Legal Question in Traffic Law in New York

unreasonable speed for conditons Defenses

I was in an car accident where a city work truck stopped

on the first lane of a parkway over a hill around a curve.

The police stated i was going to fast for conditions it

was about 12 noon on a clear dry day. How do i

defened myself


Asked on 2/27/03, 11:57 am

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: unreasonable speed for conditons Defenses

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

These cases are very tricky because it is very, very difficult to beat a traffic ticket, whether or not you are right. "Basic speed law" cases are even tougher because it is subjective as to whether or not you were breaking the law.

A bad result in traffic court not only affects your points and insurance rates, but could damage any case you have against the city for any injuries you may have had. You will have to speak to a lawyer about that situation.

If you like, if you are in New York City, I will refer you to a lawyer who does traffic cases every day. That will give you a better shot at it, though there are no guarantees.

In the meanwhile, go out to where the accident occurred, take a lot of pictures and video that will help show whether your speed was appropriate, and try to get a weather report for that day and time to prove the conditions were good.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/28/03, 7:53 am


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