Legal Question in Traffic Law in New York
traffic ticket
I was ticketed in a school zone today and he told me between 2-4pm the speed limit is 25 and the signs on both sides of the street only say 35mph. besides school was closed today and all week for vacation. Do I have a case to fight here. no activities were going on at the school.
1 Answer from Attorneys
Re: traffic ticket
You do have a case. They authorities failed to post the change in speed and therefore fail to give adequate notice to the public of a change in the speed limit.
That being said, the problems that you are going to face are as follows:
First: You are going to appear in a local court with people, judges, prosecutors and police from that community. They are not going to want to hear an argument that is not protecting their children.
Second: Speeding in a School Zone is one of the biggest hot buttons in traffic law in the state as well as the nation.
Third: After you loose, you are going to have to appeal the decision to the Appellate Term or Appellate Division of the New York State Supreme Court which can be very time consuming or costly depending whether you do this yourself or hire an attorney.
You should talk to a local attorney who concentrates in traffic law and seriously talk to them and see what goes on in your area and how far you want to take this.
If you have any further questions, you can contact me at 516.746.4747 or [email protected].
Joel R. Salinger, Esq.
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