New Guy - Seemingly simple question

[RedcarinNY]

I'm sorry I hit the wrong Key on my laptop, the date it the 13th.

Thanks valycop for your comment.

You are more than welcome to come on up. Excet I'm about 6-8 hours away from NYC. If you truely want to drive that long to watch court feel free. Seems rather pointless to me.

I never said that I was going to go to court and explain the 'belief' that I had. If I did I'm sorry for the mistake. Perhaps there was just a misunderstanding. Either way, what I meant to say was that I was going to pursue court because I did not believe the speed he had cited me at. Therefore I will make an effort to disprove his case based on other facts. (If he would have cited me for 65 or 66 in the area I would have just mailed the ticket in and paid the fine, but that is not the case).

An interesting fact that I peronally found while researching is that the location where an officer intends to write a ticket, must first have an engineering study (speed survey) done to calculate the mandatory speed limit. Unless they have engineering justification, only this mandatory speed limit can be posted and enforced. Also the study must be current; it must have been done within 5 years of the date of your citation. Once that is all found the posted speed must be within 5mph of the average drivers speed during the speed study. For instance, if the speed study shows that the average speed driven on a road is 41 mph, then the posted speed must be 45mph (41mph rounded up to the nearest 5mph or 45mph). The speed can only be rounded up.

What I found was that there is in fact a survey for the area in which I was cited, HOWEVER, the survey is not current (not done within 5 years)

With this information I BELIEVE (correct me if i am wrong) my case must be dismissed because of a technicality.

Thank you all for your very informative posts, I appreciate it.

RedCarinNY

[Old Trooper]

I don't know where you found THAT information, but I would be very interested to know. The "mandatory" or maximum speed limit in NYS is 55, unless otherwise posted. Period! They do NOT need speed surveys to post/enforce the speed limits. If you did your research on the internet, I suggest you purchase a copy of the NYS Vehicle and Traffic Laws, and research that book instead. Then, set aside a sizeable amount of money to pay the fine AND the bump in your insurance premiums.

[scott715us]

I'm not sure about most states, but speeding in general is a set number of points on one's record. If I mark "speeding" on the ticket, then that is what is taken down by the TN Dept of Safety and those are the points administered. It doesn't matter how fast over. Like I said though, that's TN.

Those that are doing some God awful amount over the posted speed limit may be cited for careless/reckless driving. This is more points on the traffic record in our state vs. getting hit with just speeding. Good luck

[207]

I'm not sure about most states, but speeding in general is a set number of points on one's record.
In CT if you plead guilty and mail in the fine there are no points assessed.

[RedcarinNY]

I'm not sure about most states, but speeding in general is a set number of points on one's record.
In CT if you plead guilty and mail in the fine there are no points assessed.

Wow, that is a very interesting fact.

Thank you for that, and everyone else for their on-going opinions.

RedCarinNY

[R1364]

Deleted by poster

[scott715us]

I'm not sure about most states, but speeding in general is a set number of points on one's record.
In CT if you plead guilty and mail in the fine there are no points assessed.

That's Crazy!! If you plead guilty and mail in the ticket, it definitely goes on your record in TN. If you go to court and elect/pay for traffic school, the points and cite are kept off your driving record. That's the whole reason for encouraging drivers who get tickets to go to court/school rather than just paying for it. Weird.

[FloridaLEO]

An interesting fact that I peronally found while researching is that the location where an officer intends to write a ticket, must first have an engineering study (speed survey) done to calculate the mandatory speed limit. Unless they have engineering justification, only this mandatory speed limit can be posted and enforced. Also the study must be current; it must have been done within 5 years of the date of your citation. Once that is all found the posted speed must be within 5mph of the average drivers speed during the speed study. For instance, if the speed study shows that the average speed driven on a road is 41 mph, then the posted speed must be 45mph (41mph rounded up to the nearest 5mph or 45mph). The speed can only be rounded up.


RedCarinNY

Guy, the traffic court judge won't give two S#*%@ about this type of information. Go ahead and try it though, you'll defintely get a good laugh out of everyone in the court room.

[207]

That's Crazy!! If you plead guilty and mail in the ticket, it definitely goes on your record in TN. If you go to court and elect/pay for traffic school, the points and cite are kept off your driving record. That's the whole reason for encouraging drivers who get tickets to go to court/school rather than just paying for it. Weird.

OH, it goes on your record it's just that there's no "points" accessed. And the DMV will send out the "back to school" letter when they deem it necessary but even then they still don't get with the program.
We stopped a guy leaving our facility after one of the drivers ed classes... Unregistered M/V, No insurance, Failure to carry license and Misuse of registration plates... A drivers history check showed his license was to scheduled to be suspended 2 days later.. :rolleyes:

[Joeyd6]

1) Great...I will drive there.....4/13. What court?

2) Engineering study? No. I spoke with our legal bureau today....no such thing. I then called and spoke with the chief administrative judge for NY DMV here in NY City. They handle all hearings down here and have heard all the excuses. After kindly doing some research and calling me back, my original thought, along with everyone elses, was confirmed. No such thing. I recommended youat go get a drivers manual and read it. They are free at DMV.

We don't set speed limits based on peoples average speeds. Average speed on the Thruway is 70 mph...but the limit is not rasied. The limits are actually regulated by the Federal Department of Transportation. If you go beyond their limits, you do not get federal funding for the road. I can't wait to see this go down!!!!!