New York Criminal Attorney Blog

The City of White Plains Police Department is relentless when it comes to issuing speeding tickets. This is especially so in school zones. At Tilem & Campbell we are routinely retained by motorists who received a school zone speeding ticket in White Plains. Many of these White Plains speeding tickets are issued in the Stepinac High School zone along Mamaroneck Avenue where the speed limit drops from 40 mph to 25 mph. Although there is no parking across the street from the high school, there are no drop off points across the street from the high school, the high-school is set back several hundred feet from the main road and all student parking and pick-up locations are several hundred feet from the main road, the speed limit drops dramatically at that location and others along Mamaroneck Ave. and elsewhere.

School zone speeding tickets are covered in NY VTL § 1180(c) which states in general terms that whenever a maximum school zone speed limit has been established, no motorist shall exceed said speed limit during school days indicated on a school zone speed limit sign provided that such reduced speed can only be in effect from 7 a.m. to 6 p.m. or any time interval in between (See VTL § 1180(c)(1)).

Instead of a school zone speed limit sign, a reduced school zone speed limit may be indicated by flashing lights indicating that a reduced school zone speed limit is in effect during school activities. Such flashing lights may only flash and therefore, may only reduce the school zone speed limit for a period starting 30 minutes before and up to 30 minutes after school activities (See VTL § 1180(c)(2)).

The City of White Plains hosts one of the busiest traffic courts in Westchester County and probably the most common traffic infraction cited in White Plains is speeding. That’s understandable with Interstate 287, the Hutchinson River Parkway and the Bronx River Parkway running through it. As a result, in addition to the White Plains Police Department, speeding tickets returnable in the White Plains City Court are issued by the Westchester County Police and the New York State Police.

A common hot spot for White Plains speeding tickets, especially work zone speeding tickets is Interstate 287. For the past several years construction work has been taking place on I-287 in White Plains. This construction results in “work zones” or “work areas” along I-287 wherein the speed limit is 45 mph.

Not only are work zone speed limits generally 10 to 20 mph less than the normal speed limits, the minimum fine for speeding in a work zone is double that of a non work zone speeding ticket. You may not drive through a work or road maintenance area faster than the posted speed limit (VTL §1180(f)). However, as I stated above, the speed limit in these areas is generally 10 mph to 20 mph less than usual and can tend to sneak up on drivers. A work zone speed limit may not be more than 20 mph below the normally posted speed limit for that area nor may a work zone speed limit be less than 25 mph. (VTL § 1180(f)).

For the most part, yes, in New York, bicyclists are subject to the same rules of the road as motor vehicles. In fact, in New York City it is not uncommon for bicyclists to be “pulled-over” and issued tickets for violations committed while traveling on their bicycles. There are, of course exceptions which will be discussed below. Generally, a bicycle is defined under New York law as a two or three wheeled device propelled by human power. The definition however, does not include devices with solid tires intended to be used by pre-teenage kids on the sidewalk. (See VTL § 102 for the exact definition).

Generally, bicyclists must obey the same rules of the road as operators of other vehicles. See VTL § 1231 which provides in pertinent part that anyone riding a bicycle or in-line skates are subject to all the rights and duties applicable to drivers of more common vehicles except for certain regulations and provisions which by their very nature have no applicability. VTL § 1231

For example, a bicyclist must stop at a stop sign. Trzepacz v. Jara, 1 A.D.3d 531, 782 N.Y.S.2d 852 (2nd Dept. 2004). And a bicyclist operating on a roadway, with few exceptions, bears virtually all of the same responsibilities a driver of a motor vehicle does. Redcross v. State, 241 A.D.2d 787, 660 N.Y.S.2d 211(3rd Dept. 1997). Just as a bicyclist must obey the same rules as the operator of a more conventional vehicle, the bicyclist is also entitled to the same rights or “right of way” as the more conventional vehicle. Therefore, a motorist must yield the right of way to a bicyclist who is already lawfully in the intersection. People v. Marr, 187 Misc.2d 280, 721 N.Y.S.2d 737 (2001 Jus. Ct. Vil of Horseheads)(Motorist found guilty for failing to yield right of way to bicyclist, who motorist subsequently hit, at an intersection where bicyclist had the right of way.)

The simple answer is no. Emergency vehicles in New York are defined as police vehicles or bicycles, ambulances, fire, corrections and civil defense emergency vehicles as well as sanitation patrol vehicles, emergency response vehicles, certain vehicles of the United States Armed forces and hazardous materials emergency vehicles. VTL § 101. Vehicle and Traffic Law section 1104 permits the above mentioned emergency vehicles to disregard certain traffic laws and regulations when involved in an emergency operation. VTL § 1104.

However, with the exception of police vehicles, the other emergency vehicles are only exempt from the traffic laws and regulations if they are traveling with an audible signal as well as at least one red light (if more than one light, at least one must be red) visible from at least 500 feet. VTL § 1104(c). For obvious reasons, police vehicles are exempt from the siren and lighting requirements. The driver of a police vehicle nevertheless still must drive with due care and may not proceed recklessly.

The above listed vehicles found in VTL § 101 are the only emergency vehicles authorized the disregard certain traffic laws and regulations (provided they do so with due care and not in a reckless manner). A member of a local volunteer fire department therefore, may not equip his or her vehicle with lights and sirens and declare it to be an emergency vehicle thus allowing him or her to disregard traffic laws and regulations while traveling to a fire. Nicosia v. Shultis, 239 A.D.2d 473, 658 N.Y.S.2d 640 (2nd Dept. 1997).