Appellate Court Overturns Work Zone Conviction
Published on 9/16/2024
Adams, New York
Adams is a town in Jefferson County, New York. It is located on the western side of the Adirondack Mountains and is considered part of New York’s North Country region. Adams is approximately fifty miles north of the City of Syracuse and approximately ten miles east of the Lake Ontario shore. Adams is not highly populated, but its town court handles many traffic tickets, mostly for speeding violations. All traffic violations are adjudicated in the Town of Adams Justice Court.
Interstate 81
The reason why Adams sees many traffic tickets is because of Interstate 81. This interstate highway runs north-south directly through the town’s jurisdiction. The I-81 brings motorists between The Thousand Islands Bridge Border Crossing in the north and Dandridge, Tennessee in the south. The highway runs through the center of New York, bringing motorists directly to the cities of Watertown, Syracuse, Cortland, and Binghamton before crossing into the Commonwealth of Pennsylvania.
Work Zone Speeding Ticket
Defendant was charged with VTL 1180(f), i.e. a work zone speeding ticket. The ticket alleged that they were traveling 72-mph in a 55-mph zone. Work zone speeding tickets are more serious than regular speeding tickets for three reasons: (1) The fines can be doubled (2) Insurance companies raise their premiums at a higher rate (3) any second work zone speeding conviction in your life results in mandatory license suspension.
The Benjamin Goldman Law Office was retained in connection with these charges and filed the Not Guilty plea in court. Attorneys from the Benjamin Goldman Law Office initially tried to resolve the case via plea bargain with the Jefferson County District Attorney’s Office. Attempts to resolve this case were unsuccessful and the case proceeded to trial. Before the trial, attorneys from the Benjamin Goldman Law Office filed motions arguing for dismissal on several legal grounds. The motions were denied. The trial went ahead on December 27, 2023, without the Defendant present. The Benjamin Goldman Law Office was not banking on winning by presenting a counter-narrative to the allegations. Rather we were banking on winning by establishing a jurisdictional defect or by showing that the People did not meet the requisite standard of proof for a conviction. At the town court level, we were unsuccessful, and the Defendant was found guilty as charged.
Appeal in County Court
After the conviction, the team at the Benjamin Goldman Law Office immediately filed an appeal. The case slowly went through the appellate process. Attorneys from our firm boiled down the basis for overturning the conviction on three grounds. The case was being decided by the Jefferson County Court, which serves as the appellate court for Jefferson County justice courts. On September 4, 2024, Judge David Renzi issued a decision overturning the conviction in Adams Town Court and ordered that the speeding charge be dismissed in its entirety. Judge Renzi limited the basis of his decision to one finding: That the People failed to establish every element of the alleged violation. Namely that the trooper failed to testify that the location of the violation was a work zone. The trooper testified to the reduced speed limit of 55 mph, but this was not enough to establish a work zone. This omission required vacatur of the work zone speeding conviction.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a New York State traffic ticket law firm. We handle many cases throughout New York State. Attorneys from our firm always try to resolve cases in a reasonable manner with prosecutors. When our client is not happy with the plea offer, we continue fighting the case and proceed to trial if that is our client’s wish. The Benjamin Goldman Law Office prides itself on the zealous advocacy we undertake on behalf of our clients. The efforts of our team are reflected in the many five-star reviews we receive. If you got a work zone speeding ticket, and want to fight the charges, we will be more than glad to take on your case. Contact us at your convenience.