My question involves a traffic ticket from the state of: New York
I am a 19 year old that's been driving for two years, with a clean driving record up to this point.
I recently got a speeding ticket past a work zone, I was late to an appointment with ironically a lawyer, which I told the officer, and I was apologetic that I couldn't find my license and registration right away for the officer, and told him I was late to the appointment. The officer gave me the ticket and a supporting deposition with a picture of the radar and my license. 83 in a 55. I was about 2 miles past marked work zone speed limit signs for 45 mph, and any orange barriers or workers. There were speed limit signs that updated the speed limit to 55 mph, on a very clear, open, flat highway with zero visible road work, orange barriers, or anything to indicate it was still a work zone for that matter. The officer did not write that I was in a work zone on the ticket, and the code violated was listed as 1180B, with a description just "83 in a 55 marked zone" and the location was "near exit (number here)". I take this route every day and have noticed that about 1 mile past that exit, less than a quarter mile from where I was stopped, there is a sign marked "END WORK ZONE", and "END HIGHER FINE ZONE".
The DA of my town has applied a traffic diversion program that I applied to get the ticket dismissed, which costed me a non-refundable $400. I applied for it and plead not guilty, and haven't gotten the response yet. If the ticket was in a work zone, I will not be accepted into the program (which is a 6 hour course) and would face the awful consequences of my infraction PLUS the work zone.
However, according to the exit reference and the signs, shouldn't I technically have been in a work zone? Why didn't the officer record I was in a work zone? Was the officer giving me a break? If it isn't marked on the ticket, will I be tried as if I was in a work zone? Can I potentially use this as an argument if my ticket does not get dismissed in traffic court?
Any help is beyond appreciated.
- A nervous teen.
I am a 19 year old that's been driving for two years, with a clean driving record up to this point.
I recently got a speeding ticket past a work zone, I was late to an appointment with ironically a lawyer, which I told the officer, and I was apologetic that I couldn't find my license and registration right away for the officer, and told him I was late to the appointment. The officer gave me the ticket and a supporting deposition with a picture of the radar and my license. 83 in a 55. I was about 2 miles past marked work zone speed limit signs for 45 mph, and any orange barriers or workers. There were speed limit signs that updated the speed limit to 55 mph, on a very clear, open, flat highway with zero visible road work, orange barriers, or anything to indicate it was still a work zone for that matter. The officer did not write that I was in a work zone on the ticket, and the code violated was listed as 1180B, with a description just "83 in a 55 marked zone" and the location was "near exit (number here)". I take this route every day and have noticed that about 1 mile past that exit, less than a quarter mile from where I was stopped, there is a sign marked "END WORK ZONE", and "END HIGHER FINE ZONE".
The DA of my town has applied a traffic diversion program that I applied to get the ticket dismissed, which costed me a non-refundable $400. I applied for it and plead not guilty, and haven't gotten the response yet. If the ticket was in a work zone, I will not be accepted into the program (which is a 6 hour course) and would face the awful consequences of my infraction PLUS the work zone.
However, according to the exit reference and the signs, shouldn't I technically have been in a work zone? Why didn't the officer record I was in a work zone? Was the officer giving me a break? If it isn't marked on the ticket, will I be tried as if I was in a work zone? Can I potentially use this as an argument if my ticket does not get dismissed in traffic court?
Any help is beyond appreciated.
- A nervous teen.
Speeding Ticket in a Work Zone, but the Officer Didn't List It As a Work Zone
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