Vehicle & Traffic Law § 1180(a) — “Speed Not Reasonable & Prudent”
VTL § 1180 is the general speeding statute in New York State. Most speeding tickets are issued as § 1180(b) or § 1180(d). In these tickets, the ticketing officer specifies the speed limit and specifies how fast the motorist was traveling. In the specific sub-statute of § 1180(a), the ticketing officer does not have to specify the alleged speed of the motorist. The charge is for driving at an “unreasonable speed”. Simply put, this statute is utilized by officers to issue speeding tickets when they do not know the exact speed of the motorists.
The exact wording of VTL § 1180(a):
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
A guilty plea or a conviction to this violation carries a maximum fine of $150 with a mandatory surcharge of $93 (New York City surcharge is $88). The fine can be higher with prior convictions of the same violation. It will automatically put three points on your driving record (judge does not have discretion with points).
Scenarios of 1180(a) Ticket
The attorneys at the Benjamin Goldman Law Office have handled many hundreds of 1180(a) citations. We have seen this ticket come up in a few different scenarios.
(1) At an accident. The officer appears in response to the call and makes a determination that a motorist involved in the accident was speeding. The officer can’t say the exact speed, so they issue a ticket for 1180(a).
In this scenario, our firm has seen much success in getting these charges dismissed or reduced substantially. From a procedural aspect there are deficiencies in the charging instruments. From a practical aspect the charges are hard to substantiate at trial.
(2) “Roadside Reduction”. In this scenario, the officer clocks a motorist at an exact speed, which exceeds the speed limit. If the officer were to input the exact speed in the ticket, it would result in a 4-point violation or higher. The officer, for whatever reason, gives the motorist a break and issues the lower-level speeding ticket of 1180(a), which carries less points.
Our firm has helped motorists in this scenario as well. We are typically able to obtain for our clients a further reduction, so that they avoid a speeding charge entirely.
(3) “Pile on Ticket.” The vast majority of traffic stops are uneventful. But sometimes they go awry. This happens when the officer is disrespected, the motorist does not pull over right away, or the officer feels the motorist’s driving was exceedingly bad. In this scenario, the officer will issue at least one additional ticket, which often ends up being 1180(a).
In this situation, the ticket should definitely be challenged. Our firm has seen success in obtaining dismissals of tickets issued in this scenario.
If your ticket does not fit into any of these categories, we can still help. Feel free to contact the Benjamin Goldman Law Office to discuss your case. At our firm, consultations are complimentary.
How to Fight Speed Not Reasonable and Prudent Ticket
- Challenge procedural weaknesses: Unlike 1180(b) or 1180(d), 1180(a) does not require the officer to specify your exact speed, which often creates deficiencies in the charging instruments—especially in accident scenarios where the officer could not determine how fast you were going.
- Each scenario is defensible: Whether you received the ticket at an accident, as a "roadside reduction," or as a "pile on" ticket, our firm has obtained dismissals or substantial reductions in all three scenarios—often avoiding a speeding charge entirely.
- Consult an attorney: An experienced traffic lawyer can identify weaknesses in the prosecution's case and negotiate favorable outcomes. The Benjamin Goldman Law Office offers complimentary consultations and has seen success fighting 1180(a) tickets in courts across New York.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We help motorists in all areas of New York State. Our firm has experience particularly with 1180a tickets. We have gotten such charges dismissed or reduced to parking tickets in many courts. A partial list of courts where our attorneys have seen success fighting 1180a tickets is Atlantic Beach, Pembroke, Middletown, Alabama, Montgomery, Independence, Scarsdale, Montebello, Tyre, and Warsaw. The Benjamin Goldman Law Office welcomes new cases and will be glad to chat with you about your ticket. We can be reached via phone call, text message, or email. Feel free to reach out at your convenience.
Common Questions about VTL 1180(a)
What Is Reasonable and Prudent Speed? −
Reasonable and prudent speed
is the speed that is safe
under the conditions and having regard to the actual and
potential hazards then existing. In New York,
VTL § 1180(a)
provides that no person shall drive at a speed greater than is
reasonable and prudent under the conditions and having regard
to the actual and potential hazards then existing. It is not a
fixed mph—it varies with weather, visibility, traffic, and
road surface. A conviction adds 3 points and carries a maximum
fine of $150 plus surcharge (per the
NY DMV).
- Definition: Per VTL 1180(a), speed must be reasonable and prudent under the conditions and with regard to actual and potential hazards (e.g., weather, traffic, road surface, visibility).
- No set number: Unlike 1180(b) or 1180(d), the officer does not have to specify the exact speed; the charge is for driving at an unreasonable speed given the conditions.
- Penalties: According to the NY DMV, a conviction adds 3 points; maximum fine $150 plus $93 surcharge outside NYC ($88 in NYC).
Sources: NY Senate – VTL § 1180; NY DMV – Points and Penalties.
Can I Be Charged With 1180(a) Even If I Am Driving Below the Speed Limit? −
Yes. If the road conditions warrant a reduced speed then you can be charged with speeding even if you are driving below the posted speed limit sign.
What Does Imprudent Speed
Mean?
