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Speeding ticket question

A

andy2812

Banned
I got a ticket for doing 53 in what the cop said was a 30mph zone. The deposition from the cop says that the posted speed limit was 30 mph. I went back and saw that there were no speed limit signs. Can I argue that the cops testimony isn't credible since he was wrong about the speed limit being posted and therefore how can you rely on the rest of his testimony.
 
If the speed limit was in fact 30 on such a road 53 is way over that limit. Even if it was 45 you're still over. The only way you could get out of it would be if it was 50 on that road, which is highly doubtful based on the cops testimony. Either way you were speeding, buy the ticket, take the ride.
 
Just because the speed limit is not psoted does not mean it does not exist. They teach you all the speed limits on various roads in various areas in driver's ed for a reason.
 
Originally posted by: notfred
Just because the speed limit is not psoted does not mean it does not exist. They teach you all the speed limits on various roads in various areas in driver's ed for a reason.
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yep... they also teach you that in traffic school... 🙁 i would know.
 
Something like that almost happened to a friend of mine. We were driving to a paintball place out in the country and we went through a small town. As we passed over the railroad tracks and out of the town I told him that the limit went from 30 to 55 and he took off. There was a cop and he pulled him over. Turned out that the 55 limit didn't start for another half mile or so out of town. Fortunately the officer realized that it was an innocent mistake and didn't givr him the ticket, cause it would have been expensive.
 
Originally posted by: notfred
Just because the speed limit is not psoted does not mean it does not exist. They teach you all the speed limits on various roads in various areas in driver's ed for a reason.
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Originally posted by: Kyteland
Something like that almost happened to a friend of mine. We were driving to a paintball place out in the country and we went through a small town. As we passed over the railroad tracks and out of the town I told him that the limit went from 30 to 55 and he took off. There was a cop and he pulled him over. Turned out that the 55 limit didn't start for another half mile or so out of town. Fortunately the officer realized that it was an innocent mistake and didn't givr him the ticket, cause it would have been expensive.
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You almost costed your friend a ticket. That's what friends are for, huh? 😛
 
Originally posted by: notfred
Just because the speed limit is not psoted does not mean it does not exist. They teach you all the speed limits on various roads in various areas in driver's ed for a reason.
Click to expand...

in some states you dont have to take drivers ED. i didnt have to in NY. i took a 5 question multipial choics test to get my permet the sat in a 5 hour corse and got my licence 2 weeks later. i really didnt have to have any driving expirence to get my licence
 
Originally posted by: andy2812
I got a ticket for doing 53 in what the cop said was a 30mph zone. The deposition from the cop says that the posted speed limit was 30 mph. I went back and saw that there were no speed limit signs. Can I argue that the cops testimony isn't credible since he was wrong about the speed limit being posted and therefore how can you rely on the rest of his testimony.
Click to expand...

I don't know about the traffic laws in your state, but in every state I've lived in there is a "default" speed limit if one is not posted, usually 30 mph. But you do know you are responsible for knowing every traffic law of your state........and as they say, ignorance of the law is no excuse.

 
I'm not saying that the speed limit wasn't 30 mph or that I wasn't speeding. What I'm saying is that the cop swore in his deposition that the speed limit was posted when in fact it wasn't, therefore his sworn deposition isn't truthful. If a sworn deposition isn't truthful how can you be sure that anything else he says in court is true? It is the cop who has to prove guilt which he can't do if you don't know that all of what he is saying is the truth.
 
Originally posted by: C'DaleRider
Originally posted by: andy2812
I got a ticket for doing 53 in what the cop said was a 30mph zone. The deposition from the cop says that the posted speed limit was 30 mph. I went back and saw that there were no speed limit signs. Can I argue that the cops testimony isn't credible since he was wrong about the speed limit being posted and therefore how can you rely on the rest of his testimony.
Click to expand...

I don't know about the traffic laws in your state, but in every state I've lived in there is a "default" speed limit if one is not posted, usually 30 mph. But you do know you are responsible for knowing every traffic law of your state........and as they say, ignorance of the law is no excuse.
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Unposted is 55 in VA.
 
Originally posted by: andy2812
I'm not saying that the speed limit wasn't 30 mph or that I wasn't speeding. What I'm saying is that the cop swore in his deposition that the speed limit was posted when in fact it wasn't, therefore his sworn deposition isn't truthful. If a sworn deposition isn't truthful how can you be sure that anything else he says in court is true? It is the cop who has to prove guilt which he can't do if you don't know that all of what he is saying is the truth.
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This part about him needing to prove guilt probably isn't the case. For traffic violations I think most states place the burden of proof on the driver, so you need to prove your innocence. I am not saying you don't have a case, I'm just giving you some more information.

 
in NJ if not postedin a rural area it;s 50mph. However, all the courts want is your money, so if you want to contest it, and have time to go to court, the usually drop the charge to a lesser one and you just pay there. Very worth it. Plead NG and talk to the prosicuter. I got 2 points off my last ticket.
 
Originally posted by: joshsquall
Originally posted by: C'DaleRider
Originally posted by: andy2812
I got a ticket for doing 53 in what the cop said was a 30mph zone. The deposition from the cop says that the posted speed limit was 30 mph. I went back and saw that there were no speed limit signs. Can I argue that the cops testimony isn't credible since he was wrong about the speed limit being posted and therefore how can you rely on the rest of his testimony.
Click to expand...

I don't know about the traffic laws in your state, but in every state I've lived in there is a "default" speed limit if one is not posted, usually 30 mph. But you do know you are responsible for knowing every traffic law of your state........and as they say, ignorance of the law is no excuse.
Click to expand...

Unposted is 55 in VA.
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Ohio too.
 
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