Author: RLF Attorneys

The best advice for avoiding a speeding ticket is to slow down. This generally means obeying the posted limit, or at least not going too far above it, but this advice can be taken too far. If you drive like the proverbial granny, you won’t be at risk for a speeding ticket, but you could be facing a totally different kind of citation under New York State VTL 1181.

There are two ways to get ticketed for going too slow in New York. The first, VTL 1181-a, applies primarily in instances where someone is impeding traffic. For example, if you are driving 20 mph on a busy road with a 45 mph limit, that’s a ticketable offense. There’s no guidance for how far below the speed limit you have to be to get a ticket — the officer has discretion in this case.

The second, VTL 1181-b, is for those driving below the posted minimum speed. This is only applicable on select roadways with posted minimums, such as the Long Island Expressway or the New York Thruway; most local roadways don’t have minimum speeds. Unlike a ticket for VTL 1181-a, you do not necessarily have to be impeding traffic to get a ticket for going below the minimum. If circumstances warrant, it is possible to receive a ticket for both violations.

Of course, there are times when you should go well below the posted speed limit or minimum, such as during a snowstorm or heavy rainfall. In that case, your slow speed might be considered prudent for the conditions. Like the statute for impeding traffic, there’s no specific guidance on what is considered prudent or the conditions under which they apply. In general, drivers should consider going below the speed limit whenever visibility is strongly reduced (e.g. in a thick fog), the ability to stop on time is compromised (e.g. on ice-covered roads), or both (e.g. on wet roads during a rainstorm).  

A ticket for either impeding traffic or driving below the posted minimum carries a $150 fine, plus court costs. Each violation also carriers three points on your license and up to 15 days of possible jail time. A second violation within 18 months ups the consequences to a fine of $300 and 45 days of jail time.

If you or a loved one has been ticketed for speeding, impeding traffic, or driving below the minimum speed, it is imperative that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

Part I of this two-part series looked at how speed limits are determined. For the past 50 years, most limits have been based on the 85th percentile rule, also known as a rational speed limit, which was built on the idea that people are more likely to obey limits if they are set at a speed that drivers feel are rational.

Unfortunately, the majority of drivers don’t feel that speed limits set with the 85th percentile rule are reasonable. A 2008 study showed that drivers do not associate speed limits with safety. Instead, they tend to worry almost exclusively about getting caught.

This has been largely attributed to the Emergency Highway Conservation Act of 1974. When the OPEC oil embargo sent gas prices soaring, President Nixon signed the bill to establish a 55 mph speed limit on all four-lane divided highways. The goal was to reduce gas consumption (which it did, but only by a mere 1%), but most drivers saw it as an affront to their personal freedom. It was repealed in 1995, but the damage was done: speed limits became associated with overregulation and drivers began to ignore them.

Even when speed limits are increased, most drivers simply drive at the speed they are comfortable. During an 18-month study along the New York Thruway, the speed limit was increased from 55 mph to 65 mph. The average speed along the road remained the same, at 68 mph, regardless of the change. A separate national study conducted by the Federal Highway Administration (FHWA) found that the average speeds on roads remained constant regardless of lowering or increasing the speed limit; drivers did whatever they wanted.

In addition, research supports the notion that obeying speed limits does not necessarily correlate to safety. According to the Institute of Transportation Engineers, those driving 10 mph slower than the prevailing speed are six times more likely to be involved in an accident than someone going 10 mph over the limit. However, there is no clear consensus regarding this finding and the sheer ubiquity of speeding makes it difficult to isolate as a factor in the frequency of accidents.

Are speed limits useless? It’s difficult to say with any certainty. What is clear, according to the FHWA, is the laws of physics, which prove beyond doubt that speed and crash severity are inextricably linked. Even if speed limits don’t seem rational, they’re still a good idea.

A conviction for speeding costs at least $150 plus a mandatory surcharge of up to $93, and carries three points on your license. It can also increase your insurance premiums by hundreds of dollars. If you or a loved one has been caught speeding, it is imperative that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

Speed limits are so often ignored that many people question whether we need them at all. Does the fact that people don’t obey speed limits mean they are useless?

This article is part one of a two-part series that will explain the history of speeding limits, look at their function, reveal how they are determined, and attempt to explain why people seem so apt to disregard them.

The U.K. is often credited with instituting the first speed limit of 10 mph (16 km/h) in 1861, but the concept of speed limits had been around for far longer. In the U.S., speed limits can be traced back to the colonial era, though they were defined a little differently then than they are today.  

Throughout the years, the safety of drivers, passengers, and pedestrians has typically been the primary objective of speed limits. Determining safe speeds can be tricky, though. It’s unclear how the earliest speed limits were decided, but more than 50 years ago, most states began using what’s called rational speed limits, also known as the 85th percentile rule.

With this method, traffic engineers measure the average speed vehicles move along a particular length of road. The speed limit is then typically set at the 85th percentile. This is done to ensure that 85% of drivers will be traveling under the speed limit, while 15% will be breaking the law. However, a myriad of other factors are often taken into account as well, including proximity to schools, the terrain and visibility (e.g., hills and curves), population density, presence of residential and commercial driveways, and more.

The theory is that speed limits should be designed around the speed that most drivers feel safe traveling. The term “rational speed limit” refers the belief that people will obey speed limits if they feel they are reasonable.

It may seem democratic to set the limit at the speed most people are going to drive anyway, but are those speeds reasonable? Furthermore, if the objective is safety, then the 85% rule assumes that the average speed on a given road is the safest, but is that actually the case? Research at the time the method was developed showed the biggest risk came from differences in speeds, not just excess of speed. Thus, encouraging people to drive at the majority-agreed-upon speed would, theoretically, cut down on accidents.

