In People v Jian Xu (13 Misc 3d 142[A], 2006 NY Slip Op 52272[U] [App Term, 2d Dept 2006]) there was no violation because an accident was caused by icy road conditions, rather than the conduct and manner of defendant's driving.
Summary of this case from People v. KehoeNo. 2005-1437 W CR.
November 24, 2006.
Motor Vehicles — Speeding. Vehicle and Traffic Law — § 1180 (a) (Basic rule and maximum limits). Vehicle and Traffic Law — § 1126 (a) (No-passing zones).
In People v Jian Xu (13 Misc 3d 142[A], 2006 NY Slip Op 52272[U] [App Term, 2d Dept 2006]) there was no violation because an accident was caused by icy road conditions, rather than the conduct and manner of defendant's driving.
Summary of this case from People v. KehoeIn People v. Jian Xu, 13 Misc.3d 142(A), 831 N.Y.S.2d 361, 2006 WL 3437708 (App.Term) there was no violation because an accident was caused by icy road conditions, rather than conduct and manner of defendant's driving.
Summary of this case from People v. KehoeFull title:People v. Jian Xu
Court:Appellate Term of the Supreme Court of New York, Second Department
Date published: Nov 24, 2006
This is because there are some significant differences between Vehicle and Traffic Law § 1180 (a) and (b).…
People v. KehoeVTL § 1180(A) addresses what is appropriate under the conditions, regardless of a posted speed limit. For…