Speeding ticket (sigh)

[QED]

Originally posted by: rsd
no one can tell me if my findings will help me when I appeal?

I don't think it will hurt... but it might not help as much as you think.

A lot of states have what is known as "implied speed limits"-- speed limits for roads based on number of lanes, whether it is a divided road or not, whether it is in a residential area or not, etc. For Ohio, I think there are ten different categories-- and there are implied speed limits for each category.

A posted speed limit only takes precedence over an implied speed limit-- but the lack of one does not imply there was not a known speed limit.

 

[rsd]

Originally posted by: MathMan

Originally posted by: rsd
no one can tell me if my findings will help me when I appeal?

I don't think it will hurt... but it might not help as much as you think.

A lot of states have what is known as "implied speed limits"-- speed limits for roads based on number of lanes, whether it is a divided road or not, whether it is in a residential area or not, etc. For Ohio, I think there are ten different categories-- and there are implied speed limits for each category.

A posted speed limit only takes precedence over an implied speed limit-- but the lack of one does not imply there was not a known speed limit.

Interesting, but if it explicitly says on the ticket that the limit was posted, doesn't that make the ticket incorrect?

 

[xrax]

Does posted mean on a sign on the side of the road or listed in the traffic code? I would say either apply. I got a speeding ticket a few years ago and they have an option to go to defensive driving class. The cost of the class is less than the ticket and it doesn't go on your record for insurance. They allow it as long as you haven't went in the prior 2 years. I would go to court and argue that you thought the speed limit was 50 and maybe they'll let you take a class on traffic laws.

 

[imported_Shivetya]

Did you pass a "City Limits" sign?

In some areas that is an effective speed limit itself. Some areas of the countries I have traveled have signs far ahead that list the speed in communities and cities but in themselves are not speed limit signs.

When in doubt on a road I slow to 35 on two lane roads unless I see a sign stating otherwise when I pass a "City Limits" sign.

 

[rsd]

There were Pedestrian Crossing/Children signs (but this occurred at 10pm), but that is all (no City Limits sign). It is a residential area, but that stretch of road varies quite a bit from 30 to 50 mph depending on where you are. The fact that the officer said it was posted yet from the route I was taking it was note explicitly posted, seems to me to make the ticket incorrect.

Honestly I don't care about the initial fine, but it is the amount that will go on my insurance that will suck. I have 10years of no tickets (not being pulled over). I didn't even get a warning or anything, and when I tried to ask the officer a question after he handed me a ticket he simply said I can go appeal it. I wouldn't mind traffic school, but I'm not sure how likely of a result that will be in Mass.

 

[QED]

Originally posted by: rsd
Interesting, but if it explicitly says on the ticket that the limit was posted, doesn't that make the ticket incorrect?

Yes, it does.

However, it doesn't invalidate the ticket.

Hopefully, you'll get a lenient judge who will take everything into account-- no posted speed limit, no tickets in the last 9 years, etc...

 

[Krazy4Real]

Appeal it. It will probably get thrown out.

 

[mrchan]

Small error on tickets dont invalidate tickets.

What was the speed limit of the road you were on before you merged onto the road you were ticketed?

Seems to me it's irrelevant what the speed limit was UP AHEAD.

 

[sao123]

Originally posted by: rsd
Update: So I went back to the stretch of road where it occurred just to verify the speed limit was posted and what it was. From where I merged on, and up until he pulled me over there is NO posted speed limit sign contradictory to what he told me and what the ticket says. Also I know that a mile or two further the limit is up to 40-50. I am going to appeal, but how does this help me? (e.g. is it a silver bullet?). I am going to take a small movie of the road also to prove there was no speed limit sign.
---------
Didn't think I'd post about one of the favorite topics here, but I thought there might be a chance I could get some decent advice.

Basically:

Got a speeding ticket for going 50 in a 30 (for $200). I got a ticket when I was 18, but in the past 9years nothing else. Did I realize I was speeding-no, was I--probably. I was heading home at 10pm one a roadway that during this stretch is quite straight. There might have been a couple of cars in front of me within 100-200 yards. Didn't notice that I was catching up to them or anything, but honestly I was zoned out.

That was why I was surprised when I got pulled over, because I had no idea why. The Cop said the posted limit is 30 here (it varies on this road), but I honestly do not remember what the the signs said(I will go check tomorrow). Anyway he said he stopped me over for speeding (I apologized but said I didn't realize it), etc. He took my info and came back with a ticket, when I tried to ask a question he pretty much just said I can appeal it.

I checked some maps, from where he said he got me on radar to when he stopped me was about 600-700 ft. He did not pull me over until AFTER I took a left turn and obviously slowed down to take the left.

Excuse my ramblings because I'm a bit tired, but summarily--worth appealing (e.g. do I stand a fighting chance)?

Any thoughts are welcome.

Like I said, I didn't realize I was even speeding though I may have.

to successfully get off, you must be at least 1 mile from the last posted speed limit on the road you are traveling, and it must be posted after your merge point.

 

[QED]

Originally posted by: sao123
to successfully get off, you must be at least 1 mile from the last posted speed limit on the road you are traveling, and it must be posted after your merge point.

Where do get this info from?

 

[rsd]

Originally posted by: sao123

to successfully get off, you must be at least 1 mile from the last posted speed limit on the road you are traveling, and it must be posted after your merge point.

So that seems to help my case, however I imagine that this would vary from state to state and not be a blanket statement either.

 

[sao123]

Originally posted by: rsd

Originally posted by: sao123

to successfully get off, you must be at least 1 mile from the last posted speed limit on the road you are traveling, and it must be posted after your merge point.

So that seems to help my case, however I imagine that this would vary from state to state and not be a blanket statement either.

yah, it may differ in your state...
check your DMV vehicle code...
The following is an excerpt from PA vehicle code

§ 3362. Maximum speed limits.
(a) General rule.--Except when a special hazard exists that requires lower speed for
compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this section or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) 35 miles per hour in any urban district.
(1.1) 65 miles per hour for all vehicles on freeways where the department has posted a 65-miles-per-hour speed limit.
(1.2) 25 miles per hour in a residence district if the highway:
(i) is not a numbered traffic route; and
(ii) is functionally classified by the department as a local highway.
(2) 55 miles per hour in other locations.
(3) Any other maximum speed limit established under this subchapter.
(b) Posting of speed limit.--
(1) No maximum speed limit established under subsection (a)(1), (1.2) or (3) shall
be effective unless posted on fixed or variable official traffic-control devices erected in
accordance with regulations adopted by the department which regulations shall require posting at the beginning and end of each speed zone and at intervals not greater than one-half mile.
(2) No maximum speed limit established under subsection (a)(1.1) shall be effective
unless posted on fixed or variable official traffic-control devices erected after each interchange on the portion of highway on which the speed limit is in effect and wherever else the department shall determine.
(c) Penalty.--
(1) Any person violating this section is guilty of a summary offense and shall, upon
conviction, be sentenced to pay a fine of:
(i) $42.50 for violating a maximum speed limit of 65 miles per
hour; or
(ii) $35 for violating any other maximum speed limit.
(2) Any person exceeding the maximum speed limit by more than five miles per
hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.