Rochester drivers should be aware that, technically, a person may be charged with Speeding no matter what speed they are going.
New York Law sets forth a number of different circumstances under which Speeding may be charged.
Aside from the commonly seen offense of driving at a speed greater than the posted speed limit, Speeding includes driving at a speed found not to be reasonable under the existing conditions at the time.
As a result, even if you are driving slowly, you may still be charged with Speeding if a member of law enforcement believes you are going too fast for the road conditions at the time.
Drivers are also required to drive at an “appropriately” reduced speed regardless of the posted speed limits when special hazards exist such as approaching a curve, cresting a hill, or passing an emergency vehicle stopped on the side of the road with its lights activated.
Failure to do so may result in the driver being charged with Speeding.
A driver accused of Speeding by exceeding the posted speed limit will usually be accused of driving at a specific speed.
This is because the number of miles over the speed limit has an impact on the potential penalty.
For Speeding offenses that are based on road conditions instead of a posted speed limit, however, an exact speed is not required for the charge to stand.
Instead, a mere accusation that the driver was going too fast may be sufficient to support the charge.
If you have been accused of Speeding, we can help you fight the charge or pursue a plea to a lesser offense.
Call us at 585-484-7432.