Legal Question in Traffic Law in New York

55 in 30 - Trying to pass

4 way intersection and come to a stop as the lead car. The light turns green and I turn left to a 4 lane road that merges about 400 feet away. Another car made a right from the other side of the intersection was on my right side in the right lane and I in the left. She was ahead of me going slow. I figured that I could pass her seeing she was doing about 28. I accelerated to around 35 and found her looking over at me matching speed. At that point I must have lost concentration because I continued to accelerate untill I finally passed her. She followed me through the acceleration till about 50. I cleared her car and immediatly slowed down seeing as there was traffic infront of me. Another 100 feet down the road from the merge point is a speed limit posting changing the area from a 30 to a 40. I continued along for maybe a quarter mile when I noticed a police car behind a car behind me. The car behind me moved away for the officer who then caught up with me and pulled me over. A friend told me that in Rhode Island you need to have been speeding for atleast 3/4ths of a mile for the officer to pull you over. I had not been speeding for even a quarter of a mile. Please advise.


Asked on 10/30/04, 10:56 am

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

Re: 55 in 30 - Trying to pass

In N.Y. there is no minimum distance required to sustain a speeding conviction. That being said there are two possibilities in preparing a defense in your situation #1 being a defense of justification #2 being a possible plea bargain to reduce the points .You may call my office @718-834-0087 to further discuss these options.The phone consultation is free.

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Answered on 10/30/04, 1:19 pm


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