+
"Imprudent speed" means driving at a speed that is not reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In New York, VTL § 1180(a) prohibits driving at a speed greater than is reasonable and prudent; a ticket for "speed not reasonable and prudent" is a charge that your speed was imprudent for the conditions (weather, traffic, visibility, road surface). A conviction adds 3 points (per the NY DMV).
- Definition: Imprudent speed is speed that is not reasonable and prudent under the conditions—i.e., the opposite of what VTL 1180(a) requires.
- Same statute: A "speed not reasonable and prudent" ticket is charged under VTL 1180(a); the officer need not specify the exact mph.
- Points and fine: According to the NY DMV, a conviction adds 3 points; maximum fine $150 plus surcharge.
Sources: NY Senate – VTL § 1180; NY DMV – Points and Penalties.
How Much Is a Speed Not Reasonable and Prudent Ticket? +
VTL 1180(a) speed not reasonable and prudent ticket carries a maximum fine of $150 plus a mandatory surcharge of $93 outside NYC ($88 in NYC). A conviction adds 3 points to your license. Per the NY DMV, the fine can be higher with prior convictions of the same violation.
Sources: NY Senate – VTL § 1180; NY DMV – Points and Penalties.
What Is a VTL? +
Other Traffic Violations We Handle
Community Discussion
Questions? Thoughts? Let us know down below!
I received a ticket for "speed not reasonable and prudent." I was going 55 in a 40 mph area. The officer said he would not put the actual speed on the ticket and told me I could fight it. Would pleading guilty put points on my license? It was clear out, the road was empty, and it was around 10 p.m. I was just driving along and did not realize I was that far over the limit. I am not sure what I should do.
I was given a New York General 101A citation for driving at a speed that was not reasonable or prudent. The posted limit was 45 mph, and I did not see any reduced-speed or construction-warning signs. Work was being done on a large median separating the lanes, but there were no signs telling traffic to slow down. I recorded videos that night and again over the following few days showing the lack of signs. I was the last of three cars, and the other cars had already gone far ahead by the time the officer stopped me. I am a senior and have not had a ticket in more than 35 years. The ticket has no fee listed. Is this a point violation, and what does this type of ticket mean?
This charge carries 3 points and can result in a fine of up to $243. It will likely also raise your auto-insurance premiums. A lawyer can appear in court for you and may be able to negotiate a reduction to a parking-type violation, which would not carry points or affect insurance rates.
Could I be jailed over a New York ticket for driving too fast for the rain? I was cited in Nassau County for not driving at a reasonable speed because of rainy conditions. The road had two lanes and a 30 mph limit; I was traveling around 40 mph. This is my first ticket like this, and my record was clean before then.
Technically you can go to jail for speeding even 1 mph over the limit, but in practice it is almost impossible to happen.
Could my NYC ticket for driving at a speed that was not reasonable or prudent be thrown out? On a Sunday around 7 a.m., I was in heavy bumper-to-bumper traffic on a highway in Queens. Another car started coming into my lane without making a proper lane change, then brake-checked me. To avoid hitting that car or braking hard enough to risk being hit from behind, I went onto the right shoulder and continued for about 10 feet. An NYPD Highway Patrol officer coming down the ramp stopped me and asked why I had been on the shoulder. He did not accept my explanation and asked whether this was road rage. After checking my license and registration, he said that rather than issuing three tickets, he would give me one for speed not reasonable and prudent. I pleaded not guilty. Since traffic was so heavy that I was not speeding, is there a chance the judge will dismiss it? I also had a clean driving record before this and am starting an NYPD background investigation this year, so I am worried the ticket could affect the job.
Traffic tickets in NYC are handled much differently than traffic
tickets outside of New York City. There is no negotiating or plea
bargaining. Every case has a hearing at which the ticketing
officer testifies. These tickets are generally not easy to beat.
If having a clean license matters for your employment, you
should consider hiring an attorney. The attorney can go to court
in your place and try to find something wrong with the officer’s
presentation of the case, thereby winning the case.
The strategy you describe has significant problems. Even in
stop-and-go traffic, a speed may still be considered unreasonable
or imprudent. A previously clean record cannot be considered by
the judge in deciding whether you are guilty at trial. Judges also
hear claims of avoiding a collision very often and generally will
not accept them absent strong evidence (such as dashcam footage).
How do I handle a speeding ticket when I know I was not speeding? I was driving back to Canada during a heavy snowstorm, and the highway was snow-covered. I moved away from a large tractor-trailer, lost control of my car, and hit a snowbank along the highway. The front of my car was damaged. I drove about a kilometer to the closest exit to look for police, but after pulling over near an officer, my car ended up stuck in the snow again. I explained that I had been in an accident, and he gave me a speeding ticket even though he did not see the accident and there were no other cars around when it happened. It seems like he just assumed I had been speeding. My car is Canadian too. What should I do?
The officer's case is very weak. A good traffic ticket attorney should be able to get this reduced to a parking ticket if not dismissed.
If you were injured by a motorist who was speeding, you can contact the Sternberg Injury Law Firm and they can advise you of your options
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.
Benjamin Goldman Law Office
It looks like you got a "roadside reduction". 55 in 40 is four points but 1180a is three points. So yes, pleading guilty would put points on your license and likely increase insurance rates. An attorney can go to court in your place and perhaps get the speeding ticket reduced to a parking ticket or maybe even dismissed entirely.