being used to driving 30 MPH and then forcing them to drive at a pace which is so slow it is like watching paint dry. What can a driver do in New York City to fight this law? Is there any defense to my speeding ticket?

 

[adjusterjack]

Is there any defense to my speeding ticket?

No.

The law has been in effect since Nov 2014 and was well publicized in the NY Times, Wall Street Journal, Daily News, just to name a few.

The signs have certainly been up since then so your implication that this came as a surprise is spurious.

What can a driver do in New York City to fight this law?

Vote out the mayor and his cronies at the next election.

You can take some consolation in the fact that his supporters are also suffering from the 25 mph limit.

 

[army judge]

What can a driver do in New York City to fight this law?

The voters can elect a new mayor and new council members.

Is there any defense to my speeding ticket?

Yes, go to court and present your defense.

Only you know if you had a defense.

I say OBEY their laws, avoid their courts.

They want your money.

Be smart, don't break their laws, keep your money.

 

[Highwayman]

The speed limit was lowered to 25 MPH and is crazy slow.

Not much "crazier" than 30 mph.

By the way, speed cameras won't bother you unless you're doing at least 10 over. Most police officers will allow you 15 over the limit before you get ticketed. So just how fast were you traveling according to your summons?? No one is getting written for 5 over.

Any police officer doing speed enforcement in the City of New York is specially trained and experienced in doing traffic enforcement AND in giving accurate court testimony. Your chances of winning are close to zero.

Your ONLY chance is to hire an attorney - one who regularly works in the TVB office where your summons will be adjudicated, but even then the chances of a win are very slim.

 

[Highwayman]

By the way, QB has been dubbed "The Boulevard of Death" because of the large number of traffic fatalities on that roadway. You can say what you will about the speed limit on that particular roadway, but in many minds it's justified there.

The 25 limit is the unposted speed limit - roadways with posted limits may have higher speed limits set.

 

[Michael Wechsler]

FYI, a motorist took a video of a police officer explaining that Mayor Bill di Blasio mandated that traffic enforcement (police) write speeding tickets and implied that it's the reason for the reduction in the speed limit. The police officer ended up with a great deal of trouble after the video surfaced.

Here's my understanding of how Vision Zero came into effect. I lived right near W.96th Street and West End Avenue in Manhattan where the famous and unfortunate car accident and fatality occurred, which led to the Vision Zero initiative. Reducing the speed limit to 25 MPH was Mayor Bill di Blasio's response to the fact that cars (especially taxi cabs) would regularly speed down West End at speeds in excess of 40 MPH. While some suggested that enforcing the 30 MPH speed limit would be more effective, the "Vision Zero" plan was implemented instead. The reasoning was that a study revealed collisions at 25 MPH were significantly less likely to avoid in a car accident fatality. Hence 25 MPH would save lives all over the city and worth the cost of also investing millions of dollars to change the signs. And even if it meant driving at a glacial pace, there isn't a price one can place on the benefit of saving lives.

I can appreciate your anguish since 25 MPH does feel glacial. And @Highwayman is exactly correct about "The Boulevard of Death" nickname for Queens Boulevard. And regardless of the speed which most of the accidents may have occurred, the stigma is still there. And who is going to argue with the response that your traveling faster than 25 MPH could potentially have resulted in an unnecessary fatality. We don't even have to get to the simple legal fact that traveling above the speed limit is enough to find you guilty without getting to the question of whether the speed limit is ridiculous. As long as the sign is clear and conspicuous, the wisdom of the legislature will not be in issue.

Your ONLY chance is to hire an attorney - one who regularly works in the TVB office where your summons will be adjudicated, but even then the chances of a win are very slim.

Unfortunately this is probably very true. I had my own experience with one of the ALJs at the Queens South DMV. Speaking to some of the traffic attorneys at the DMV (there is a little bullpen for lawyers), I was told it can be a crapshoot. And depending upon the ALJ, you are probably best served by someone who knows what they want to hear. But every traffic court is different. Good luck but I think you're probably wasting time fighting this traffic ticket.

 

[adjusterjack]

cars (especially taxi cabs) would regularly speed down West End at speeds in excess of 40 MPH.

I drove a cab (71 Chevy 4 door cruiser) in NYC in 1972 and fondly remember racing other cabs down Park Avenue at 5 AM.

I'm sure we did much better than 40 mph, especially through the Park Avenue underpass.

That Chevy was a real screamer.

Ah, the good old days.

 

[Highwayman]

The reasoning was that a study revealed collisions at 25 MPH were significantly less likely to avoid in a car accident fatality.

The problem here is that no one is moving at the speed limit. No police officer (in NYC) is going to write someone for just a few miles an hour over the limit because that's just ridiculous and much more prone to being beaten in court. Personally, I don't bother unless it's at least 15 over and when I did traffic enforcement on the limited access roadways I didn't write anything except 20+ over.

If the then-existing speed limit was strictly enforced by targeting the worst offenders the beneficial effect would be felt without a need to reduce the speed limit by 5 mph.

"Vision Zero" should be more focused on targeting aggressive and dangerous drivers, of which there are plenty.

Unfortunately this is probably very true. I had my own experience with one of the ALJs at the Queens South DMV. Speaking to some of the traffic attorneys at the DMV (there is a little bullpen for lawyers)...

Ah, yes. I spent many hours in Queens South butting heads with Jay Gelman who, at the time, was one of the few attorneys there.

But honestly, (and I realize my perspective is different than yours) I found most ALJs fair in that if the officer missed one of his points the motorist would be found not guilty. Of course, once an officer gets to the point where he knows what to say and covers what he needs to, losses are very rare.

There were times when I'd walk in with a motorist who I had written 5 or 6 well-deserved summonses to and left losing a few - even though my testimony was perfect. I'm not talking about petty stuff but serious aggressive infractions.

In all the TVB offices I've testified in I would say there were only two ALJs in the city who would find a motorist guilty of 5 or 6 infractions if the officer testified correctly for each - Judge Fuchs in Queens South and the infamous Judge Levine in Staten Island.

I know motorists see the system as being stacked against them, but very many police officers see it as a system biased against them.