Ask a Traffic Law Question, Get an Answer ASAP!
I was pulled over for speeding in a school zone, 35 in a 15 MPH. I was completely caught by surprise. After going back to the school (which is a small school), I saw that the school only has a 15 MPH sign posted. No school time zone posted underneath the speed zone, no cross walks, no warning signs suggesting that you are entering a school zone. According to NYS law, is this not a requirement? Do I have a case that I was not properly warned that I was entering a school zone? I photographed other area schools and the signage is very obvious and apparent.
You are correct, the relevant statutory language is:
(c) Except as provided in subdivision (g) of this section, whenever maximum school speed limits have been established on a highway adjacent to a school as authorized in section sixteen hundred twenty,sixteen hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three or sixteen hundred sixty-two-a, no person shall drive in excess of such maximum school speed limits during:(1) school days at times indicated on the school zone speed limit sign, provided, however, that such times shall be between the hours of seven o'clock A.M. and six o'clock P.M. or alternative times within such hours; or(2) a period when the beacons attached to the school zone speed limit sign are flashing and such sign is equipped with a notice that indicates that the school zone speed limit is in effect when such beacons are flashing, provided, however, that such beacons shall only flash during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities.
The citation for that is McKinney's Vehicle and Traffic Law § 1180(c)
Therefore, it is required that the sign indicate times when the school zone is active. You could still be charged with regular speeding though
So you could not be charged with speeding in a school zone, but could still be charged with speeding.
Thank you. I am ok with pleading to regular speeding, 34 in a 15 is what the officer wrote on my ticket. Should I just speak to the judge then or plead not guilty?
You should really hire a local attorney to help you deal with this. You could plead not guilty and also show the evidence that there was no signage indicating that the school zone was present.
Ok. Thank you. I appreciate your time.
I went to court and it was reduced to a 34 in a 30, just as you predicted. I felt confident going in with some evidence and they were very agreeable to it. They are even going to look into changing the signs. Thanks!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).