Post it here?
The respondent has been charged with violating Section 1180-b of the Vehicle and Traffic Law, by failing to comply with the maximum
speed limits in a school speed zone. Respondent claims "This ticket should be dismissed because there is insufficient evidence
supporting conviction. The statute states: " (b) If the city of New York establishes a demonstration program pursuant to
subdivision (a) of this section, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle
was used or operated with the permission of the owner, express or implied, within a school speed zone..." Section 1180-b(b). The
pictures taken by the camera do not evidence who was driving my car, nor that it was being used with either my express or implied
permission. Thus, the elements required for conviction are not proven, or indeed even alleged. Second, and in the alternative, there is
not even an allegation that this incident was within " one thousand three hundred twenty feet on a highway passing a school
building, entrance or exit of a school abutting on the highway," as required by the statute in the definition of "school speed zone." Thus
a second element required for conviction is not proven or even alleged. For the above two reasons, I respectfully request dismissal."
As registrant respondent is liable for acts of agents using vehicle with permission at time of NOl. The claim "nor that it was being used
with either my express or implied permission" is not persuasive. No claim offered of an actual unauthorized vehicle use or vehicle theft
at time of NOl. No claim that a police report was filed. Respondent does not deny that the operator had the keys at time of NOl.
Respondent claims " Second, and in the alternative, there is not even an allegation that this incident was within " one thousand three
hundred twenty feet on a highway passing a school building, entrance or exit of a school abutting on the highway," as required by
the statute in the definition of "school speed zone." Thus a second element required for conviction is not proven or even alleged. For
the above two reasons, I respectfully request dismissal." The speed camera regulation remains in effect for one hour before and one
hour after the school day, as well as during student activities, and up to 30 minutes immediately before and after such activities.
Official records indicate a school at Nol location ie Middle School for Arts and Philosophy. It is not persuasive establish that the
regulation was not in effect at the precise date/time/place of NOL issuance.