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Some city drivers may have been charged and convicted under
a state traffic law that was voided in the five boroughs four
years ago, The Post has learned.
Tickets issued by city traffic cops regularly cite a
violation of the state Vehicle and Traffic Law section 1180
(a). But that statute was wiped out for offenses within the
city limits in an amendment to the law made on Dec. 23, 1998.
The statute, which still applies in other parts of the
state, cites drivers who move at a "speed not reasonable or
prudent" and allows for fines that range from $40 to $150.
One city driver hit with a 1180 (a) citation was Patrice
Paul, 35, a Brooklyn auto mechanic, who was pulled over near
JFK Airport last May 23. He was given a ticket because cops
said he had exceeded the 35 mph speed limit.
Paul, a Guyanese national, has appeared four times in a DMV
hearing room in Queens to contest the validity of the ticket.
"If the law is not valid, you cannot charge someone with
it," Paul added. "They should get their act together."
Paul hired lawyer Susan Chana Lask, who argued in traffic
court last Oct. 21 that the summons be dismissed since the law
was void in the city.
But a state traffic judge balked, and the case was
adjourned.
State Department of Motor Vehicles judges argued they can
and do convict city drivers under law 1180 (a) because it
mirrors a city traffic regulation.
The city rule, NYCRR 4-06 (a), sets the speed limit at 30
miles per hour and requires drivers to move at a "reasonable
or prudent" speed in order to avoid accidents.
"It doesn't make a difference which section the ticket's
written under," said supervising judge Leon Schulgasser. "The
net result is the same, and our (DMV) appeals board has upheld
that."
Lask plans to file a class-action suit this week on behalf
of drivers who paid fines or had their licenses revoked or
suspended based on 1180 (a) convictions.
"People are being convicted under a law that was repealed
here four years ago, and the state is collecting money," Lask
said.
At stake are millions in fines that the city and state have
collected over the years.
Records show 14,817 drivers across the state were ticketed
on a 1180 (a) violation last year, although the figures do not
indicate how many of those fined were stopped within New York
City limits.
Former police Officer Sergio Villaverde, a lawyer who
represents drivers, suspects the confusion of law 1180 (a) is
partly because some city traffic cops refer to outdated
"summons cards" that still contain the repealed statute.
"The NYPD needs to update the summons cards," Villaverde
said.
The NYPD declined comment.