VTL § 1181(b) “Driving Below Minimum Posted Speed Limit”

A rare ticket issued in New York is for driving too slowly. You may see from time to time a highway that has a posted minimum speed limit. The failure to reach the minimum speed limit, without good reason, can result in a traffic ticket. Tickets for driving too slowly can be issued under VTL § 1181(a) or VTL § 1181(b). If you received a ticket under Vehicle & Traffic Law § 1180(a) it means you were impeding traffic. If you received a ticket under Vehicle & Traffic Law § 1180(b), it just means you were driving below the minimum.

If convicted of VTL 1181-b you will get three points on your driving record and can expect to see increased vehicle insurance rates. The fine is up to the judge with the maximum being $150 plus a $93 mandatory state surcharge for a first-time offense.

Text of the Statute

Vehicle & Traffic Law § 1180(b) provides:

(b) Whenever a minimum speed limit has been established as authorized in sections sixteen hundred twenty or sixteen hundred forty-two, no person shall drive at a speed less than such minimum speed limit except when entering upon or preparing to exit from the highway upon which such a minimum speed limit has been established, when preparing to stop, or when necessary for safe operation or in compliance with law.

Fighting an 1181B Traffic Ticket

Many motorists assume that a traffic ticket is an “open and shut case” and of no use fighting. This is not accurate. Such charges can be disputed on various defenses or technical and procedural grounds. In our justice system, the officer has the burden of establishing a proper case and they often fall short of meeting this burden.

New York State law allows attorneys to attend court in the place of their clients. The lawyer would be able to enter a plea of guilty to a reduced charge, argue for dismissal, or even conduct a trial without the person that got the ticket appearing personally in court. The Defendant would just have to sign a form that waives their right to be present in court and authorizes the attorney to handle the case in their place.

This means someone else can fight your violation without you having to take off from work or leave your home. When considering retaining an attorney for your traffic ticket there are two vital things to consider: (1) The percentage of the lawyers’ practice that is dedicated to NYS Vehicle & Traffic Law. It should be minimum 75%. (2) The proximity of the lawyer is to the courthouse. A lawyer that is in the area of the courthouse is usually better equipped, for several reasons, to obtain the ideal disposition for your case.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our firm has experience fighting tickets for driving too slowly. We have been able to get such charges reduced to no-point tickets or dismissed. The Benjamin Goldman Law Office is dedicated to traffic law and helps clients throughout New York State. Our firm takes on cases in Long Island, New York City, Upstate New York, Capital District, North Country, Mohawk Valley, Central New York, Finger Lakes, Western New York, Southern Tier, and the Catskill Mountains. Feel free to reach out for more detailed information on our previous cases or how we can help with your case. Our team is available during regular business hours via phone call, email, or text message. The Benjamin Goldman Law Office provides all motorists with a free consultation.

Fight a VTL § 1181(b) Ticket