People v. Heyman

• Decision Date: 30 November 1983
• Citation: 469 N.Y.S.2d 874,121 Misc.2d 1071
• Parties: The PEOPLE of the State of New York, v. Sulamita HEYMAN, Defendant.
• Court: New York City Court

Page 874

469 N.Y.S.2d 874

121 Misc.2d 1071

The PEOPLE of the State of New York, v. Sulamita HEYMAN, Defendant.

City Court of White Plains,

Westchester County.

Nov. 30, 1983.

Trp. J.P. Cassino, New York State Police, for the People.

Richard S. Heyman, Scarsdale, for defendant.

DECISION

JOHN F. HOLDEN, Jr., Judge.

The Defendant in this case which appears to be one of first impression was charged with driving a motor vehicle seventy miles an hour on Interstate Route 287 in the City of White Plains, County of Westchester, State of New York.

On November 28, 1983, a trial was held before me at the conclusion of which I found that the Defendant was in fact driving seventy miles an hour at the time and place alleged in the simplified traffic information issued by the New York State Trooper. The simplified traffic information charged the Defendant with violating Subdivision b of Section 1180 of the Vehicle and Traffic Law of the State of New York.

The Defendant's attorney moved to dismiss the information and the underlying charge on the grounds that the People had presented no evidence with relation to the posting of speed limit signs.

The trooper who conducted the People's prosecution conceded that no such testimony or evidence had been given, but took the position that none was required since posting is not required when a Defendant is charged with driving in excess of fifty-five miles an hour.

Normally a driver is charged with exceeding a speed limit fixed by a public authority or a municipal corporation and the People have the burden of proof to show that the speed limit was properly posted and that such posting conformed with the requirements of 17 NYCRR 208.2 and the Manual of Uniform Traffic Control Devices.

In this case, however, the Defendant is charged with violating a specific enactment of the Legislature itself, the Vehicle and Traffic Law, which reads in pertinent part as follows:

"Section 1180, Basic rule and maximum limits. (b) Except when a special hazard exists that requires lower speed for compliance with subdivision (a) of this section, or when maximum speed limits have been established as hereinafter authorized, no person shall drive a vehicle at a speed in excess of fifty-five miles per hour."

This section of the law is reenforced by the next section of the Vehicle and Traffic Law, which reads in pertinent part as follows:

"Section 1180-a, Maximum speed limits. Notwithstanding any other provision of law, no city, village,...