However, as Part II of this article will show, people do not generally drive at the optimally safe speed. In fact, drivers are notoriously bad at determining the safest speed for a given road. Moreover, if the goal of the 85th percentile rule was to reduce speed variations, it has failed. While it may have reduced speed variations, there is no evidence that the method has reduced traffic fatalities — and that’s due in part to the fact that neither speed limits nor safety are the primary factors influencing driver’s speeds. Next week we will look at why this is and what actually impacts driver speeds.

A conviction for speeding costs at least $150 plus an NYS surcharge of up to $93, and carries three points on your license. It can also increase your insurance premiums by hundreds of dollars. If you or a loved one has been caught speeding, it is imperative that you consult an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

Drivers in New York City would be well advised to slow down. The NYPD is vowing to issue more tickets for speeding and other infractions as part of Mayor Bill de Blasio’s plan to cut down on traffic injuries and deaths. The mayor also included several items in the proposed Fiscal Year 2018 budget that will aid in this additional enforcement, including 120 new radar guns for local precincts.

Last year the NYPD issued a record 137,000 speeding tickets, a record it will likely break this year. In continuing with his signature Vision Zero initiative, de Blasio has ordered police to step up enforcement of speeding and other infractions with the aim of cutting down traffic fatalities. According to the NYC Department of Transportation, in the three years since Vision Zero began, traffic deaths are down more than 20 percent.

Speeding tickets can cost far more than a simple $150 fine. In New York, a conviction for speeding carries at least three points on your license. Drivers will also be expected to pay a surcharge of up to $93 and possibly a $100 driver responsibility assessment per year for the next three years. Speeding tickets can also increase your auto insurance premiums by hundreds of dollars.

If you or a loved one has been ticketed for speeding, texting while driving, or any other traffic violation as part of NYC’s Vision Zero crackdown, contact an attorney to help avoid the consequences. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

New York drivers are masters of winter weather — or at least, they tend to think they are. While some drivers may truly understand the tricks and techniques needed to drive safely in the winter, even the best driver occasionally skids. Skidding can be harrowing as it causes the car to suddenly respond in a very unexpected way.

Not every skid is caused by poor driving skills. Black ice – a thin layer of ice on the pavement that is often invisible to drivers – can strike even the most mindful driver without warning.

It is important that drivers adjust their speed and take precautions during the winter, especially when the roads are covered in ice and snow. Even the best driver can stand to review these best practices for what to do when the car starts to skid.  

• Beware of change. Skidding is typically triggered by changes in speed, direction, or both. Be extra mindful any time you are accelerating, decelerating, or turning, as this is when a skid is mostly likely to happen.
• Remain calm. Try your best not to panic. Panicked drivers tend to overcorrect, which makes the skid worse.
• Slam (or pump) the brakes. If you have anti-lock brakes (which most newer cars do), slam the brakes as hard as you can; the anti-lock technology will deliberately stutter the brakes to help the car re-grip the road. For older cars without anti-lock brakes, manually pump the brakes to achieve the same effect.
• Steer into the skid. If the back wheels are skidding, turn the wheel in the same direction the back end of the car is sliding towards. For a front-wheel skid, straighten the steering wheel.
• Look where you want to go. Hand-eye coordination makes a difference, so do your best to keep your gaze in the direction you want the car to go.
• Don’t trust AWD. While all-wheel drive is great, it is not going to prevent every skid.

It’s not just about safety. Driving too fast in icy conditions can actually land you a ticket. There’s no specific guidelines as to what qualifies as imprudent, but if a police officer deems your speed to be not reasonable and prudent under the conditions, you could get a ticket for imprudent speed. A first offense can result in 3 points on your license, plus up to $150 in fines and an NYS surcharge of $93. A conviction could also mean up to 15 days in jail. Penalties increase for a second and third conviction within 18 months.

If you or a loved one has been ticketed for imprudent speed, or any other kind of traffic violation, consult an attorney to help you avoid the costs, points, and increase in insurance premiums that can result from a conviction. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for a range of driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

Most drivers realize that tire wear can affect traction and even fuel efficiency, but what few recognize is that worn-out tires can also affect the accuracy of your speedometer.

Your speedometer assumes your car is using the standard size tire for the make and model and calculates your speed based on the rotation of the axis. As tires wear out, the circumference (the distance around the outside of the tire) decreases. As such, each rotation of the axle moves the car less distance than it would have with a full tire.

For example, if your car uses a tire with a 24-inch diameter, it would have a circumference of 75.36 inches. If the tire loses ½ inch from wear, the total circumference would decrease to 73.79 inches (a 2% difference), and would require 1.02 rotations to go the same distance a brand new tire covers in one rotation. In terms of speed, this means that when your speedometer reads 60 mph the car is really only going 58.8 mph.

The inverse can occur if you overinflate your tires. If you overinflate your 24-inch tires so that they are a half-inch larger in diameter, your speedometer will read 60 mph, but the vehicle will actually be traveling at 61.2 mph. It doesn’t seem like a huge deal, but this could be the difference between going 10 mph over the limit (a $150 ticket) and 11 mph over the limit (a $300 ticket).

The good news is that neither worn out nor overinflated tires are likely to land you an unjustified speeding ticket. The bad news is you can’t use either as an excuse to fight a speeding ticket.

In New York, a speeding ticket costs at least $150, plus surcharges, and if you end up with six points or more on your license, you could also be required to pay a driver responsibility assessment of $100. At speeding ticket also carries at least three points on your license and can cause your insurance rates to skyrocket by hundreds of dollars.

If you or a loved one has been caught speeding, it is advisable that you imperative an attorney to help you avoid the costs associated with a ticket. The lawyers of the Rosenblum Law Firm are skilled New York traffic ticket attorneys who are experienced in handling tickets for speeding as well as other driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.

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